MARSHALL — A Lufkin man is suing an Ohio-based sanitation service, alleging violation of workers compensation acts in not paying overtime wages.

Huey Kelly, individually and on behalf of all others similarly situated, filed a class action complaint Nov. 16 in Marshall Circuit Court against Packers Sanitation Services Inc., Ltd. of Macedonia, Ohio, alleging violation of the Fair Labor Standards Act.

According to the complaint, Kelly, starting in 2012, worked between 60 and 70 hours per week on the sanitation shift at the Pilgrim's Pride chicken processing facility in Lufkin. The suit says Kelly was not paid overtime wages and was not compensated for time spent putting on and taking off protective clothing. 

The plaintiff alleges Packers Sanitation Services failed to pay overtime wages at one and one-half times his regular hourly rate for all hours worked in excess of 40 per week as required by FLSA.

Kelly seeks trial by jury, compensation for unpaid wages, liquidated damages, attorney fees, litigation expenses and all available equitable relief. He is represented by attorney William S. Hommel, Jr. of Hommel Law Firm in Tyler.

Marshall Circuit Court Case number 2:16-cv-01277

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Marshall Division of the Eastern District of Texas

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