HOUSTON – Two construction workers allege their former employer paid the same rate regardless of how many hours they worked in a week.

Noe Gonzalez and Javier Gonzalez filed a complaint on Aug. 25 in the Houston Division of the Southern District of Texas against Howton Construction LLC and Darren Lewis Howton alleging that they violated the Fair Labor Standards Act.

According to the complaint, the plaintiffs both were employed by the defendants for several years until August as construction workers. They allege they worked more than 40 hours a week but were paid the same hourly rate for all hours they worked. 

The plaintiffs hold Howton Construction LLC and Howton responsible because the defendants allegedly failed to pay overtime premiums at a rate of time-and-one-half as required by the FLSA.

The plaintiffs request a trial by jury and seek unpaid overtime compensation, liquidated damages, attorney’s fees and costs and any further relief as the court deems just and equitable. They are represented by Josef F. Buenker and Vijay Pattisapu of The Buenker Law Firm in Houston.

Houston Division of the Southern District of Texas case number 4:17-cv-02626

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