SHERMAN — A director of nursing is suing her former employer, citing alleged violation of workers compensation acts.

Susan Cole filed a complaint May 31 in the Sherman Division of the Eastern District of Texas against Robert D. Wilcox MD PA, doing business as Plastic and Cosmetic Surgery Center of Texas, and Robert D. Wilcox individually alleging that they violated the Fair Labor Standards Act.

According to the complaint, the plaintiff alleges that she routinely worked over 40 hours per week but was not paid 1.5 times her regular rate of pay for all hours worked over 40 in a week. 

The plaintiff holds the defendants responsible because they allegedly misclassified the plaintiff as an independent contractor and failed to properly pay the plaintiff's overtime hours.

The plaintiff requests a trial by jury and seeks award for all unpaid back wages, liquidated damages, attorneys’ fees, costs and interest and such other necessary and appropriate relief. She is represented by Robert "Bobby" Lee, Megan Dixon and Meagan Whitley of Lee & Braziel LLP in Dallas.

Sherman Divsion of the Eastern District of Texas case number 4:17-cv-00367

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