Robbie Hargett Oct. 29, 2015, 3:09pm


A worker is suing a national retailer, alleging unpaid overtime.

Carlos Montanez, individually and for all others similarly situated, filed a collective action lawsuit Oct. 28 in the Galveston Division of the Southern District of Texas against Belk Inc., alleging unpaid overtime wages in violation of the Fair Labor Standards Act.

The suit states that when Montanez worked as a salaried loss prevention manager, he regularly worked more than 40 hours per week but was not paid an overtime premium for time worked past 40 hours per week.

The suit says Belk classifies employees such as Montanez as exempt when they should be classified as non-exempt employees who are entitled to overtime compensation.

Montanez and others in the class seek to recover unpaid overtime wages, liquidated damages, unpaid benefits, interests, attorney fees and costs of the suit. He is represented by attorneys Michael A. Josephson, Lindsay R. Itkin, Andrew W. Dunlap and Jessica M. Bresler of Fibich, Leebron, Copeland, Briggs & Josephson in Houston.

Galveston Division of the Southern District of Texas case number 3:15-cv-00306.

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