SHERMAN — A Dallas County man is suing a Plano couple and their business, alleging failure to pay proper overtime.

James Moody filed a class action lawsuit, individually and on behalf of all others similarly situated, July 13 in the Sherman Division of the Eastern District of Texas against All About Luv-N-Care Inc., Donna G. Miller and Jerry T. Miller, alleging violation of the Fair Labor Standards Act.

According to the complaint, Moody worked for the defendants for more than 40 hours per week, but did not receive any overtime pay, including his time as a house supervisor, November 2015 to April 2016. On April 5, 2016, the suit says, Moody complained of nonpayment of overtime and was immediately discharged. 

The plaintiff alleges the defendants paid him approximately $455 per week for all hours worked and refused to pay overtime compensation at a rate of time and one-half of his regular rate for all hours worked more than 40 hours per week, according to FLSA regulations.

Moody seeks trial by jury, unpaid overtime wages, liquidated damages, attorney fees and legal costs, and such other relief as is deemed appropriate. He is represented by attorneys Jennifer J. Spencer, Mary L. Scott and James E. Hunnicutt of Spencer Scott PLLC in Dallas.

Sherman Division of the Eastern District of Texas Sherman Division Case number 4:16-cv-00519

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