MARSHALL - Two repairmen for a Texas municipality have filed a potential class action claiming they were not paid overtime wages but were instead given "comp time" in violation of federal regulations.
Claiming violations of the Fair Labor Standards Act, Kevin Hopkins and Gordon Weisbach, individually and on behalf of all those similarly situated, filed suit against Kirkpatrick Hardware Inc. on Feb. 14 in the Eastern District of Texas, Marshall Division.
Hopkins and Weisbach were employed by Kirkpatrick Hardware as service/repairmen, working for the company for a number of years. The repairmen state that they were not paid overtime wages at one and one-half times their regular hourly rate for all hours worked in excess of 40 hours in a work week.
The defendant is accused of using a "compensation time" scheme instead of paying its hourly employees overtime wages.
Hopkins complained about the non-payment of overtime and was terminated in retaliation for it, the lawsuit states.
The former employees are asking for an award damages for unpaid wages, liquidated damages, court costs and attorney's fees.
The plaintiffs are represented by Tyler attorney William S. Hommel Jr.
A jury trial is requested.
U.S. District Judge Rodney Gilstrap is assigned to the case.
Case No. 2:12-cv-00075