Fiber Optic Installation — Independent Contractor Misclassification

Elite Fiber, LLC | Fiber Optic Technicians | San Antonio and Austin, Texas

Buenker Law filed a federal lawsuit against Elite Fiber, LLC and its owners on behalf of fiber optic installation technicians in the San Antonio and Austin areas who were misclassified as independent contractors and denied overtime pay. The plaintiff and similarly situated workers installed fiber optic cable and equipment as part of the ongoing broadband infrastructure expansion across Texas, regularly working approximately 60 hours per week. Despite those hours, they were paid a straight-time hourly rate for every hour worked with no overtime premium.

This case involves what may be the clearest type of willful overtime violation: the employer’s stated policy, communicated from the first day of hire, was that no overtime would be paid. An employer who tells its workers upfront that they will not be paid overtime is not acting in good faith or under any misunderstanding of the law — it is making a deliberate choice to deny workers legally required compensation. The fiber optic installation industry has expanded rapidly in recent years, and the workers who lay the cable for that expansion are frequently misclassified or denied overtime under the assumption that they cannot or will not pursue their rights.

The lawsuit was filed as a collective action on behalf of all fiber optic technicians employed by Elite Fiber during the three-year period prior to filing. The case is pending in federal court in San Antonio.

Workers in similar situations may have legal rights under the FLSA. Because prior legal action or agency findings can establish willful conduct, affected workers may be entitled to recover three years of back wages. Time limits apply.