SE Texas Record

Thursday, October 17, 2019

Swift Technical Services alleged to have misclassified employees regarding overtime pay

By Philip Gonzales | Mar 1, 2018


GALVESTON – An Odessa man alleges a staffing company unlawfully misclassified him as exempt from receiving overtime pay.

Justin Binning, individually and on behalf of all others similarly situated, filed a complaint on Feb. 14 in the Galveston Division of the Southern District of Texas against Swift Technical Services LLC alleging violation of the Fair Labor Standards Act.

According to the complaint, the plaintiff alleges that between February 2015 and November 2017, he regularly worked more than 40 hours in a week for the defendant and was paid a day rate.

The plaintiff holds Swift Technical Services LLC responsible because the defendant allegedly misclassified him as exempt from overtime and refused to compensate him at the rate of time-and-one-half his regular rate of pay for all hours worked over 40 in a workweek as required under the FLSA.

The plaintiff seeks unpaid overtime compensation, equal amount in liquidated damages, attorney’s fees, costs and expenses and such other and further relief. He is represented by Don J. Foty of Kennedy Hodges LLP in Houston.

Galveston Division of the Southern District of Texas case number 3:18-cv-00043

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Kennedy Hodges, LLP U.S. District Court for the Southern District of Texas Galveston Division

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