On March 11, 2025, a settlement notice was sent to a class of over 1,000 Data Control Officers and workers in similar positions who were employed by Sitemetric, LLC, misclassified as independent contractors, and denied proper overtime pay. The workers are represented by the wage and hour law firm Getman, Sweeney & Dunn, PLLC out of New York. As part of the settlement Sitemetric agreed to reclassify its workers for wage and hour purposes.

The case was brought by Data Control Officers who, despite being treated as employees, were classified as independent contractors. As a result, they worked more than 40 hours in a week but were paid their straight-time hourly rate instead of the mandated overtime premium. Attorneys for plaintiffs claim that the workers are, in fact, employees who are entitled to overtime pay under the Fair Labor Standards Act, and some state laws.

Sitemetric denies these claims and settled the case without admitting liability.

Sitemetric is “an industry-leading connected jobsite and workforce platform.” It works with the construction industry and uses technology to connect and integrate workforce and jobsite operations. To operate its onsite technology, Sitemetric employs Data Control Officers and similar positions throughout the country with majority of affected workers in Virginia. However, Sitemetric also employs workers in Texas, California, North Carolina, and throughout the U.S.

“All workers deserve to be treated with dignity, respect, and fairness,” said Matt Dunn, Partner and lead attorney for the workers.  “We commend these workers for collectively standing up for their right to fair pay.”

Too many employers misclassify workers as independent contractors to avoid paying them overtime pay and benefits. As a result, workers often suffer in many ways: they don’t receive the employee protections, earn paid sub-minimum wages, are denied overtime pay, work longer hours or multiple jobs, and experience financial distress.

“This settlement serves as a reminder that companies can’t use misclassification as a tool to avoid paying workers fairly,” adds attorney Whitney Flanagan. “We are proud to have supported these workers in securing the wages they deserve.”

The case is Greene v. Sitemetric, LLC, 4:24-cv-02326 in the U.S. District Court for the Southern District of Texas.

Click here to read the Complaint.

Click here to read the motion for settlement.