Jeff Co Sheriff's Office sued for not paying overtime during Hurricane Ike

Michelle Massey, East Texas Bureau Feb. 15, 2011, 4:00am

The Jefferson County sheriff's department is being sued for not paying overtime to its employees during a two-week period around the time that Hurricane Ike hit.

Malon Foots, individually and on behalf of all similarly-situated individuals, filed suit against Jefferson County Sheriff's Office on Feb. 11 in federal court for the Eastern District of Texas, Beaumont Division.

The Sheriff's Office is accused of violating the Fair Labor Standards Act by requiring Foots and other hourly employees to engage in overtime work without paying the federally-required overtime pay.

Foots argues that he and other employees are owed overtime compensation for work during a two-week period around the time that Hurricane Ike struck.

According to the lawsuit, the employees were prohibited from evacuating and were required to remain on duty or at prescribed county offices for the entire two week period.

Although they were mandated to work, the defendants have not paid for any hours in excess of forty hours per week, Foots claims in the lawsuit.

The plaintiff is seeking an award of all overtime benefits due and owing to him, attorney's fees, statutory penalties, exemplary damages, court costs and interest.

Foots is represented by John S. Morgan of Harris, Duesler & Hatfield in Beaumont.

U.S. District Judge Marcia A. Crone is assigned to the case.

Case No. 1:11-cv-00075

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