A Massachusetts worker sued RCN Corp., a Herndon VA-based cable TV firm with operations in several states, claiming he was improperly classified as an independent contractor. The complaint was filed this week as a class action in U.S. District Court in Massachusetts to include all such workers in the U.S. It contends RCN denied workers overtime pay and benefits such as paid vacation, sick time and health insurance.

Plaintiff Fritz Elienberg, of Roxbury MA, was a cable installer for RCN who was employed by another firm, Custom Cable Concepts of Levittown PA, according to the lawsuit. He was discharged from the job after requesting time off for a workplace injury, the suit said.

Work done by the independent contactors in this suit included installing cable television, Internet broadband and phone services at homes and businesses.

The suit said RCN hires other workers to perform the exact same tasks but are classified as employees, and that plaintiffs rely entirely on defendants for business. "The defendants are in complete control of the manner in which these 'independent contractors' perform their services," according to the lawsuit.