MARSHALL - An East Texas recreational vehicle dealership is being sued for not paying its service department employees for overtime work.
Claiming violations of the Fair Labor Standards Act, Wesley Pittman and Shaun Pittman, individually and on behalf of all others similarly situated, filed suit against McClain's R.V. Inc., McClain's R.V. Superstore North Dallas Inc., McClain's Longhorn RV Inc., Larry McClain and Nathan McClain on Jan. 25 in the Eastern District of Texas, Tyler Division.
The lawsuit will represent current and former piece-work/flag-rate employees who worked in the service department for the defendants since January 2009.
The employees state that they were not paid for all hours worked at their regular rate of pay and for all hours worked in excess of 40 in a work week at one and one-half times their regular rate.
According to the complaint, the defendant would estimate the number of hours they believed it should take the piece work employees to complete a particular job and then would only pay the employees for that amount of time or less.
The plaintiffs claim the amount of time paid was arbitrary and had no relationship to the amount charged to the customer.
The defendants are also accused of deducting time from one or more of the employees' time tickets and keeping the wages belonging to them.
Shaun Pittman claims that after he complained about the illegal wage practices, the defendants retaliated against him by forcing him to quit by taking jobs away.
The plaintiffs are asking the court for an award of damages for unpaid wages and unpaid overtime compensation, liquidated damages, attorney's fees, court costs and expenses.
Pittman is represented by Brian T. Cartwright of Alagood & Cartwright in Denton.
A jury trial is requested.
U.S. District Judge Michael H. Schneider is assigned to the case.
Case No. 6:12-cv-00037