HOUSTON — A Fort Bend County truck driver is suing a towing business, alleging unpaid overtime wages.
Phillip Delasbour filed complaint Jan. 27 in the Houston Division of the Southern District of Texas against RBEX, Inc., doing business as Apple Towing Co., and Michael Scully, alleging violation of the Fair Labor Standard Act.
According to the complaint, between January 2014 and April 2016, Delasbour was employed as a wrecker truck driver by Apple Towing and was required to work different shift hours, usually six days per workweek. He was paid on a commission basis but was never paid any overtime premium for his work of more than 40 hours per week.
The plaintiff alleges the defendants willfully denied his right to overtime compensation and did not maintain accurate time records.
Delasbour seeks trial by jury, unpaid back wages at the applicable overtime rate, pre and post-judgment interest, all court costs and all equitable relief. He is represented by attorneys Thomas H. Padgett, Jr., Charles L. Scalise and Daniel B. Ross of Ross Law Group in Bellaire and Austin.
Houston Division of the Southern District of Texas Case number 4:17-cv-00257