Former contractor alleges Ford Motor Company misclassified employment and discriminated by age

Theodore Levin Federal Building
Theodore Levin Federal Building
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A long-serving worker claims he was denied proper wages, benefits, and fair treatment after being classified as an independent contractor rather than an employee for more than two decades. The complaint was filed by Brian Wybenga in the United States District Court for the Eastern District of Michigan on March 20, 2026, naming Ford Motor Company as the defendant.

According to the court filing, Wybenga alleges that Ford Motor Company engaged in a “decades-long scheme” to misclassify him as an independent contractor and supplier. He asserts that this arrangement allowed Ford to avoid paying overtime wages, providing employee benefits, or extending legal protections typically afforded to employees. The complaint states that despite working exclusively for Ford at its World Headquarters since 1999—using company equipment, holding a Ford email address, and performing work integral to the Communications department—he was never offered formal employee status.

The document outlines how Wybenga’s responsibilities grew over time. Initially hired as a freelance photo assistant in October 1999, he soon began working full-time at Ford’s headquarters. Within three months of starting his engagement with Ford through manager Dan Murray, Wybenga says he was asked to report daily and became integrated into company operations. Over the years his role expanded from assisting photographers to serving as Image Coordinator and later Photo Producer within the Communications department.

Wybenga claims that while he worked alongside employees who received health insurance, retirement contributions, paid leave, and other benefits, he did not receive these advantages. Instead of being classified as an employee like others performing similar duties—including younger workers—he continued under a contractor status even after requesting otherwise. According to the complaint: “Defendant refused, year after year, to extend that same status to Plaintiff despite his repeated requests.”

In 2006–2007, amid a restructuring prompted by legal concerns about worker classification at Ford affecting more than 100 freelancers according to Wybenga’s account, he was told he could continue working only if he formed a limited liability company (LLC) and purchased commercial insurance at his own expense. The filing states these requirements were designed for large vendors but imposed on him individually: “Plaintiff complied…purchased commercial insurance at an annual cost of approximately $6,000.” Over two decades as a ‘supplier,’ Wybenga estimates spending between $70,000 and $80,000 on insurance premiums and operating costs solely due to this arrangement.

The complaint further alleges that after restructuring in 2006–2007 his compensation shifted from flat daily rates (with nominal overtime) to hourly billing without any overtime premium regardless of hours worked per week. Despite regularly exceeding forty hours per week throughout his tenure with Ford—and being compensated only at straight time—the suit claims this violated federal wage laws.

Wybenga also details instances where younger workers were hired into formal employee positions performing similar or overlapping duties while he remained classified differently. In particular he points out that when a younger worker named Tanya Moutzalias joined the Communications department during management changes around the COVID-19 pandemic period she was immediately hired as an employee with full benefits. Eventually she became his direct manager despite having less experience—a move which Wybenga alleges led to systematic marginalization culminating in his termination on or about January 30, 2025 at age 58.

The lawsuit brings several legal claims: violation of the Fair Labor Standards Act (FLSA) for unpaid overtime; denial of employee benefits under the Employee Retirement Income Security Act (ERISA); age discrimination under Michigan’s Elliott-Larsen Civil Rights Act (ELCRA); and unjust enrichment relating to out-of-pocket costs incurred due to alleged misclassification.

Wybenga seeks recovery of unpaid overtime wages with liquidated damages under FLSA; all wrongfully withheld employee benefits plus equitable relief under ERISA; compensatory damages for lost wages and emotional distress under ELCRA; punitive damages; restitution of amounts spent on insurance premiums (estimated between $70–$80 thousand); pre- and post-judgment interest; attorneys’ fees; and any other relief deemed appropriate by the court.

The case is represented by attorneys Noah S. Hurwitz (P74063) and Grant M. Vlahopoulos (P85633) of Hurwitz Law PLLC based in Ann Arbor. The case number is 4:26-cv-10927-SDK-CI.

Source: 426cv10927_Brian_Wybenga_v_Ford_Motor_Complaint_Eastern_District_of_Michigan.pdf



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