SHERMAN – A rest area attendant alleges he was misclassified as an independent contractor so his employers could avoid paying overtime.
Kenneth Smith, individually and on behalf of all others similarly situated, filed a complaint on Sept. 12 in the Sherman District of the Eastern District of Texas against North Texas Maintenance Inc., A.L. Helmcamp Inc. and Clint Hemby alleging that they violated the Fair Labor Standards Act.
According to the complaint, the plaintiff alleges that he worked more than 40 hours per week for the defendants without being paid the required overtime premiums for all hours worked over 40 per week. The plaintiff holds North Texas Maintenance Inc., A.L. Helmcamp Inc. and Hemby responsible because the defendants allegedly improperly classified their employees as independent contractors and refused to pay them overtime compensation.
The plaintiff requests a trial by jury and seeks to recover unpaid overtime wages, liquidated damages, attorney’s fees, costs, pre- and post-judgment interest and such other lawful and necessary relief. He is represented by Douglas B. Welmaker of Dunham Jones PC in Austin.
Sherman District of the Eastern District of Texas case number 4:17-cv-00641