HOUSTON — A welder has filed a class action lawsuit against joint employers, alleging violation of workers compensation acts in failing to pay overtime.
Juan De Dios Hernandez, individually and on behalf of all others similarly situated, filed a complaint March 31, in the Houston Division of the Southern District of Texas against Applied Machinery Corporation, Nabors Corporate Services Inc., and Nabors Industries Inc., alleging violation of the Fair Labor Standards Act.
According to the complaint, Hernandez regularly worked more than 40 hours in a week as a welder between February 2014 and August 2015 without receiving proper overtime compensation for those hours worked in excess of 40 per week. Instead, he was paid straight time, the suit says.
The plaintiff alleges the defendants failed and refused to compensate Hernandez at rate of time and one-half his regular rate for all hours worked more than 40 per week as required by FLSA.
Hernandez seeks trial by jury, an order allowing this case to proceed as a collective action, all unpaid overtime compensation, liquidated damages, attorney fees and court costs and all other relief. He is represented by attrorney Taft L. Foley II of The Foley Law Firm in Houston.
Houston Division of the Southern District of Texas Case number 4:17-cv-00989