Carol Ostrow Aug. 6, 2015, 10:29am


An event wardrobe specialist is suing her employer for allegedly attempting to elude overtime pay during her period of employment.

Carolina Uvina filed a lawsuit against N Y Enterprises Inc., doing business as Children’s & Bridal Etc., in the Houston Division of the Southern District of Texas on July 30, claiming labor law violations in an undated complaint.

According to the suit, the special events attire business breached the Fair Labor Standards Act when it consistently failed to pay the plaintiff the standard 1.5 times her ordinary hourly wage for time worked in excess of 40 hours weekly.

The complaint states that Uvina was hired as a sales representative with duties comprising sales, customer service and cashiering and that she was paid a salary of $300 per week but regularly logged 50-hour work weeks. Claiming she is not an exempt employee under FLSA, Uvina asserts that the company promised to double her salary but failed to implement the practice.

Consequently, the suit states, the plaintiff’s net pay worked out to less than the minimum wage of $7.25 per hour. Averring that she was not adequately compensated, Uvina invokes the Texas common law of quantum meruit, alleging breach of contract.

The plaintiff seeks compensation for unpaid overtime wages, an equal amount in liquidated damages, post-judgment interest, attorney’s fees, expenses, and costs. She is represented by Trang Tran of the Tran Law Firm in Houston.

Houston Division of the Southern District of Texas Case 4:15-cv-02195.

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