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Tennessee-based security and traffic control services company to pay $632,463 for IC misclassification

June 26, 2023

A Hermitage, Tennessee-based security and traffic control services provider and its owner will pay $632,463 in back wages and liquidated damages after misclassifying 105 workers as independent contractors, the US Department of Labor announced Friday.

The misclassification also included security guards who worked in Puerto Rico following Hurricane Maria.

An investigation by the department’s Wage and Hour Division found EM Protective Services LLC and its owner, Erik Massikas, failed to pay the workers engaged in security and traffic control work the minimum wage and overtime required by the Fair Labor Standards Act. The company provides work zone traffic control, business security, personal protection and private investigation services.

A trial took place in July, during which the court ordered EM Protective to pay $516,190 in back wages and liquidated damages to employees who worked in Puerto Rico. The court subsequently ordered the company to pay a group of guards and traffic control officers employed in the Nashville area an additional $116,273 in back wages and liquidated damages.