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SOUTHEAST TEXAS RECORD

Thursday, March 28, 2024

Worker sues B&D Contractors, AG Formers, alleging unpaid overtime

Overtime

A Houston concrete worker is suing a construction and landscaping company, several of its agents and a subcontractor, alleging unpaid overtime wages.

Antonio Arroyo Sanchez, individually and for all others similarly situated, filed a collective action complaint Sept. 24 in the Houston Division of the Southern District of Texas against B&D Contractors Inc., Dan Sugulas II, Bill Thorne, AG Formers and Hernan Arturo Arguello, alleging retaliation and unpaid overtime wages in violation of the Fair Labor Standards Act.

According to the complaint, Sanchez was employed as a concrete laborer on B&D project sites throughout Texas since September 2014, earning $13 per hour while regularly working 50-60 hours per week. During this time, Sanchez and others similarly situated were not paid time-and-a-half for time worked more than 40 hours per week, the suit says.

Sanchez was terminated Aug. 31 after failing to show up for work Aug. 29, a Saturday, explaining to his foreman he had already put in 50 hours or work that week and did not think it was fair for him to work Saturday when he was not paid overtime, the lawsuit states.

Arguello told Sanchez he doesn't have to pay overtime to undocumented workers and terminated him, according to the suit. 

The plaintiff and others in the class seek to recover unpaid overtime wages, liquidated damages, attorney fees and court costs. Sanchez seeks back pay from the date of his termination, as well as front pay. He is represented by attorneys Alfonso Kennard Jr. and Arnoldo J. Rodriguez of Kennard Blankenship Robinson in Houston and San Antonio, respectively.

Houston Division of the Southern District of Texas case number 4:15-cv-02791.

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