McAnally v. Elite Fiber

This is an active federal lawsuit on behalf of nine fiber optic technicians who were misclassified as independent contractors and denied overtime pay, violations that the Department of Labor had already confirmed before this case was filed.

Case No. 5:24-cv-1393-JKP-HJB, W.D. Tex. (San Antonio Division)

Background

Before I filed this lawsuit, the Department of Labor investigated Elite Fiber and found that the company had violated federal overtime law by misclassifying its technicians as independent contractors. The DOL calculated that the company owed its workers back wages. Elite Fiber and its owners refused to pay.

That refusal is why this case is in federal court. When employers ignore DOL findings, their workers can pursue the same claims in litigation, and the evidence gathered during the DOL investigation becomes part of the case.

Allegations

Elite Fiber, owned and operated by John and Linda Muschalek, misclassified nine fiber optic technicians as independent contractors to avoid paying overtime. The DOL confirmed violations and calculated approximately $426,000 in damages and fees. The defendants refused to pay those amounts, so I filed suit on behalf of the workers to recover what they are owed, plus liquidated damages that can double the recovery under federal law.

The Muschaleks are named individually. Under federal overtime law, individuals who control a company's pay practices can be held personally liable.

Affected Workers

This case covers nine named plaintiffs who worked as fiber optic technicians for Elite Fiber. If you worked for Elite Fiber in a similar capacity and were treated as an independent contractor, you may be entitled to join this action.

Next Steps

If you worked for Elite Fiber as a technician and were denied overtime, call me at (512) 799-2048 for a free consultation.

I handle these cases on a contingency fee basis. There are no upfront costs, and you pay nothing unless there is a recovery.