Robbie Hargett Nov. 28, 2015, 3:06pm


A New Mexico mechanic is suing a rail infrastructure contractor, alleging unpaid overtime.

David Slinkey, individually and for all others similarly situated, filed a complaint July 31 in the Houston Division of the Southern District of Texas against Balfour Beatty Infrastructure, alleging unpaid overtime in violation of the Fair Labor Standards Act.

In October 2005, the complaint states, the defendant hired Slinkey to work as a mechanic in its Rail Services Division. From 2010 through the end of his employment with the company in July 2014, Slinkey's title was superintendent, and he received a salary between $60,000 and $70,000 per year.

The lawsuit alleges Slinkey worked 65-80 hours per week, but he did not receive an overtime premium for the time he worked more than 40 hours per week. The plaintiff was told not to write down his overtime and, instead, only record 40 hours per week, the suit says.

Slinkey and others in the class seek to recover damages in unpaid overtime wages, liquidated damages, interests, attorney fees and court costs. Slinkey is represented by attorney Mark J. Oberti of Oberti Sullivan in Houston.

Houston Division of the Southern District of Texas case number 4:15-cv-02201.

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