Industrial cleaning technician sues for minimum and overtime wages

By Michelle Keahey, East Texas Bureau | Jul 29, 2013

An industrial cleaning technician is suing his former employer claiming he was not paid minimum wage and was not paid for time spent performing work before and after leaving a jobsite. 

Claiming violations of the Fair Labor Standards Act, Larry James Jackson, individually and on behalf of all others similarly situated, filed suit against Evergreen Environmental Services, doing business as Evergreen Industrial Cleaning Services and as Evergreen Industrial Services, on July 22 in the Eastern District of Texas, Beaumont Division.

Evergreen is an industrial cleaning services company that does business in Louisiana.  Jackson was employed as an operator and/or technician from February 2011 until April 2012. He was paid on an hourly basis.

Jackson states was required to engage in a variety of activities for which he was not paid. These activities include gathering personal protective equipment, pre-trip vehicle inspections, loading equipment, waiting for co-workers, attending meetings, cleaning and completing paperwork.

Jackson argues that the defendant failed to pay him for the work he performed prior to arriving at the jobsite or after departing the jobsite, even though the work was compensable.

Evergreen allegedly violated the Fair Labor Standards Act by employing Jackson and other similarly situated nonexempt employees but refusing to pay them for all hours worked at minimum wage, failing to pay overtime wages.  The defendant is also accused of violating the FLSA by failing to maintain accurate time and pay records.

The lawsuit will represent all technicians and operators employed by Evergreen.

The plaintiff is seeking an award of damages for unpaid regular and overtime compensation, liquidated damages, attorney’s fees, court costs and interest.

Jackson is represented by Melissa Moore and Curt Hesse of Moore & Associates in Houston.  A jury trial is requested.

U.S. District Judge Marcia A. Crone is assigned to the case.

Case No. 1:13-cv-00469

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