HOUSTON — Two employees are suing a Houston auto repair business, alleging breach of contract and violation of workers compensation acts.
Patricio Chiriboga of Houston and Jerry Harvell of Katy, Texas, filed a class action complaint, individually and on behalf of all others similarly situated, in the Houston Division of the Southern District of Texas against GSSD Investments LLC, doing business as Driver's Auto Repair, and Scott Allan Darnell, alleging that they violated the Fair Labor Standards Act and the Family Medical Leave Act.
According to the complaint, Chiriboga and Harvell worked more than 40 hours per week without receiving proper compensation. The suit says Chiriboga repeatedly requested to take time off work due to a workplace injury that needed medical attention but was not granted use of his vacation days.
The lawsuit states Chiriboga was later fired and not given compensation for his vacation days. The plaintiffs allege the defendants employed them for work weeks longer than 40 hours without properly compensating them at rates not less than one and one-half times their regular rates as required by FLSA, shaved time off their time sheets, failed to pay straight-time wages for each hour worked and terminated Chiriboga during his FMLA leave.
Chiriboga and Harvell seek trial by jury, unpaid regular and overtime wages, additional equal amounts as liquidated damages, non-pecuniary and punitive damages, pre-and post-judgment interest, attorney fees and costs of court. They are represented by attorney Hessam Parzivand of The Parzivand Law Firm PLLC in Stafford.
Houston Division of the Southern District of Texas Case number 4:16-cv-01798