This new case was recently filed on Friday, November 20, 2009, on behalf of installers and technicians against New Vision Telecommunications ("NVT"), NVT Georgia Inc. ("NVT Georgia") and the individual owners of the companies. The lawsuit was filed in the United States District Court for the Middle District of Tennessee. The case is entitled Bowman, et al. v. New Vision Telecommunications, Incorporated, et al., M.D. Tenn. Case No. 3:09-cv-01115.

The four named Plaintiffs are represented by attorneys Paul J. Lukas and Rachhana T. Srey from Nichols Kaster, PLLP, in Minneapolis, Minnesota, and attorneys William B. Ryan and Bryce W. Ashby from Donati Law Firm, LLP in Memphis, Tennessee. Douglas B. Janney III of Nashville is local counsel for the Plaintiffs.

The Plaintiffs specifically assert that they were unlawfully denied overtime pay for all hours they worked over forty in a week. In particular, the Complaint alleges that the company unlawfully denied its installers/technicians overtime by improperly classifying them as "independent contractors" before January 2009, and now claiming that as W-2 employees, the installers and technicians are not "qualified" for overtime pay. The Plaintiffs worked in the Nashville and Atlanta areas.

Plaintiffs' attorney Billy Ryan from Memphis, Tennessee, explained, "Under the facts and circumstances, our clients and the other technicians they worked with should have been classified as W-2 employees the entire time and they should have been paid overtime. NVT is simply wrong when they said that technicians are 'not qualified' for overtime."