Molly English-Bowers Sep. 15, 2015, 12:22pm


Eleven men are suing two companies for allegedly unpaid overtime and paying below the minimum wage.

Marc Thompson, Brandon White, Jeffery Grubbs, Desmond Pollard, Devon Barnes, Byron Collins, Robert Ross, Immanuel Edens, Alex Davis, Corey Wells and Darrian Everette filed suit Aug. 25 in the Houston Division of the Southern District of Texas against Capstone Logistics LLC and LMS Intellibound LLC, both based in Georgia but with offices in Austin.

According to the complaint, the defendants are third-party warehouse servicers that provide logistical services to companies in the warehouse, distribution and manufacturing industries. The plaintiffs worked for them as unloaders, or "lumpers," and were employed to unload trucks.

Each plaintiff claims that he worked in excess of 40 hours in a work week but was not paid at one-and-one-half times the regular rate of pay per the Fair Labor Standards Act. When not unloading a truck, the plaintiffs were required to remain on the premises, but were not compensated for their time, the complaint states. Also, the plaintiffs say they worked through lunch but were not paid for that time, and they were required by the defendants to work off the clock.

In addition to a jury trial, the plaintiffs seek compensation, interest, a declaration by the court that the defendants violated the FLSA, court costs and attorneys' fees.

The lead attorney for the plaintiffs is Nicholas J. Wagoner of the Wagoner Law Firm in Houston.

Houston Division of the Southern District of Texas case number 4:15-cv-02464.

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