450 workers sue Motiva contractors for travel time compensation

Michelle Keahey, East Texas Bureau Aug. 9, 2012, 11:29am

More than 450 workers have filed a lawsuit against dozens of contractors to obtain wages for their travel time at the Motiva Enterprises expansion project.

Shawn Allen Hamilton and hundreds other workers similarly situated filed the lawsuit against 25 Motiva contractors on Aug. 8 in the Eastern District of Texas, Beaumont Division.

The defendants are A & L Industrial Services Inc., Baker Concrete Construction Inc., Brand Energy and Infrastructure Services Inc., Brock Services Ltd., Car-Ber Testing Texas, Coastal Industrial Services Inc., Economy Insulation Co. Inc., Empire Scaffold, Insulations Inc., Integrated Electrical Services Inc., ISC, KT Maintenance Co. Inc., Orbital Industrial Insulation Corp., PCL Industrial, Performance Contractors Inc., Port Arthur Logistics, RMF Nooter, S & B Engineers and Constructors Ltd., Tecon Services Inc., Teton, PCL Industrial Construction Co., Total Industrial Plant Services Inc., Tracer Industries Management Co Inc., Axion Logistics, Evergreen Fabrication and Industrial Services Inc., and Turner Industries Group.

Each day the employees would perform work at the Motiva SBU2 Crude Expansion Project in Port Arthur and would be required to report for work at a certain location for transportation to the Motiva facility. The total time in transit was approximately 30 to 90 minutes.

The workers claim that the time they spent in transit is compensable under the Fair Labor Standards Act.

The employees were also frequently required to undertake activities prior to or after the pre-determined "work time" each day, including putting on protective equipment, attending mandatory safety meetings, and retrieving radio equipment. The plaintiffs argue that their work day actually began and/or ended at points outside of the pre-determined work time in which they actually received compensation.

The class of workers are seeking an award of damages for wages not properly paid, liquidated damages, attorney's fees, interest, and court costs.

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

Case No. 1:12-cv-00388

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