A Roxbury man has filed a proposed class-action lawsuit against RCN Corp., claiming the broadband company misclassified him and as many as 1,000 other United States installers. According to the lawsuit filed in Boston last week, Fritz Elienberg was employed as an “independent contractor” from 2005 until he was fired in February.
Elienberg claims he and the other “independent contractors” were misclassified so that the company could deny them insurance benefits, overtime, and other benefits. He was also denied compensation to cover medical bills for an injury he sustained on the job.
The lawsuit claims that his employer violated the federal Fair Labor Standards Act and Massachusetts’ independent contractor and overtime laws. RCN provides cable TV, internet, and phone services in Boston and in 16 other Massachusetts communities. Elienberg’s attorney says that an increasing number of companies are misclassifying workers as independent contractors to avoid paying workers compensation, Social Security taxes, and other expenses.