MARSHALL - A Tyler woman has filed a lawsuit against her employer claiming the company intentionally failed to pay her overtime wages.
Barbara Dike filed suit against Herschbach Petroleum Co. Ltd. and Frederick J. Herschbach on Aug. 29 in the Eastern District of Texas, Marshall Division.
Dike was employed by the defendant as a receptionist and a bookkeeper. She states that the work she did for the defendant was not exempt as defined under the Fair Labor Standards Act.
The defendant is accused of violating the FLSA by not paying overtime wages at one and one-half times Dike’s regular hourly rate for all hours worked in excess of 40 hours in a work week. Dike alleges that the failure to pay overtime wages was intentional.
The defendant is also accused of failing to make the required Federal Insurance Contributions Act and Medicare tax deductions from Dike’s pay in violation of the applicable Internal Revenue Service regulations.
The plaintiff is seeking an award of damages for unpaid wages, liquidated damages, court costs and attorney’s fees.
Dike is represented by William S. Hommel Jr. of Hommel Law Firm in Tyler. A jury trial is requested.
U.S. District Judge Rodney Gilstrap is assigned to the case.
Case No. 2:13-cv-00682