HOUSTON — A Harris County man has filed a class action lawsuit against a roofing business, alleging violation of workers compensation acts in failing to pay proper overtime.

Richard Molina, individually and on behalf of all others similarly situated, filed a complaint April 6 in the Houston Division of the Southern District of Texas against Florida Roofing Solutions, Inc., Florida GC Solutions, Inc., and Edwin Gaitan, alleging they violated the Fair Labor Standards Act.

According to the complaint, between September 2015 and December 2016, Molina regularly worked more than 40 hours per week as an iron worker but was not paid an overtime premium, Instead, the suit says, Molina was paid straight time rate for all of the hours worked through a payroll company. 

The plaintiff alleges the defendants failed and refused to compensate him for his employment in excess of 40 hours per week at a rate not less than one and one-half times his regular rate as required by FLSA and failed to maintain accurate time and pay records.

Molina seeks trial by jury, an order allowing this case to proceed as a collective action, unpaid overtime wages, liquidated damages, attorney fees and costs and all other relief. He is represented by attorneys Melissa Moore and Curt Hesse of Moore & Associates in Houston.

Houston Division of the Southern District of Texas Case number 4:17-cv-01064

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