SE Texas Record

Wednesday, October 23, 2019

Technician alleges heating/AC business failed to pay overtime

By Philip Gonzales | Dec 1, 2016


HOUSTON — A Harris County man is suing a Houston heating/air conditioning business, alleging violation of workers compensation acts in failing to pay overtime.

Jose Almaguer, individually and on behalf of all others similarly situated, filed a class action complaint Nov. 8 in the Houston Division of the Southern District of Texas against Cooper Mechanical Services LLC and Gary Cooper, alleging violation of the Fair Labor Standards Act.

According to the complaint, Almaguer regularly worked as a technician for more than 40 hours per week without receiving proper overtime compensation. 

The plaintiff alleges the defendants failed to pay overtime at a rate not less than one and one-half times his regular rate as required by FLSA and failed to pay him for other compensable time (i.e., safety meetings and standby time) and failed to maintain accurate time and pay records.

Almageur seek trial by jury, all unpaid overtime wages, liquidated damages, attorney fees and court costs, pre- and post-judgment interest, and all other equitable relief. He is represented by attorneys Melissa Moore and Curt Hesse of Moore & Associates in Houston.

Houston Division of the Southern District of Texas Case number 4:16-cv-03295

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Houston Division of the Southern District of Texas

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