From JDSupra, Richard Reibstein discusses a lawsuit filed by a consultant for a firm that provides client intake and retention services who alleges he was misclassified as an independent contractor. Richard writes:
CONSULTING COMPANY PROVIDING LEGAL SERVICES SUED FOR IC MISCLASSIFICATION IN TENNESSEE. A consultant has filed a proposed collective action on behalf of himself and others in a Tennessee federal court against a business providing client intake and retention services within the legal industry. The consultant has claimed the company violated the overtime compensation provisions of the federal FLSA by allegedly misclassifying the consultants as ICs and not employees. The company’s website states that its mission is “to improve the profitability of your personal injury law firm by helping increase conversion of leads to intakes and signed contracts.” The collective action complaint alleges that in order to provide such services to attorneys and law firms nationwide, the company engages and directs consultants to answer inbound calls, perform initial consultations, and complete the client retention process. According to the complaint, the company allegedly exercises significant control over the consultants by requiring that they routinely work in excess of 40 hours per week (for which they do not receive overtime compensation); mandating that the consultants follow company-wide rules and policies; setting the consultants’ compensation; and requiring the consultants use the company’s computer equipment, software, and operating systems. Johnson v. Legal Answer Edge LLC, No. 3:25-cv-00615 (M.D. Tenn. June 3, 2025).