HOUSTON – A Harris County woman is suing a law firm, alleging missing overtime pay as required under the Fair Labor Standards Act.

Carrie Hixon filed a lawsuit Feb. 3 in the Houston Division of the Southern District of Texas against Eberstein & Witherite LLP, Amy K. Witherite and Brian A. Eberstein.


According to the complaint, Hixon worked for Eberstein & Witherite as a paralegal from March 7, 2014, to Oct. 30, 2015, and although her stated work week was Monday through Friday, she routinely logged 55 hours week, sometimes working seven days a week. The suit says she was paid a straight salary per year, regardless of the number of hours worked.  The suit states she was allowed a lunch break but frequently was unable to take one.

During the frequent weeks when the plaintiff worked more than 40 hours, the suit alleges, the defendants did not pay her overtime as required by the FLSA. 

Hixson seeks a trial by jury, back wages at the applicable overtime rate, liquidated damages for an amount equal to the unpaid wages, interest, attorney fees, court costs and other relief the court deems just. She is represented by attorneys Thomas H. Padgett Jr. of Bellaire, and Charles L. Scalise and Daniel B. Ross of Austin, all of the Ross Law Group.

Houston Division of the Southern District of Texas Case number 16-cv-299

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Organizations in this Story

Eberstein & Wetherite
3100 Monticello Avenue
Dallas, TX - 75205

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