Robbie Hargett Aug. 20, 2015, 12:59pm


A Tomball man is suing his former employer and one of its officials over allegations of unpaid overtime wages.

Kyle Brock filed a complaint Aug. 14 in the Houston Division of the Southern District of Texas against TurnCo LLC and Lonnie Smith II, alleging unpaid overtime wages in violation of the Fair Labor Standards Act.

The complaint states Brock worked for TurnCo as an entry-level inspector/helper from September 2013 to June 2014, during which time he was paid a fixed salary of $2,500 per month with a $100 call out fee for any weekend shifts he worked.

Brock averaged a 12-hour workday from five to seven days a week and was paid the flat call out fee on weekends whether he worked one hour on one day or two 12-hour shifts.

Brock was promoted to a level II inspector on June 2014, during which time he worked 12-hour shifts, five days per week with largely the same duties, for a fixed "salary" of $3,000 per month plus a 3 percent commission.

The lawsuit alleges that Brock was not paid overtime wages during his entire employment, which concluded in July, and that complained about his lack of overtime pay, most recently after TurnCo transitioned to an hourly rate for level I inspectors/helpers.

To this most recent complaint, Smith, CFO and one of the owners of TurnCo, responded by saying that even if level II inspectors like Brock were paid an hourly wage with overtime, Brock would not be paid overtime because his hours would be capped at 40 hours per week so that he wouldn't be paid more than he was earning for his salary, according to the suit.

The suit then states that Brock's final paycheck was reversed from his checking account, and when he inquired about it to TurnCo's Human Resources Department, the HR representative mistakenly sent Brock a text message meant for Smith stating that Brock inquired about the "money that is owed to him."

Brock received his final paycheck on Aug. 6, after "rude" and "nonresponsive" behavior from Smith regarding the final check's status.

Brock seeks to recover unpaid back wages, liquidated damages, and attorney fees and costs.

He is represented by Michael A. Starzyk, April L. Walter, and Megan M. Mitchell of Starzyk & Associates, PC in The Woodlands.

Houston Division of the Southern District of Texas case number 4:15-cv-02367.

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