Hourly worker initiates class action lawsuit against AllTech

By Carol Ostrow | Jul 30, 2015

A Texas worker is bringing a class action lawsuit against a limited partnership corporation for alleged violation of the Fair Labor Standards Act and Texas labor law in an effort to collect unpaid overtime wages and other damages.

Leslie McColgin filed a lawsuit individually and on behalf of a putative class against AllTech Systems Inc. in the Galveston Division of the Southern District of Texas on July 24, claiming unlawful employment practices by the defendant in 2015.

According to the suit, McColgin et al. worked for the defendant, a professional staffing firm, regularly logging many hours in excess of 40 per week.

The complaint states that the plaintiff was provided with a written contract stipulating how he would be paid; and that the terms were clearly hourly rather than salary-based. As such, the suit states, he and other workers were never paid any overtime for hours regularly worked in excess of 40 in one workweek despite the hours being documented on time sheets.

Documents indicate that the plaintiff seeks to collect the difference between actual pay and overtime pay allegedly owed; and that AllTech was aware of the discrepancy.

The plaintiff seeks all unpaid overtime compensation, liquidated damages, pre- and post-judgment interest, attorney’s fees, expenses, and costs. The plaintiff is represented by Richard “Rex” Burch of Bruckner Burch in Houston.

Galveston Division of the Southern District of Texas case number 3:15-cv-00193.

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