West Boylston man sues Table Talk for $652K, claiming independent contractor misclassification

Photo | Courtesy of Table Talk Pies Inc. A Table Talk Pies production line

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A West Boylston man who says he has been employed with Table Talk Pies as a sanitation manager since 2009 has filed a lawsuit against the company, claiming he was misclassified as an independent contractor.

The lawsuit, filed in Worcester County Superior Court on Monday by Anthony DuVarney, claims the Worcester-based dessert manufacturer treated him as a full-time employee but listed him as independent contractor, resulting in him being unable to collect overtime despite regularly working more than 40 hours a week.

DuVarney’s lawsuit says multiple factors show he should be recognized as a full-time employee, including the fact that Table Talk listed him on the company’s organizational chart and two other individuals who had the same job title as himself were classified as employees. His lawsuit claims he had an office within Table Talk’s facility and a company email address and he was not free to set his own schedule or to control and direct his own work.

The lawsuit argues the evidence shows the company to be in violation of multiple state laws, including Chapter 149, Section 148B, which governs the classification of independent contractors.

The lawsuit seeks $651,816 dollars in damages. In addition to $591,816 of documented lost wages and compensation, DuVarney is also seeking $60,000 to cover treble damages, interest, and costs with filing the lawsuit, including attorneys’ fees. He is being represented by the Law Office of Jeffrey Strom, based in Boylston.

In an emailed statement to WBJ, Table Talk denied any wrongdoing.

"The recent litigation filed by Mr. DuVarneys comes as a surprise." Isaac Long, president of Table Talk Pies, said in the statement. "Table Talk denies any wrongdoing and we look forward to resolving this matter in court while upholding the values of fairness and integrity that define Table Talk.”

DuVarney's legal representation did not respond to a request for comment from WBJ.

EDITOR'S NOTE: This story has been updated from a previous version to include a statement from Table Talk.