HOUSTON — A Harris County woman is suing Houston dining facility operators, alleging violation of minimum wage laws in refusing to pay overtime.

Mary Ann Branham filed a lawsuit Oct. 20 in the Houston Division of the Southern District of Texas against Cecil Schmidt, Janet Hartman Schmidt, and Schmidt Triple A Restaurant LLC in Houston, alleging violation of the Fair Labor Standards Act.

According to the complaint, in 13 weeks of Branham's employment as a waitress with the defendants, she worked more than 40 hours per week but was not paid any overtime premium. The suit says in 67 weeks, she received some overtime pay but less than the time-and-one-half premium required by FLSA. 

The plaintiff alleges the defendants failed to pay her the minimum wage and overtime for her hours worked, fabricated tip records, claimed more tip credit than permissible and failed to keep adequate and accurate time and pay records.

Branham seeks trial by jury, unpaid wages, liquidated damages, attorney fees, court costs and all other relief. She is represented by attorney Alex Mabry of The Mabry Law Firm PLLC in Houston.

Houston Division of the Southern District of Texas Case number 4:16-cv-03107

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Houston Division of the Southern District of Texas
515 Rusk Street
Houston, TX - 77002

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