HOUSTON — A supervisor is suing a Houston oil and gas exploration company, alleging violation of workers compensation acts in failing to pay overtime wages.
Steve Hernandez filed a class action complaint, individually and on behalf of all others similarly situated, Nov. 21 in the Houston Division of the Southern District of Texas against Apache Corporation violation of the Fair Labor Standards Act.
According to the complaint, throughout Hernandez's employment with Apache from July 2013 to July 2014 as a well site supervisor, he was paid a day rate only with no overtime compensation. The plaintiff alleges Apache improperly classified him as an independent contractor and failed to properly compensate him at a rate of not less than time and one-half his regular rate for all hours worked in excess of 40 per week as required by FLSA.
Hernandez seeks trial by jury, an order designating this class a collective action, appointing the plaintiff and his counsel as class representative and class counsel and finding Apache liable for unpaid back wages, liquidated damages, attorney’ fees, court costs, interest and all other relief. He is represented by attorneys Michael A. Josephson, Andrew W. Dunlap, Lindsay R. Itkin and Jessica M. Bresler of Fibich, Leebron, Copeland, Briggs & Josephson in Houston, and by Richard J. (Rex) Burch of Bruckner Burch PLLC in Houston.
Houston Division of the Southern District of Texas Case number 4:16-cv-03454