Michelle Keahey, East Texas Bureau Nov. 27, 2012, 8:10am

SHERMAN - A delivery driver has filed a lawsuit against his Dallas employer claiming that he and other delivery drivers were not paid at the minimum wage rate.

Tauhid Choudhury, on behalf of himself and all others similarly situated, filed suit against Jaguar Courier Service Inc. and Eddie Watson on Nov. 16 in the Eastern District of Texas, Sherman Division.

Choudhury, and the employees he seeks to represent, are current and former employees of Jaguar Courier Service who worked as drivers within the last three years.

The defendants are accused of violating the Fair Labor Standards Act, which establishes minimum wage and overtime requirements for employees. The defendants are accused of knowingly and deliberately failing to compensate the drivers based on time and half formula in the FLSA.

The drivers were compensated based on a set fee schedule for each delivery made, despite the defendants commonly requiring their drivers to work well in excess of 40 hours a week.

The defendants are accused of wrongfully classifying the workers as independent contractors.

“Due to the hours Defendants required Plaintiff and Class Members to work, their effective hourly rate dropped below the minimum wage, also in violation of the FLSA,” the lawsuit states.

The plaintiff is asking for an award of damages for overtime wages, liquidated damages, attorney’s fees and court costs.

Choudhury is represented by Galvin B. Kennedy of Kennedy Hodges in Houston and Beatriz Sosa-Morris of Kennedy Hodges in Houston. A jury trial is requested.

U.S. District Judge Richard A. Schell is assigned to the case.

Case No. 4:12-cv-00722

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