HOUSTON — A Texas man is suing a staffing business, alleging violation of workers compensation acts in failing to pay overtime.
Daryl Herod filed a class action complaint, individually and on behalf of all others similarly situated, Aug. 10 in the Houston Division of the Southern District of Texas against Swift Technical Services, LLC and Swift Worldwide Resources, alleging violation of the Fair Labor Standards Act.
According to the complaint, the plaintiff alleges that he regularly worked as a rig clerk in excess of 84 hours a week between 2012 and 2016 without receiving any premium overtime compensation. The plaintiff alleges the defendants paid him a day rate only for all hours worked, including those in excess of 40 hours a week.
Herod seeks trial by jury, unpaid back wages due, plus liquidated damages, attorney fees, pre- and post-judgment interest and all other relief as is necessary. He is represented by attorneys Michael A. Josephson, Andrew W. Dunlap, Lindsay R. Itkin and Jessica M. Bresler of Fibich, Leebron, Copeland, Briggs & Josephson in Houston and by Richard J. (Rex) Burch of Bruckner Burch PLLC in Houston.
Houston Division of the Southern District of Texas Case number 4:16-cv-02447