A Houston oil and gas company is being sued for paying an employee a salary instead of an hourly wage.

Claiming violations of the Fair Labor Standards Act, Harvey L. Johnson filed suit against Benchmark Oil & Gas Co. on April 4 in the Eastern District of Texas, Beaumont Division.

Johnson was hired by Benchmark Oil & Gas Co. in 2008 as a pumper and was terminated in February. He states that during his employment he was required to work overtime without being paid for the extra hours. According to the lawsuit, he was required to work a minimum of 50 hours per week for a set salary.

He claims his job position was not qualified for exemption from overtime compensation payment requirements under the Fair Labor Standards Act.

The plaintiff is seeking more than $33,477 in damages for overtime compensation, liquidated damages, attorney fees, court costs and interest.

Johnson is represented by Kenneth W. Lewis of Bush Lewis in Beaumont.

U.S. District Judge Marcia A. Crone is assigned to the case.

Case No. 1:11-cv-00158

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