HOUSTON – A woman alleges her former employer retaliated against her for her complaints of not getting paid for overtime work.
Maria Vallejo filed a complaint on Sept. 11 in the Houston Division of the Southern District of Texas against Absolute Drywall Services LLC alleging that the domestic limited liability company willfully violated the Fair Labor Standards Act.
According to the complaint, the plaintiff alleges that she worked at least 60 hours a week for the defendant without receiving proper overtime compensation. She alleges that her hours were cut and job duties removed when she complained about not getting paid for her overtime work. The suit states she separated from her employment with the defendant in March.
The plaintiff holds Absolute Drywall Services LLC responsible because the defendant allegedly misclassified her as exempt employee and refused to pay time-and-a-half its employees’ hourly rate for all hours worked over 40 hours in a workweek. She alleges she is owed $24,017.80 in overtime pay.
The plaintiff seeks judgment against defendant for all damages in an amount reasonable under the circumstances, costs of court, attorney's fees, pre- and post-judgment interest and such other just and proper relief. She is represented by Adam Poncio, Thomas N. Cammack III and Alan Braun of Poncio Law Offices in San Antonio.
Houston Division of the Southern District of Texas case number 4:17-cv-02733