SHERMAN — Six landscape laborers are suing joint employers, alleging violation of workers compensation acts in failing to pay proper overtime.
Sergio Rodriguez, Ruben Colin, Oscar Esparza, Jose Angel Ramirez, Ruben Rodriguez and Francisco Diaz filed a lawsuit Sept. 26 in the Sherman Division of the Eastern District of Texas against
FMWB, Inc., La La Enterprises LLC, NS and Sons LLC, Norberto Flores and Shawn Sloan,
alleging violation of the Fair Labor Standards Act.
According to the complaint, the plaintiffs regularly worked more than 40 hours per week but they did not receive minimum wage and the statutory rate of one and one-half times their regular rates of pay for all overtime hours worked as required by FLSA. The plaintiffs allege the defendants employed them through the H-2B temporary foreign worker program and paid the plaintiffs less than the required minimum wages and less than the overtime pay for their work performed.
The plaintiffs seek a trial by jury, all unpaid minimum wages and overtime compensation, liquidated damages, attorney fees, court costs and expenses, post-judgment interest and all other relief to which they may be entitled. They are represented by attorneys Michael O’Keefe Cowles and Gonzalo Serrano of the Equal Justice Center in Dallas and by Christopher J. Willett of the Equal Justice Center in Austin.
Sherman Division of the Eastern District of Texas Case number 4:16-cv-00745