Three Texas men are suing their current employers, two construction companies, alleging unpaid overtime wages.

Robert White, Jr., William Stuckey and Demetrice Jones, individually and for all others similarly situated, filed a collective action lawsuit Oct. 7 in the Houston Division of the Southern District of Texas against Odebrecht Construction and Zachry Construction Corporation, alleging unpaid overtime wages and failure to maintain accurate records in violation of the Fair Labor Standards Act.

According to the complaint, the plaintiffs work for the two defendant companies as foremen and regularly work 12-16 hours per day, six days per week, for which they were paid a fixed salary for the first 40 hours worked per week.

The suit says to "incentivize" employees to work more than 50 hours per week, they would receive no pay for hours worked between 40 and 50 hours per week, then were paid straight time for time worked more than 50 hours per week.

After terminating this "incentive program," the plaintiffs and other employees were required to only record eight hours of work per day, despite working more than 12 hours per day, the suit states. The complaint also alleges the defendants manipulated payroll records to make it appear employees were properly paid.

White, Stuckey, Jones and others in the class seek to recover unpaid overtime wages, lost wages, liquidated damages and attorney fees. They are represented by attorneys Terrance B. Robinson and Keenya R. Harrold of Kennard Blankenship Robinson in Houston.

Houston Division of the Southern District of Texas case number 4:15-cv-02947.

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