SHERMAN — A Virginia man has filed a class action lawsuit against his employers, alleging violation of workers compensation acts in failing to pay overtime.
Robert Van Laningham of Gloucester, Virginia, filed a complaint, individually and on behalf of all others similarly situated, Jan. 24 in the Sherman Division of the Eastern District of Texas against Nexius Solutions Inc., doing business as Nexius Inc., and Mark Baysinger, alleging violation of the Fair Labor Standards Act.
According to the complaint, Van Laningham worked as a construction manager more than 40 hours in a week without receiving the required minimum wage and overtime compensation for all hours worked beyond 40 per week.
The plaintiff alleges the defendants misclassified him as exempt from the overtime provisions of the FLSA and failed to pay him overtime wages at the rate of one-half times his regular rate for each hour worked in excess of 40 per week.
Van Laningham seeks trial by jury, overtime compensation and minimum wages, liquidated damages, attorney fees, litigation expenses, pre- and post-judgment interested and all other relief. He is represented by attorney Charles M. R. Vethan of The Vethan Law Firm PC in San Antonio.
Sherman Division of the Eastern District of Texas Case number 4:17-cv-00055