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SOUTHEAST TEXAS RECORD

Thursday, April 25, 2024

Worker sues Texas oilfield equipment businesses, alleging unpaid overtime

Overtime

A Harris County man is suing two Texas oilfield equipment supply companies, alleging unpaid overtime wages.

Eduardo Cesconetto filed a lawsuit Sept. 30 in the Houston Division of the Southern District of Texas against WFMS Inc. and Welker Inc., alleging unpaid overtime in violation of the Fair Labor Standards Act.

According to the complaint, Cesconetto worked for Welker as an IT professional with the job title of vice president of applied technology from Oct. 8, 2012, to Sept. 19, 2014. During this time, the suit says, Welker also required Cesconetto to work additional time for WFMS, performing work that was not similar to work performed for his position with Welker.

For WFMS, Cesconetto fixed computers, installed software, ran cable and relocated computers, the lawsuit states. He also had to perform computer security, cleanup, and virus-checking over holidays, all of which resulted in Cesconetto working from 6 a.m. to 10 p.m. every day, a total of more than 40 hours per week, the suit says.

The complaint alleges the plaintiff was not paid an overtime premium for hours worked beyond 40 hours per week, and when he discussed this with the defendants he was told not to talk about or bring it up anymore.

Cesconetto seeks to recover unpaid overtime compensation, minimum wages, liquidated damages, plus attorney fees and court costs. He is represented by attorneys Thomas H. Padgett Jr., Charles L. Scalise and Daniel B. Ross of Ross Law Group in Bellaire and Austin.

Houston Division of the Southern District of Texas case number 4:15-cv-02854.

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