Salon worker sues for minimum and overtime wages

Michelle Keahey, East Texas Bureau Aug. 12, 2013, 3:03pm

SHERMAN - A salon worker files collective lawsuit for mandated minimum wages and for overtime wages.

Virginia A. Cooks, on behalf of herself and all others similarly situated, filed suit against Ulta Salon Cosmetics & Fragrance Inc. on July 1, 2013 in Denton County District Court. The defendants removed the case to the Eastern District of Texas, Sherman Division on Aug. 8. 

Cooks worked for the defendants at its location on Long Prairie Road in Flower Mound from May through August 2012.

The putative collection action members are all current and former salon workers who were employed by the defendants from May 2010, forward.

Shortly after starting work, Cooks informed her supervisor of defects in the store, which included broken chairs, mats with elevated edges and other defective equipment, according to the suit.

About six weeks later, Cooks claims she sustained a bodily injury when she tripped over a damaged floor mat.

According to the complaint, Cooks claims she filed a worker’s compensation claim and was terminated approximately a month later.

The defendant is accused of violating the Fair Labor Standards Act by failing to pay mandated overtime pay and minimum wages.

The defendant is also accused of retaliatory discharge, disability harassment and discrimination based on disability, discrimination based on race and age.

The plaintiff is seeking an award of damages for loss of wage earning capacity, lost wages, loss of credit reputation and standing, lost employment benefits, liquidated damages, mental anguish, damages for intentional for infliction of emotional distress, loss of consortium, punitive damages, interest, court costs and attorney’s fees.

Cooks is represented by Zachary R. Burd of Law Offices of Zachary R. Burd in McKinney. A jury trial is requested.

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

Case No. 4:13-cv-00443

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