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SOUTHEAST TEXAS RECORD

Thursday, April 25, 2024

Surgical assistant alleges former employers failed to pay overtime

Law money 06

HOUSTON — A Fort Bend County man is suing surgery businesses, alleging unpaid overtime wages.

Edwin Sola filed a lawsuit Nov. 4 in the Houston Division of the Southern District of Texas against Umbrella Surgical Support LC, Estuardo A. Mota, and Valta Industries Inc., doing business as Professional Surgical Services, alleging violation of the the Fair Labor Standards Act.

According to the complaint, between May 2011 and Sept. 9, 2016, Sola routinely worked as a surgical assistant for more than 45 hours per week and was regularly required to be on-call without receiving proper compensation. 

The plaintiff alleges the defendants failed to honor their agreement to pay him a per diem of $35 for being on call during weekdays and $180 for being on call during one weekend per month and failed to provide proper overtime compensation for working more than 40 hours in a week.

Sola seeks trial by jury, unpaid wages, an additional equal amount as liquidated damages, attorney fees and court costs, pre- and post-judgment interest, and all further relief. He is represented by attorneys Lionel Martin and Melissa Garcia-Martin of Garcia-Martin & Martin PC in Sugar Land.

Houston Division of the Southern District of Texas Case number 4:16-cv-03258

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