HOUSTON — A delivery driver has filed a class action lawsuit against a tortilla manufacturer, alleging violation of workers compensation acts in owing unpaid wages.

Edgar Hernandez, individually and on behalf of all others similarly situated, filed a complaint March 7 in the Houston Division of the Southern District of Texas against La Ranchera Inc., alleging failure to comply with the Fair Labor Standards Act provisions.

According to the complaint, during Hernandez's employment with La Ranchera, he was not paid for time spent picking up products from the defendant’s warehouse and completing required paperwork. The suit says he was paid a fixed rate. 

The plaintiff alleges La Ranchera mis-classified him as an independent contractor and required him to work more than 50-60 hours per week without paying the correct overtime rate as required by FLSA.

Hernandez seeks trial by jury, unpaid wages, liquidated damages, court costs and attorney fees and all other proper and just relief. He is represented by attorneys Gregg M. Rosenberg and Tracey D. Lewis of Rosenberg & Sprovach in Houston.

Houston Division of the Southern District of Texas Case number 4:17-cv-00730

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Houston Division of the Southern District of Texas
515 Rusk Street
Houston, TX 77002

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