A Texas man is suing his former employer, E & L Transfer, over claims of unpaid overtime wages.
Mathew Walker, individually and for all others similarly situated, filed a civil action complaint Aug. 21 in the Houston Division of the Southern District of Texas against E & L Transfer LLC, and Edward J. Tweed, alleging unpaid overtime wages in violation of the Fair Labor Standards Act.
The complaint states that during Walker's employment as a delivery driver with the defendant from May 2012 to Aug. 19, he was paid a day-rate basis of $150.
After the defendants were sued over similar allegations, they changed payroll to reflect Walker working the exact same number of hours per week and paid him accordingly, even though he regularly worked more than 60 hours per week, the complaint alleges.
Walker and other similarly situated employees were not paid time-and-a-half for hours worked beyond 40 hours per week, in violation of the FLSA, according to the complaint.
Walker and others in the class seek to recover unpaid overtime compensation, liquidated damages, and attorney fees and court costs.
He is represented by Josef F. Buenker of Houston.
Houston Division of the Southern District of Texas case number 4:15-cv-02428