Carol Ostrow Jul. 21, 2015, 8:03am


A former oil and gas industry company inspector is filing a class action complaint against the firm alleging unlawful employment practices from 2012 through 2015.

Michael Wagner filed a lawsuit against American Cargo Assurance LLC in the Houston Division of the Southern District of Texas on July 15, claiming violation of the FLSA in March 2015. 

Wagner was employed by American Cargo from early November 2014 to June 18, 2015, and the putative class is defined as any employees who worked as inspectors for the defendant within the last three years.

According to the suit, the defendant has failed to pay its employees the standard time-and-a-half rate for hours worked in excess of 40 per week. The complaint states that the firm violated the FLSA when it allegedly misclassified its inspectors as exempt employees, paying them an hourly wage plus nondiscretionary payments, and failing to pay them for overtime hours.

The suit states that after March, the defendant changed its pay system, compensating all inspectors on an hourly basis but excluding overtime reimbursement.

The plaintiff seeks overtime compensation, an equal amount in liquidated damages, attorney’s fees, expenses, and costs. 

Wagner is represented by Robert R. Debes Jr. of Shellist|Lazarz|Slobin in Houston.

Houston Division of the Southern District of Texas Case 4:15-cv-02022

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