Hundreds of Motiva workers file lawsuit to receive pay for transit time

Michelle Keahey, East Texas Bureau May 15, 2012, 5:32am

More than 250 workers have filed a lawsuit claiming that they were not properly paid for all of their time spent working on the Motiva Project in Port Arthur.

The lawsuit was filed May 11 against A&L Industrial Services Inc., Baker Concrete Services Inc., Car-Ber Testing Texas, Empire Scaffold, G P Industrial Contractors, ISC, KTMC Turnaround Group, Performance Construction Co., Performance Contractors Inc., RMF Nooter, S & B Engineers and Constructors Ltd., Total Industrial Plant Services Inc., Tracer Industries Management Co. Inc. and Turner Industries Group.

The employees performed work at the Motiva Port Arthur, Texas SBU2 Crude Expansion Project.

The defendants are accused of violating the Fair Labor Standards Act by not paying the employees for their time spent in transit and for other job activities.

According to the suit, the workers were required to get on a bus and transported to the Motiva facility, with 30 to 90 minutes spent in transit. The employees state that they were also not paid for putting on safety equipment, attending safety meetings, doing required exercises or warm up activities, filling out safety reports and for attending other job-related meetings.

The collective class action will represent hundreds or thousands of employees who worked at the Motiva job from May 1, 2009, to the present.

The plaintiffs are seeking an award of actual, special, incidental and liquidated damages, plus attorney's fees, court costs and interest.

The workers are represented by John Werner of Reaud, Morgan & Quinn in Beaumont.

Case No. 1:12-cv-00228

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