Although arbitration was not designed to handle class actions or collective actions, mediation with the help of an arbitrator can be achieved for a group of plaintiffs, with the help of class representatives, as in the recent wage and hour lawsuit against Google Fiber Inc. and ITC Service Group Inc.
Google Fiber hired ITC as a contractor to install and service Google’s products in Kansas City, one of the cities in which Google provides its own brand of internet and TV services. While working on Google Fiber’s products, employees for ITC allege they were made to perform work for which they were never paid, including work they performed before their shifts began, and work they did over their unpaid lunch breaks when they were “clocked out.”
The lawsuit further alleged supervisors were misclassified as exempt from overtime, even though they allegedly did not meet all the requirements for the FLSA’s overtime exemption.
When the lawsuit was first filed, ITC was the only defendant listed on the complaint, but Google Fiber was later added as a second defendant. Not only were the ITC workers performing work for Google Fiber, but they also allege that they were made to announce themselves as Google employees and wear gear bearing the Google brand while on the job. As a result, the complaint alleged Google was at least partially responsible for the alleged wage and hour violations. Continue reading