Worker brings class action against Danna Chiropractic Clinics alleging overtime pay avoidance

By Carol Ostrow | Aug 28, 2015

A clinic worker is bringing a class action complaint against a Houston consortium of chiropractic practitioners to recover unpaid wages alleging unlawful evasion of overtime payment during the last three years and in particular, beginning in 2014 for the plaintiff.

Angel Martinez filed a lawsuit in Jefferson County District Court on Aug. 20 against DWM, PLLC; Marion J. Danna, D.C.; Marion J. Danna, D.C., P.A.; Chiropractic Management Inc.; and Chiropractic Clinic of I-10 Ltd., claiming violation of the Fair Labor Standards Act by allegedly failing to keep accurate time and pay records for Martinez from February 2014 to January 2015, as well as other similarly situated nonexempt employees.

Claiming that he and others were hourly employees who regularly worked more than 40 hours in a workweek, Martinez alleges that Danna Chiropractic Clinic and its affiliates showed a reckless disregard for labor law when it purportedly neglected to compensate them at one and a half times their regular hourly rate for time in excess of 40 hours weekly.

According to the lawsuit, “Although the issue of damages may be individual in character, there is no detraction from the common nucleus of liability facts.” The putative class is defined as all hourly workers employed by the Danna Clinic during the last three years.

Averring that he has retained counsel “who are well-versed in FLSA collective action litigation and who are prepared to litigate this matter vigorously,” Martinez seeks liquidated damages, pre- and post-judgment interest, any class representative incentive awards, attorney’s fees, expenses, and costs. The plaintiff is represented by Melissa Moore and Curt Hess of Moore & Associates in Houston.

Houston Division of the Southern District of Texas Case 4:15-cv-02409

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