Michelle Keahey, East Texas Bureau Sep. 4, 2012, 11:04am


SHERMAN - Two landscape laborers have filed a collective action lawsuit against their employer that claims that they were not paid any overtime wages.

Alfredo Guerreo Mendoza and Hermelindo Guerreo Estrada, on behalf of themselves and others similarly situated, filed suit against A&A Landscape and Irrigation LP and David Anderton on Aug. 27 in the Eastern District of Texas, Sherman Division.

The landscaping and irrigation company recently did work at Episcopal School of Dallas, University of Texas at Dallas and Fair Park. The suit states the plaintiffs were employed by defendants as non-exempt employee landscape laborers and routinely worked in excess of 40 hours per week.

According to the lawsuit, the employees performed manual work during a workweek of at least six days and oftentimes as many as 12 hours in a workday. Defendants paid the laborers by check for the first 40 hours worked each week.

The lawsuit will represent at least 100 landscape laborers that were employed from Aug. 24, 2009, through the present.

The defendants are accused of willfully violating the Fair Labor Standards Act by choosing not to pay the workers according to the law.The lawsuit is seeking damages for unpaid wages, overtime, liquidated damages, attorneys’ fees and court costs.

The plaintiffs are represented by Maricela Moore of Farrow Gillespie Heath LP in Dallas.

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

Case No. 4:12-cv-00562

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