HOUSTON — A Harris County man has filed a class action lawsuit against a roofing business, alleging violation of workers compensation acts in not paying proper overtime.
Jose Garza, on behalf of himself and on behalf of all others similarly situated, filed a complaint Feb. 10 in the Houston Division of the Southern District of Texas against
Elite Roof Solutions Inc. and Evan M. Ellison,
alleging violation of the Fair Labor Standards Act.
According to the complaint, between July 2015 and November 2016, Garza worked for the defendant as a quality inspector more than 40 hours in a week. He was paid on a day rate basis, the suit says, without overtime compensation.
The plaintiff alleges the defendants mis-classified Garza as exempt from overtime and refused to compensate him at one and one-half times his regular rate of pay for all hours worked more than 40 per week as required by FLSA.
Garza seeks trial by jury, an order designating this as a collective action, unpaid overtime compensation and liquidated damages, attorney fees, court costs and all equitable relief. He is represented by attorneys Beatriz Sosa-Morris and John Neuman of Sosa-Morris Neuman Attorneys at Law in Houston.
Houston Division of the Southern District of Texas Case number 4:17-cv-00446