A Houston based roofing and construction company and two of its employees are being sued by two Houston men for failure to pay overtime wages.

Juan Mendoza Caballero and Arturo Rubio filed a lawsuit against Arnulfo Rodriguez Roofing, Arnulfo Rodriguez Construction, Arnulfo Rodriguez and Maria Acevedo on Aug. 3 in the Houston Division of the Southern District of Texas for violating the Fair Labor Standards Act (FLSA).

Caballero was a non-exempt employee from 1995 until June. Rubio was an employee from 2009 from November 2014. Both men claim they frequently worked more than 40 hours in a workweek and should have been paid premium overtime under FLSA laws. 

They were never paid overtime, just a set weekly rate of pay, the suit alleges.

Rodriguez is named in the lawsuit as the person who controlled employee compensation. Acevedo is named in the lawsuit as the person who scheduled the jobs and had the ability to determine employee compensation.

Cabalerro and Rubio are seeking payment of unpaid overtime compensation, damages and attorney’s fees. 

They are being represented by Houston attorney Josef F. Buenker.

Case 4:15-cv-2229

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