A Texas resident filed a class action lawsuit against his former employer on allegations of labor law violation dating to 2012.

Vance Anderson filed a complaint against Hearts With Hope Foundation of Spring in the Houston Division of the Southern District of Texas on July 15, claiming liability from 2012 to the present.

According to the suit, Anderson is one of several Direct Care Personnel formerly employed by the defendant to work with children with mental or emotional disturbances at the foundation’s residential facilities. The suit states that Anderson et al. routinely worked more than 40 hours weekly but were refused overtime pay in an amount at least 1.5 times their regular hourly rate, in accordance with the Fair Labor Standards Act (FLSA) of 1938.

Anderson alleges that he and similarly situated individuals are non-exempt employees and therefore entitled to compensation. The plaintiff contends that the defendant had a policy and practice of not correctly compensating its staff for work performed in excess of 40 hours per week, engaging in FLSA infringements dating to three years prior to the filing.

The plaintiff seeks to establish collective action to ensure consistent treatment of all potential class members. Anderson requests compensation in the form of liquidated damages, injunctive action, pre- and post-judgment interest, attorney’s fees, expenses and costs. 

He is represented by Charles W. Branham III and Corinna Chandler of Dean Omar & Branham in Dallas.

Houston Division of the Southern District of Texas Case 4:15-cv-02037.

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