GALVESTON — A Hitchcock man is suing a local residential care provider, alleging violation of applicable minimum wage laws.

Eugene McCardell filed a lawsuit Nov. 9, in the Galveston Division of the Southern District of Texas against Hortenze Arnez Jenkins, doing business as Tinkerbell's Gentle Hearts in Hitchcock, alleging violation of the Fair Labor Standards Act.

According to the complaint, during most weeks of work, McCardell was on duty for three consecutive weeks on a 24-hour shift without being properly compensated. 

The plaintiff alleges Tinkerbell's Gentle Hearts routinely deducted 12 hours of pay per day from his total hours worked, failed to compensation him for all hours worked in excess of 40 per week at a rate not less than one and one-half times his regular rate of pay as required by FLSA and failed to provide an adequate sleeping facility.

McCardell seeks trial by jury, unpaid back wages, unpaid overtime compensation and all other damages, pre- and post-judgment interest, attorney fees, court costs and all other relief to which he is justly entitled. He is represented by attorneys Robert J. Filteau and John A. Sullivan of The Law Offices of Filteau & Sullivan Ltd. LLP in Houston.

Galveston Division of the Southern District of Texas Case number 3:16-cv-00316

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