HOUSTON — A Houston woman has filed a class action lawsuit against her former employer, alleging violation of workers compensation acts in failing to pay overtime.

Kristy Reyes, individually and on behalf of all others similarly situated, filed a complaint Feb. 16 in the Houston Division of the Southern District of Texas against Optimum Personal Care Inc., alleging willful violation of the Fair Labor Standards Act.

According to the complaint, between June 19 2015, and Jan. 18, 2016, Reyes regularly worked 84 hours per week as a caregiver without receiving proper overtime compensation. Her overtime pay only began after she had worked 56 hours, the suit says, and she was denied 16 hours of overtime pay. 

The plaintiff alleges the defendant failed to pay the statutory overtime rate of time and a half her hourly rate for all hours worked more than 40 per week as required by FLSA, failed to keep accurate time records and unlawfully terminated her in retaliation for her intent to file this lawsuit.

Reyes seeks trial by jury, compensatory and liquidated damages, attorney fees, costs of court, post-judgment interest and such other equitable relief. She is represented by attorney Taft L. Foley II of The Foley Law Firm in Houston.

Houston Division of the Southern District of Texas Case number 4:17-cv-00513

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Houston Division of the Southern District of Texas

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