Employees claim home builder not paying overtime

John Suayan, Galveston Bureau Jan. 7, 2011, 3:20am

GALVESTON - A group of Meritage Homes salespeople allege that the homebuilder is not paying them overtime wages, recent court documents say.

The complainants -- led by David Lipnicki, Neil Alba, Donna Armstrong and Brianna Rogan -- accuse Meritage of not compensating them for working �more than 40 hours, a collective action suit filed Dec. 22 in the Galveston Division of the Southern District of Texas says.

According to the original petition: "The defendants' policy and/or practice was not to pay the plaintiffs and all others similarly situated overtime compensation for hours worked over 40 in a week as required by the Fair Labor Standards Act and/or minimum wages."

Meritage is believed to have "knowingly failed to pay overtime to the plaintiffs and all others." Its conduct "has been willful and in bad faith," the suit argues.

The plaintiffs insist that they are aware the defendants' illegal practices and policies have been imposed on other workers.

In addition to the pay in question, a jury trial is also sought.

Attorney Rhonda H. Wills of Houston is representing the plaintiffs, and U.S. District Court Judge Kenneth M. Hoyt is presiding over the case.

Case No. 3:10-cv-00605

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