Diana’s Commissary Food Services Inc. food truck worker alleges day rate pay was insufficient

By Philip Gonzales | Dec 4, 2017

HOUSTON – A former food truck worker alleges she is owed unpaid wages.

HOUSTON – A former food truck worker alleges she is owed unpaid wages.

Maria Patricia Cetino Calderon filed a complaint on Nov. 7 in the Houston Division of the Southern District of Texas against the Diana’s Commissary Food Services Inc., Alba Alvarez and Oscar Blanco citing the Fair Labor Standards Act.

According to the complaint, the plaintiff worked as a cook and food server on the defendants' food truck from March 2015 to March 2017. She alleges she worked six days a week and 13 hours per day and was only paid a day rate.

The plaintiff holds Diana’s Commissary Food Services Inc., Alvarez and Blanco responsible because the defendants allegedly paid her a day rate which was insufficient to even compensate her at the federally mandated minimum wage of $7.25 per hour and did not pay overtime premiums.

The plaintiff requests a trial by jury and seeks to recover unpaid minimum wages, overtime compensation, liquidated damages, attorney’s fees, costs and such other relief that is just and equitable. She is represented by Josef F. Buenker and Vijay A. Pattisapu of The Buenker Law Firm in Houston.

Houston Division of the Southern District of Texas case number 4:17-cv-03398

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Houston Division of the Southern District of Texas The Buenker Law Firm

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