NEW YORK — A veteran photographer for The New York Times recently filed an unpaid overtime lawsuit against the newspaper claiming that the defendant failed to pay him over 3,300 hours worth of overtime over his 10-year employment with the publication. The lawsuit alleges The New York Times improperly classified the plaintiff as an “independent contractor” when in reality the company exerted just as much control over his work and day to day operations like any other employee.
The unpaid overtime lawsuit, filed in U.S. District Court for the Southern District of New York, claims that the 17-year employee for the New York Times worked full time at various assignment desks within the company. The plaintiff states that he worked as many as 250 days per year, spending more than eight hours on the job in a single day and more than 40 hours for the entire week. However, despite the plaintiff’s success, skill, and work ethic as a photographer for the newspaper, the defendant considered him a “freelance” photographer and never paid him overtime.
Among the chief accusations listed in the lawsuit are claims that the defendant violated the Fair Labor Standards Act (FLSA), which codifies the 40-hour overtime threshold and which types of workers may be overtime exempt. Under the FLSA, independent contractors are overtime exempt because these individuals are supposed to be in business for themselves and are not an integral part of the business’ day-to-day operations.
Furthermore, the plaintiff asserts that he received his assignments directly from the defendant, just as full time employees would and was even given equipment on loan from The New York Times when his tools were unavailable. Under the FLSA and the Internal Revenue Service 20-factor test, independent contractors are generally expected to provide their own tools and set their own schedules. Unfortunately, independent contractor misclassification is an all too common form of wage theft plaguing many of the country’s hardest working tyring to make a living for themselves and family.
Freelance Contractor Unpaid Overtime Lawsuit
Call (855) 754-2795 or complete the Free Unpaid Overtime Case Review form on the top right of this page if you believe that your wage rights are being violated under the FLSA. Our top-rated team of unpaid wage lawyers will evaluate your situation to determine your best course of action to help you seek justice.
Our office will also determine if it is in your best interest to file a lawsuit against your employer. Because strict time limitations apply for filing these types of claims, we advise you contact our experienced unpaid overtime wage attorneys at your earliest convenience and preserve your legal rights.