Fiber installation technicians are frequently paid by the job and classified as independent contractors. But receiving a 1099 does not necessarily mean a technician is legally an independent contractor.

Our firm is investigating whether fiber installation technicians performing work for Lumos Fiber, T-Fiber, T-Mobile Fiber, ARE Telecommunications, C&A Technologies, and related contractors or subcontractors were improperly classified as independent contractors and denied overtime compensation.

Paid by the Installation

Many fiber technicians are paid according to a set amount for each completed installation, trouble call, fiber drop, repair, or other assigned job.

Piece-rate compensation is lawful in some circumstances. But if a technician is actually an employee, the employer generally must still account for all hours worked and pay overtime when the technician works more than 40 hours in a workweek.

A technician does not lose overtime rights simply because he:

• receives a Form 1099;
• is paid by the job;
• uses his own vehicle;
• purchases some of his own tools; or
• signed an agreement calling him an independent contractor.

The question is whether the technician was truly operating an independent business or was economically dependent upon the companies directing and benefiting from his work.

Signs a 1099 Fiber Technician May Actually Be an Employee

Factors that may be important include whether the company:

• assigned the technician’s jobs or route;
• dictated when the technician worked;
• required work on particular days;
• set the amount paid for each type of job;
• required the technician to use company software or apps;
• monitored job completion;
• required photographs or detailed closeout documentation;
• controlled installation standards;
• required company badges, shirts, or vehicle identification;
• imposed chargebacks;
• controlled whether a technician could continue receiving work; or
• required the technician to obtain insurance or equipment through a designated provider.

The more control the company exercises over the technician’s day-to-day work, the stronger the argument may be that the technician was actually an employee.

Lumos and T-Fiber Technician Practices Under Investigation

Lumos fiber technicians may have been required to use Salesforce Field Service, Lumos-related login systems, Work Force Management dispatch procedures, and T-Fiber Daily Billing forms.

They may also have been required to take job photographs, comply with detailed installation instructions, follow standardized closeout procedures, and use specific billing codes. 

Unpaid Work May Extend Beyond the Installation

A common overtime problem in piece-rate industries is that employers focus only on completed jobs rather than all of the time technicians spend working.

Depending on the circumstances, compensable work can include:

• time spent checking routes before the first job;
• driving between jobs;
• picking up equipment and materials;
• contacting dispatch;
• waiting for customer appointments;
• performing required paperwork;
• uploading photographs;
• closing jobs in company software;
• correcting rejected work;
• attending meetings; and
• completing required training.

If those activities push a technician’s total working time above 40 hours during a week, overtime compensation may be owed.

Were Money or Fees Deducted From Your Pay?

We are also investigating deductions imposed on technicians, including recurring charges for insurance, tools, chargebacks, and a percentage-based weekly retainer. 

These deductions can become particularly important when evaluating a technician’s actual compensation and whether federal or state wage laws were followed.

We Are Investigating Claims for Fiber Installation Technicians

We would like to hear from current or former technicians who performed fiber installation work connected to:

Lumos Fiber, T-Fiber, T-Mobile Fiber, ARE Telecommunications, C&A Technologies, or related contractors and subcontractors.

You may have a potential claim if you:

• were classified as a 1099 independent contractor;
• worked more than 40 hours per week;
• were paid by the job rather than by the hour;
• were not paid additional overtime compensation;
• had routes or jobs assigned to you;
• were required to work a particular schedule;
• had money deducted from your pay; or
• performed significant unpaid work before, between, or after customer installations.

If you would like to discuss your experience, contact Borsellino, P.C. at 817.908.9861 or email him using this link for a confidential consultation.

No court has determined that any company mentioned in this article violated the law. Our investigation is ongoing, and whether an individual technician has a claim depends upon the particular facts and applicable law.