HOUSTON – A forklift driver has filed a class-action lawsuit against a packaging and warehousing company over allegations

Kewayne Smith, individually and on behalf of all others similarly situated, filed a complaint on June 22 in the Houston Division of the Southern District of Texas against Plastic Express and Raymond J. Hufnagel alleging that they violated the Fair Labor Standards Act.

According to the complaint, the plaintiff alleges that he regularly works more than 40 hours per week without receiving proper overtime compensation. Instead, plaintiff alleges he was paid straight time for all hours he worked. 

The plaintiff holds Plastic Express and Hufnagel responsible because the defendants allegedly refused to compensate plaintiff for his employment in excess of 40 hours per week at a rate no less than one-and-one-half times his regular rate and failed to maintain accurate time and pay records.

The plaintiff requests a trial by jury and seeks an order allowing this action to proceed as a collective action, award for all unpaid overtime compensation, liquidated damages, attorneys’ fees and costs and such other and further relief that are just. He is represented by Melissa Moore, Curt Hesse and Bridget Davidson of Moore & Associates in Houston.

Houston Division of the Southern District of Texas case number 4:17-cv-01905

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