HOUSTON – A former employee of a full service mechanical contractor alleges he was not paid the correct rate for overtime work.
Rusty D. Smith, individually and on behalf of all others similarly situated, filed a complaint on Nov. 22 in the Houston Division of the Southern District of Texas against Starcon International Inc. alleging violation of the Fair Labor Standards Act.
According to the complaint, the plaintiff alleges that he was not paid the correct overtime rate of pay for all overtime hours he worked. He alleges the was paid an hourly wage as well as a per diem payment per each work day, but only his regular rate of pay was used to calculate the overtime rate.
The plaintiff holds Starcon International Inc. responsible because the defendant allegedly classified him as a non-exempt employee and failed to include the per diem payment in its calculation of his regular rate of pay.
The plaintiff requests a trial by jury and seeks unpaid overtime compensation at the rate of one-and-one-half times his regular rate of pay, liquidated damages, attorney’s fees, costs and expenses and such other relief as may be required by law. He is represented by Robert R. Debes Jr. of Shellist Lazarz Slobin LLP in Houston.
Houston Division of the Southern District of Texas case number 4:17-cv-03595