SHERMAN - An employee asking for approximately $40,000 in unpaid overtime wages has filed a lawsuit against a Lewisville company.

Gary Medeiros filed suit against Viva Railings, Murtuza Tinwala and Huzefa Tinwala on Oct. 17 in the Eastern District of Texas, Sherman Division.

Medeiros worked for the defendants from Nov. 1, 2008, to June 30, 2010, as a nonexempt employee. During his employment, he claims he was not paid any overtime wages for hours worked in excess of 40 hours per week. Medeiros states he worked an average of 60 to 70 hours per week, according to the lawsuit.

The defendant is accused of violating the Fair Labor Standards Act.

According to the suit, the defendants have admitted that they owe Medeiros overtime pay and have made a partial payment of $16,575 of the amount due but they still owe approximately $40,000 in unpaid overtime wages.

The plaintiff is seeking an award of damages for compensatory time, physical pain, mental anguish and emotional distress, punitive damages, attorney's fees, court costs and interest.

Medeiros is represented by Roger M. Tafel of the Law Office of Roger M. Tafel in Euless and Gregory B. Fell of Fell & Wood in Richardson.

A jury trial is requested.

U.S. District Judge Richard A. Schell is assigned to the case.

Case No. 4:11-cv-00668

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