A Cypress resident is suing her employer for allegedly failing to compensate her when she worked overtime.
Victoria Chen filed a lawsuit July 15 in the U.S. District Court for the Southern District of Texas-Houston Division against First Investors Financial Services Inc., citing violation of employment law.
According to the complaint, Chen started working for the defendant as a human resources administrator in January 2006. While her duties and responsibilities remained the same, her job title was changed to human resource generalist in November 2011 with her retaining that title under the end of May 2015.
The suit states that Chen was incorrectly classified as an exempt employee until defendant changed the classification to non-exempt in February 2015. Chen alleges that until her classification was changed she was never paid overtime compensation when she worked more than 40 hours in a given work week. Moreover, when she was classified as exempt she wasn't allowed to keep a record of her work hours (by logging in and out or punching in and out) thus she was working off the clock.
The defendant's action of failing to pay overtime compensation also resulted in Chen contributing a lesser amount to her 401(k) retirement account and corresponding shortfall in the employer matching the contribution.
Chen claims the defendant willfully violated the Fair Labor Standard Act by failing to pay her for working in excess of 40 hours at a rate of at least 1.5 times her regular pay rate.
Chen seeks unpaid overtime compensation, liquidated damages, exemplary damages, attorney fees, court costs and other relief deemed appropriate by the court. She is being represented by attorneys Robert J. Filteau and John A. Sullivan III of the Law Offices of Filteau & Sullivan in Houston.
U.S. District Court for the Southern District of Texas-Houston Division case number 4:15-cv-02025.