A worker has prevailed in a wage dispute. Truck driver Oscar Rodriguez claimed he worked 65 hours per week for Miami-based Demolition King Inc. in 2013 and 2014 but was paid only $125 per day. Rodriguez claimed he was an employee because he drove the firm’s truck to and from its locations, transported its materials at the times it designated and operated its equipment at its work sites four to seven days per week. He sought $6,000 in overtime wages and an equal amount in damages.
The defense argued Rodriguez was not an employee but an independent contractor because he filed his taxes as a Form 1099 independent contractor. The jury found he was an employee of Demolition King, the company failed to pay him overtime and awarded him $12,000.
