AUSTIN — A former employee for self-storage company Metro Mini recently filed an unpaid overtime lawsuit against the company alleging the Texas-based defendant failed to pay overtime wages and wrongfully terminated him. The claim, filed in U.S. District Court in the Houston division of the Southern District of Texas, is the latest development in a case dating back all the way to 2014 over similar allegations made by the plaintiff.
The case originally began in 2014 when the same plaintiff filed a claim under the Fair Labor Standards Act alleging that his employer only paid wages for work between 9am and 6pm during the week, even if the plaintiff performed more than 40 hours. The plaintiff claims his employer subsequently terminated employment, another potential violation of the anti-retaliation provisions of the Fair Labor Standards Act.
The plaintiff’s lawsuit seeks back pay, interest on lost wages, court costs, and reinstatement to the company and a trial by jury to litigate the matter. Under The Act, employers must pay workers one and a half times the individual’s regular hourly wage when the employee works more than 40 hours per week. Furthermore, aggrieved employees cannot be terminated for making a protected complaint under the law.
Federal Overtime Pay Laws
Although state and federal wage laws do allow employers to classify some types of workers (like managers, executives, and certain professionals) as overtime exempt and pay these employees a salary, the law expects these workers to perform certain enumerated duties to qualify as overtime exempt. One of the most common tactics some employers use to keep payroll down is to give employees the title “manager” and pay these workers a weekly salary, no matter how many hours worked or the type of duties performed.
In these situations, the Department of Labor may force perpetrators to implement new payroll systems and oversight to prevent future instances of wage theft. Furthermore, workers can recover their back wages (plus interest), liquidated damages equal to back pay, and attorneys’ fees to cover the cost of litigation.
Unpaid Overtime Lawsuit Attorney
This case highlight the lengths former employers may go when their employees stand up for their legal rights and bring claims for unpaid overtime wages. Having an experienced overtime lawsuit attorney on one’s side can help navigate these legal pitfalls and give plaintiffs their day in court.
If you believe that your wage rights were violated under the FLSA and may have a claim, call (855) 754-2795 or complete the Free Unpaid Overtime Case Review form on the top right of this page. Our law firm has a team of experienced and dedicated overtime wage lawsuit attorneys ready to help you understand your legal rights.