Wave Comm Update

On Friday, March 14, 2014, the Court issued two important orders on issues that had been pending for the last eleven months.  The Court held that Wave Comm did not satisfy the retail sales exemption for the vast majority of the statutory period, meaning that installers may be entitled to overtime pay from April 2006 to September 2009.  From September 2009 to April 2010, the Court held that a trial was necessary to determine whether, and to what extent, installers were working off the clock.  The Court also held that Wave Comm’s two owners were employers under the law, and, to the extent any overtime pay is recovered at trial, are personally liable.  The Court also dismissed a counterclaim brought by Wave Comm against installers.  Finally, the Court denied Wave Comm’s attempt to break the case up into mini trials, holding that the installers could proceed to trial as a group, using representative testimony.  If you have any questions about the case or if you need to update your contact information please contact the clerk on the case, Hailey McGarvey, at 612-256-3269, or by e-mail at hmcgarvey@nka.com.