United States District Court, D. Maryland, Southern Division
Decided March 25, 2014.
For Gregory Randolph, on his own behalf and on behalf of all others similarly situated, Plaintiff: Robert Scott Oswald, LEAD ATTORNEY, Nicholas Wyckoff Woodfield, The Employment Law Group PC, Washington, DC.
For Dana Brown, Plaintiff: Nicholas Wyckoff Woodfield, LEAD ATTORNEY, The Employment Law Group PC, Washington, DC.
For Powercomm Construction, Inc., David Kwasnik, Sr., Defendants: Geoffrey Martin Bohn, LEAD ATTORNEY, Bohn and Kouretas PLC, Arlington, VA.
Paul W. Grimm, United States District Judge.
Plaintiffs bring this collective action under the Fair Labor Standards Act (" FLSA" ) and the Maryland Wage and Hour Law (" MWHL" ), alleging that they worked in excess of forty hours per week as traffic controllers for Defendant PowerComm Construction, Inc. (" PowerComm" ) but were not paid sufficient overtime wages. Defendants have moved for summary judgment, arguing that Plaintiffs were independent contractors and not employees covered by the FLSA and MWHL. Plaintiffs respond that, even though they were classified as independent contractors by PowerComm, they actually qualify under the federal and state statutes as employees. Plaintiffs also seek permission to provide notice to other potential plaintiffs. Because a reasonable jury could find that Plaintiffs are employees under the FLSA and MWHL, I deny Defendants' motion for summary judgment and grant Plaintiffs' motion to provide notice.
I. FACTUAL BACKGROUND
In reviewing a motion for summary judgment, the Court considers the facts in the light most favorable to the non-movant, drawing all justifiable inferences in that party's favor. Ricci v. DeStefano, 557 U.S. 557, 585-86, 129 S.Ct. 2658, 174 L.Ed.2d 490 (2009); George & Co., LLC v. Imagination Entm't Ltd., 575 F.3d 383, 391-92 (4th Cir. 2009); Dean v. Martinez, 336 F.Supp.2d 477, 480 (D. Md. 2004). Unless otherwise stated, this background is composed of undisputed facts. Where a dispute exists, I consider the facts in the light most favorable to Plaintiffs. See Ricci, 557 U.S. at 585- 86; George & Co., 575 F.3d at 391-92; Dean, 336 F.Supp.2d at 480.
Defendant PowerComm is an electrical utility construction company that " 'specializes in construction, upgrading, and maintenance of overhead and underground distribution systems.'" First Kwasnik Decl. ¶ 3-4, Mem. of Points & Authorities in Support of Defs.' Mot. for Summ. J. as to Pl.'s Individual Claims (" Defs.' Randolph Summ. J. Mem." ) Ex. 1, ECF No. 21. Defendant David Kwasnik, Sr. has been President and CEO of PowerComm since 2010. Id. ¶ 2.
Plaintiffs Gregory Randolph and Dana Brown both have worked as " flaggers," or traffic controllers, for PowerComm. See Randolph Decl. ¶ 1, Pl.'s Opp'n to Defs.' Mot. for Summ. J. as to Pl.'s Individual
Claims (" Randolph Summ. J. Opp'n" ) Ex. 1, ECF No. 24; Brown Decl. ¶ 1, Pls.' Opp'n to Defs.' Mot. for Summ. J. as to Pl. Dana Brown (" Brown Summ. J. Opp'n" ) Ex. 1, ECF No. 37. As a flagger, Randolph and Brown each " directed traffic through PowerComm construction sites or other temporary traffic control zones past an area using signs or flags. [They were] responsible for maintaining the safety and efficiency of traffic, as well as the safety of road workers, while allowing ...