Employee alleges he was forced to work without overtime payment

By Michelle Massey, East Texas Bureau | Jun 21, 2010

SHERMAN- An employee of Viva Railings claims he was forced to quit because the company refused to pay him for overtime work.

Alleging violations of the Fair Labor Standards Act (FLSA), William Rotkis filed suit against Murtuza Tinwala, Huzefa Tinwala and Viva Railings on June 14 in the Eastern District of Texas, Sherman Division.

Rotkis states that he was required to work more than 40 hours each week but was never paid any overtime wages for any additional hours worked. On average, Rotkis claims he worked 50 to 55 hours per week.

He requested that his work be limited to 40 hours per week or that he should receive overtime compensation. However, Rotkis alleges he was told he could continue working without receiving overtime wages or he could leave the employment of Viva Railings.

"Plaintiff alleges that Defendants either knew or showed reckless disregard for the matter whether their conduct was prohibited by the FLSA, and that they willfully conspired to deny him the regular rate of pay he was due for all compensable hours and time and one-half time his "regular rate" he was due for all hours worked over forty," the lawsuit states.

After he verbally complained of the FLSA violations, Rotkis states that he was forced to terminate his employment and has been unable to find another job at comparable pay.

Rotkis is seeking payment of all compensatory time and time-and-one-half for all hours worked each week over 40 hours for the entire time of his employment to the date of the conclusion of the lawsuit, plus interest.

Rotkis is also seeking damages for physical pain, mental anguish, emotional distress, lost wages and benefits, plus interest, attorney's fees and court costs.

According to the company website, Viva Architectural Hardware is a family-owned business based in Flower Mound, Texas, which makes ornamental railings and door pulls.

The plaintiff is represented by Roger M. Tafel of Euless and Gregory B. Fell of The Fell Law Firm in Dallas.

Jury trial requested.

U.S. District Judge Michael H. Schneider is assigned to the case.

Case No. 4:10cv00297

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