Plaintiff Alleges Misclassification Against Former Employer ATX Solar

John H. Wood Jr. Federal Courthouse
John H. Wood Jr. Federal Courthouse
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William Schulz has taken legal action against a solar energy company, alleging significant labor violations. On November 24, 2025, Schulz filed a complaint in the United States District Court for the Western District of Texas against ATX Solar, Inc., and its owner Blake Dilks. The lawsuit claims that Schulz and other Energy Advisors were improperly classified as independent contractors and denied minimum wage and overtime pay, violating the Fair Labor Standards Act (FLSA).

According to the complaint, William Schulz worked as an Energy Advisor for ATX Solar from January to April 2025. During this time, he was classified as an independent contractor and paid solely on commission without any guaranteed wages or salary. Despite being required to adhere to a strict schedule, wear a company uniform, attend meetings and training sessions, and use company-provided tools, Schulz did not receive any compensation for his hours worked. The complaint alleges that this misclassification was deliberate and that ATX Solar’s actions were neither reasonable nor in good faith.

The lawsuit seeks to recover unpaid minimum wages and other damages under the FLSA. It also includes a collective action component on behalf of all similarly situated Energy Advisors who worked for ATX Solar during the past three years and were classified as independent contractors. The plaintiff argues that these workers were subject to similar conditions: they had structured work schedules controlled by ATX Solar, used company resources for their tasks, but received no guaranteed pay despite working full-time hours.

Schulz’s filing details how he reported daily to the office for mandatory meetings and training sessions before engaging in cold-calling potential customers using ATX Solar’s CRM system. His responsibilities included generating leads rather than closing sales—a role over which he had little control regarding finalizing deals or earning commissions. Schulz contends that these practices led to significant financial hardship among Energy Advisors at ATX Solar due to unpaid labor.

The lawsuit demands several forms of relief from the court: recognition of the proceeding as a collective action under FLSA guidelines; orders requiring defendants to provide contact information for potential collective members; awards for unpaid wages; liquidated damages equal to unpaid wages; coverage of legal costs; reasonable attorney fees; pre-judgment and post-judgment interest; service awards for efforts on behalf of the collective; and any further relief deemed appropriate by the court.

Representing William Schulz is attorney Carl A. Fitz from Fitz Law PLLC based in Houston, Texas. The case is identified under Case No. 1:25-cv-1913 with jury trial demanded.

Source: 125cv01913_William_Schulz_v_ATX_Solar_Complaint_Western_District_of_Texas.pdf



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