SHERMAN – A former hourly-paid packer at a Paris plant alleges that he was not paid for all hours worked.

Otis Smith, individually and on behalf of all others similarly situated, filed a complaint on Oct. 12 in the Sherman District of the Eastern District of Texas against Cortech LLC and Kimberly-Clark Corp. alleging that they violated the Fair Labor Standards Act.

According to the complaint, the plaintiff was employed by the defendants from 2007 to May 2017. He alleges that he regularly worked longer than his 12-hour shift, but was not paid for actual hours worked and was not compensated at a rate of at least one-and one-half times his regular hourly rate for all hours worked over 40 in a workweek. 

The plaintiff holds Cortech LLC and Kimberly-Clark Corp. responsible because the defendants allegedly failed to comply with the minimum wage and overtime provisions of the FLSA by prohibiting the recording of all hours worked.

The plaintiff requests a trial by jury and seeks an order requiring defendants to pay him and all other similarly situated employees in the form of reimbursement for unpaid minimum wages and overtime compensation, liquidated damages, attorneys’ fees, costs, expenses, interest and such other just and proper relief. He is represented by Charles W. Branham III and Rachel C. Moussa of Dean Omar & Branham LLP in Dallas.

Sherman District of the Eastern District of Texas case number 4:17-cv-00734




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