TYLER - A Smith County woman has filed a lawsuit claiming she was not paid for over 4,000 hours of overtime while employed by a Tyler storage company.
Susan Boles filed suit against Storage Max-Tyler Ltd., doing business as Tyler Storage Max Ltd., on Nov. 20 in Smith County District Court. The defendant removed the case to the Eastern District of Texas, Tyler Division on Dec. 18.
Boles was employed by the defendant and was required to work overtime and on-call hours. The defendant is accused of misclassifying Boles as an independent contractor, allegedly to avoid paying benefits, overtime, on-call time hours and unemployment taxes.
Boles claims she was required to be on-call for 24 hours a day, seven days a week with no pay and no relief for more than a decade.
The defendant is accused of violating the Fair Labor Standards Act.
The plaintiff is seeking an award of damages for unpaid overtime compensation, liquidated damages, unpaid on-call time for each hour, compensatory damages, attorney’s fees, interest and court costs.
Boles is represented by Grant T. Gaston is Ramey & Flock PC in Tyler. A jury trial is requested.
U.S. District Judge John D. Love is assigned to the case.
Case No. 6:13-cv-00963