Worker sues claiming employer's comp time pay system violated federal law

Michelle Keahey, East Texas Bureau Jul. 5, 2012, 7:00am

SHERMAN - An hourly worker has filed a lawsuit against his previous employer claiming that the company's pay system involving comp time violated federal law.

Bobby J. Cook filed suit against All Axis Machining Inc., Susan A. Kuzmin and Gary F. Kuzmin on June 22 in the Eastern District of Texas, Sherman Division.

Cook was employed by the defendant from December 2010 until February 2012 as an hourly-paid shop worker.

According to the complaint, the plaintiff was told that he would receive "comp time" for the hours he worked in excess of 40 in a work week. However, Cook states that he was not permitted to take all of his comp time and was not he paid out the balance of his comp time when he stopped working for the company.

The defendant is accused of violating the Fair Labor Standards Act by failing to pay Cook at time and one half his regular rate of pay for hours worked in excess of 40.

The plaintiff is asking for an award of damages for unpaid back wages, liquidated damages, court costs, attorneys' fees, and interest.

Cook is represented by J. Derek Braziel and Meredith Mathews of Lee & Braziel L.L.P. in Dallas and Jill J. Weinberg of Weinberg Law Firm in Plano. A jury trial is requested.

U.S. District Judge Ron Clark is assigned to the case.

Case No. 4:12-cv-00383

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