HOUSTON – An employee is suing his former employer alleging its failure to pay overtime wages owed.
Tristan Hernandez, on behalf of himself and others in a similar situation, filed a class-action lawsuit Feb. 3 in the Houston Division of the Southern District of Texas against CS Metals Inc. and Ciro Solache, citing violation of the Fair Labor Standards Act of 1938.
According to the complaint, Hernandez was employed at CS Metals from October 2014 to Dec. 23, 2015, as a burner who cuts metal and as operated as a subcontractor at various demolition sites. The suit states that he regularly worked more than 40 hours a week throughout his employment.
He was paid an hourly rate but only received straight time pay for the overtime hours he worked, which violates the FLSA, as CS Metals should have paid Hernandez an overtime premium, the suit states. CS Metals allegedly refused to pay this money owed to Hernandez.
Hernandez is demanding judgment against CS Metals in the amount equal to the unpaid overtime wages and an equal amount to the overtime wage damages as liquidated damages, among other claims. Josef F. Buenker and Vijay A. Pattisapu of Houston will represent the plaintiff.
Houston Division of the Southern District of Texas Case number 4:16-cv-00285