Molly English-Bowers Dec. 28, 2015, 1:13pm


HOUSTON -- Two Houston women are suing their employer, alleging failure to pay overtime wages. 

Carolyn Franklin and Rodrika Perry filed a lawsuit Sept. 11 in the Houston Division of the Southern District of Texas against First Choice Messengers Inc. and Local Express Inc. 

According to the complaint, in the course of their employment, the plaintiffs regularly worked more than 40-hour work weeks in their positions as delivery drivers, or "carriers." The defendant set their schedules and their delivery routes, the suit says.

Under the Fair Labor Standards Act, the defendants are legally bound to pay the plaintiffs, who are classified as non-exempt, one-and-one-half times the regular hourly rate for each hour worked more than 40 in a work week, the lawsuit states, but the plaintiffs say that has never happened.

Franklin and Perry seek a trial by jury, unpaid wages, interests, attorney fees and court costs. They are represented by attorneys Thomas H. Padgett of Bellaire, and Charles L. Scalise and Daniel B. Ross of Austin, both of Ross Law Group.

Houston Division of the Southern District of Texas Case number 4:15-cv-02624

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