HOUSTON — A Harris County bartender is suing restaurant and bar operators, alleging violation of workers compensation acts in failing to pay overtime.

Gilberto D. Calvillo filed a complaint Feb. 8 in the Houston Division of the Southern District of Texas against El Patio Restaurant & Club LLC, doing business as El Patio Mexican Restaurant, and D. Scott Sullivan, alleging violation of the Fair Labor Standards Act.

According to the complaint, Calvillo regularly worked more than 40 hours per week but was not paid proper overtime compensation. Instead, the suit says, he was paid the same amount each week regardless of the number of hours he worked. 

The plaintiff alleges the defendants failed to pay overtime wages for all hours worked over 40 per workweek as required by FLSA.

Calvillo seeks trial by jury, judgment, jointly and severally, for unpaid overtime compensation, liquidated damages, pre- and post-judgment interest and all other proper relief. He is represented by attorneys Mark Siurek and Patricia Haylon of Warren & Siurek LLP in Houston.

Houston Division of the Southern District of Texas Case number 4:17-cv-00391

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Houston Division of the Southern District of Texas

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