Commissioned worker sues credit repair business for overtime wages

By Michelle Keahey, East Texas Bureau | Apr 1, 2013

SHERMAN - Several former commissioned employees have filed a lawsuit against their employer, a credit repair business, for failing to pay overtime wages in violation of the Fair Labor Standards Act.

Edward LaMonica, Ashley LaMonica, Lara Harrison, and others similarly situated, filed suit against RMCN Credit Services Inc., Douglas Parker, and Julie Parker on March 26 in the Eastern District of Texas, Sherman Division.

The plaintiffs are former commissioned employees of defendants, who allegedly worked in excess of 40 hours per week while employed by the defendants, but were not paid overtime.

The defendants are accused of violating the Fair Labor Standards Act.

“The failure to compensate employees for hours worked in excess of 40 in a workweek results from a policy or practice of paying employees on a commission-only basis which fails to pay for overtime,” the lawsuit states.

The lawsuit is seeking an award of actual and liquidated damages for unpaid wages and overtime, attorney’s fees, and court costs.

The plaintiffs are represented by Brian N. Hail and David F. Wishnew of Gruber Hurst Johansen Hail Shank LLP in Dallas. A jury trial is requested.

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

Case No. 4:13-cv-00173

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