Security officer files suit to recoup back overtime pay

HOUSTON - A security officer has filed a lawsuit claiming his employers owe him and other guards overtime pay.

Recent court documents filed Aug. 31 in the Southern District of Texas, Houston Division allege SecureOne Security & Investigations Services Inc., Texas1One Protections Services LLC and John Minchew violated the Fair Labor Standards Act when they paid Vincent Newlin's overtime hours "at the same rate he received for regular hours."

Newlin was assigned by the defendants to provide security services to several businesses in the Houston area working 40 hours a week.

According to the original petition, the respondents engaged in "paying straight time" for overtime though he "was entitled to overtime at one-and-one-half times his regular rate of pay for all hours worked in excess of 40 in a workweek."

"The defendants regularly paid Newlin with two payroll checks, which together, cover one pay period," the suit says.

"The defendants divide the hours worked per pay period between the two checks, such that neither check reflects the overtime hours actually worked."

The defendants knew or showed reckless disregard for whether their actions violated the FLSA, the suit adds.

A jury trial is requested.

Attorney David I. Moulton with Bruckner Burch PLLC in Houston is representing Newlin.

Case No. 4:12-cv-2624