HOUSTON — A restaurant worker from Magnolia, Texas recently filed an unpaid overtime lawsuit against his former employer alleging the company failed to pay him proper minimum and overtime wages.
The lawsuit, filed in Federal District Court of the Houston Division of the Southern District of Texas, asks for a trial by jury to recover unpaid minimum wages, unpaid overtime wages, attorney’s fees, court costs, and liquidated damages equal to the amount of back pay.
The complaint alleges the defendant, Double J Saloon Inc., doing business as El Chaparro Mexican Bar & Grill, required the plaintiff to regularly work over 40-hours a week but did not pay him time and a half for time spent on the job above the overtime threshold. Furthermore, the overtime pay lawsuit claims the plaintiff’s timesheet was altered by the defendant to withhold overtime pay, an accusation which if true would amount to a willful violation of federal wage laws.
The plaintiff hopes to recover compensation not only for himself but for any other former or current workers similarly affected by the defendants allege violations of federal wage laws. Should other workers join the suit, the claim could garner class-action status if approved by the court.
What Can I Recover in an Overtime Pay Lawsuit?
Under the Fair Labor Standards Act, almost all hourly employees must be paid one and a half times their regular hourly pay when they work more than 40-hours per week. Additionally, the employer must keep an accurate record of the employee’s hours worked and wages earned.
When employers fail to do this the worker may file an unpaid overtime lawsuit in federal court to recover their back wages. These overtime pay lawsuits can recover not only unpaid overtime wages but also attorney’s fees, costs of filing the suit, and even liquidated damages equal to the amount of unpaid wages as a penalty against the defendant. Depending on the circumstances of the case, plaintiffs may be rewarded up to two or three-years of unpaid overtime wages.
Texas Restaurant Unpaid Overtime 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.