HOUSTON — A welder has filed a class action lawsuit against a drilling company and payroll business, alleging violation of workers compensation acts in failing to pay overtime.
Jose Calderon, individually and on behalf of all others similarly situated, filed a complaint March 6 in the Houston Division of the Southern District of Texas against Nabors Drilling Technology USA Inc. and Express Payroll Inc.,alleging that they violated the Fair Labor Standards Act.
According to the complaint, Calderon regularly worked more than 40 hours per week but was not pay overtime premium at the time and half rate required by the FLSA. Instead, the suit says, he was paid straight time for all overtime hours worked.
The plaintiff alleges the defendants failed and refused to pay him time and a half his regular rate for the hours worked past 40 each week.
Calderon seeks trial by jury, an order allowing this case to proceed as a collective action, all unpaid overtime premiums, liquidated damages, attorney fees and court costs and all other relief. He 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-00710