In a significant legal move, a construction worker has taken on a steel fabrication company over alleged labor law violations. Lorenzo Alvarez filed a complaint against Elevated Steel, LLC in the United States District Court for the Northern District of Georgia on January 23, 2026. The lawsuit accuses Elevated Steel of misclassifying Alvarez and other workers as independent contractors to avoid paying overtime wages, in violation of the Fair Labor Standards Act (FLSA).
Alvarez, who worked for Elevated Steel from November 2021 until September 2025, claims that he and other similarly situated workers were systematically denied overtime pay despite regularly working more than forty hours per week. According to the complaint, Elevated Steel improperly classified these workers as independent contractors rather than employees, thereby circumventing FLSA’s overtime requirements. “Defendant knowingly and deliberately failed to compensate Alvarez and the Straight Time Workers overtime of at least one and one-half their regular rates for all hours worked in excess of forty (40) hours per workweek,” the complaint states.
The lawsuit seeks to recover unpaid overtime wages and additional damages under FLSA provisions. Alvarez argues that this misclassification was not only deliberate but also part of a broader pattern affecting numerous workers employed by Elevated Steel across various states including California, Florida, Georgia, and New York. The company is accused of employing illegal pay practices by compensating its workforce with straight time for overtime instead of adhering to statutory overtime rates.
The case hinges on whether Elevated Steel’s practice violated federal labor laws by denying rightful compensation through an unlawful classification scheme. Alvarez asserts that he and his colleagues were treated as employees rather than independent contractors due to factors such as reporting directly to management-level employees at Elevated Steel, being economically dependent on the company for work and compensation, and following schedules dictated by the company.
In addition to seeking back pay for unpaid overtime wages, Alvarez is requesting liquidated damages equal to those unpaid wages along with reasonable attorneys’ fees and litigation costs. The suit also demands pre- and post-judgment interest on any awarded amounts. This collective action aims to include all individuals employed by or working on behalf of Elevated Steel who were similarly paid straight time for overtime over the past three years.
Representing Alvarez are attorneys Julie H. Burke from Hill, Kertscher & Wharton LLP based in Atlanta, Georgia, and Carl A. Fitz from Fitz Law PLLC located in Houston, Texas (pro hac vice pending). The case is being heard under Case ID 4:26-cv-00023-WMR before Judge William M. Ray II.
Source: 426cv23_Lorenzo_Alvarez_v_Elevated_Steel_Complaint_Northern_District_of_Georgia..pdf
