A man is suing his former employer over claims of unpaid overtime wages.
David Shay, individually and for all others similarly situated, filed a collective action complaint Aug. 31 in the Marshall Division of the Eastern District of Texas against Bass Fishing & Rentals LLC, alleging unpaid overtime wages in violation of the Fair Labor Standards Act.
The complaint states that Shay and others employed by Bass to work in oilfields as hourly employees regularly worked more than 40 hours per week. These employees received non-discretionary bonuses, which Bass was required to include in calculating the plaintiff's and the class members' regular rate of pay for overtime purposes.
However, the complaint states, Bass improperly excluded these bonuses from the regular rate of pay, so Shay and others in the class were not paid overtime at the proper overtime rate required by the FLSA.
Shay and others in the class seek to recover unpaid overtime wages owed, liquidated damages, and attorney fees and court costs.
Shay is represented by Michael A. Josephson, Lindsay R. Itkin, Andrew W. Dunlap, and Jessica M. Bresler of Fibich Leebron Copeland Briggs & Josephson, LLP in Houston, and by Richard J. Burch of Bruckner Burch, PLLC in Houston.
Marshall Division of the Eastern District of Texas case number 2:15-cv-01472-JRG