Robbie Hargett Oct. 29, 2015, 2:28pm


A cook is suing a hamburger restaurant, alleging unpaid overtime.

Heriberto Zaragoza filed a lawsuit Oct. 27 in the Houston Division of the Southern District of Texas against Oscar Acosta and Roberto Torres, individually and doing business a The Burger Barn II, alleging unpaid overtime in violation of the Fair Labor Standards Act.

The suit states when Zaragoza worked for the defendants as a cook and food preparer, from 2011 to Oct. 5, 2015, he regularly worked more than 13 hours per day, five days a week, and was paid $12.50 per hour. The complaint alleges Zaragoza was not paid an overtime premium for time worked more than 40 hours per week.

Zaragoza seeks to recover unpaid overtime compensation, liquidated damages and attorney fees. He is represented by attorney Josef F. Buenker of Houston.

Houston Division of the Southern District of Texas case number 4:15-cv-03150.

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