HOUSTON — A Texas man from Harrison County recently filed an unpaid overtime lawsuit against his employer alleging he frequently worked over the federal overtime threshold without receiving time and a half for his overtime hours.
His lawsuit seeks compensation for various types of damages under the Fair Labor Standards Act (FLSA).
The plaintiff filed his suit in Federal District Court in the Southern District of Texas Houston Division against Frias Hardwood Floors. The complaint alleges the plaintiff routinely worked anywhere from 50 to 60 hours per week but was not fully compensated for all the overtime he put into his work.
The claim states the plaintiff was only paid an “overtime premium” of eight hours of time and a half each week even though he worked two to 12-hours of overtime each pay period. The suit asks the federal court for a trial by jury to recover compensation for unpaid overtime, liquidated damages equal to lost overtime pay, attorney’s fees, and court costs.
How Do I Know if I am Eligible for Overtime Pay?
Under the FLSA, almost all hourly employees are eligible for overtime pay if they work over 40-hours in a week. Employees must be paid at a rate of one and a half times their regular hourly rate under the law and their employer must create payroll records reflecting the amount of hours worked during a week.
Often times, employers may misinform their employees about job titles and duties in order to get around federal wage laws requiring the dispensing of overtime pay. Under the FLSA, only certain classes of workers are exempt from overtime pay and must meet certain qualifications to comply with the statutes.
Employees who may have been underpaid are eligible to recover two-years of back pay under federal and many state statutes. However, that time period may be increased to up to three-years if the plaintiff can prove to the court his or her employer intentionally broke the law.
FLSA Overtime Pay Lawsuits
Call (855) 754-2795 or complete the Free Unpaid Overtime Case Review form on the top right of this page if you feel that you and and other employees believe that your wage rights are being violated under the FLSA. Our top-rated team of unpaid wage lawyers will evaluate your situation to determine your best course of action to help you seek justice.
Our office will also determine if it is in your best interest to file a lawsuit against your employer. Because strict time limitations apply for filing these types of claims, we advise you contact our experienced unpaid overtime wage attorneys at your earliest convenience and preserve your legal rights.