SHERMAN — A Texas man is suing his former employers, alleging failure to pay overtime.

Daniel Harvey filed a class action lawsuit, individually and on behalf of all others similarly situated Aug. 2 in the Sherman Division of the Eastern District of Texas against Truxx Outfitters LLC and Steven Magers, alleging that they violated the Fair Labor Standards Act.

According to the complaint, Harvey regularly worked more than 55 hours a week, but was not paid time-and-one-half his regular rate of pay for all extra hours worked of more than 40 per week, in violation of FLSA. 

The plaintiff alleges the defendants misclassified him as an independent contractor and paid him the regular hourly rate of pay for overtime hours.

Harvey seeks a trial by jury, all unpaid back wages due, liquidated damages, legal costs, attorney fees, pre- and post-judgment interest and all relief deemed necessary and appropriate. He is represented by attorneys J. Derek Braziel and Jay Forester of Lee & Braziel LLP in Dallas.

Sherman Division of the Eastern District of Texas Case number 4:16-cv-00573

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