MARSHALL - Claiming their employer failed to pay for their travel time to and from work sites, Shawn Cooke and Johnny Potts filed a lawsuit against Everlast Mechanical Services Inc. and Jerry Moore on July 22 in the Eastern District of Texas, Marshall Division.
According to the lawsuit, the employees, who are perform oilfield services job duties and are paid on an hourly basis, are required to meet at the company headquarters each day prior to driving to the work site. The defendants are accused of violating the Fair Labor Standards Act by not compensated the employees for the time they spend traveling to various work sites and back to the office.
Cooke and Potts state that they complained to the defendants regarding the lack of proper compensation on numerous occasions, but the company continued its practice of failing to pay for travel time.
The lawsuit was filed by the plaintiffs individually and on behalf of other employees similarly situated.
The plaintiffs are seeking damages for unpaid wages and overtime compensation, liquidated damages, attorney's fees, costs, expenses and interest.
Cooke and Potts are represented by J. Derek Braziel and Meredith Mathews of Lee & Braziel in Dallas and Darren K. Coleman of Boon, Shaver, Echols & Coleman in Longview.
A jury trial is requested.
U.S. District Judge David Folsom is assigned to the case.
Case No. 2:11-cv-00338