HOUSTON – A Houston man has filed a class action suit against a national company over allegations he was improperly classified as an independent contractor during his employment.
Russell Breaux, individually and on behalf of all others similarly situated, filed a complaint on Feb. 20 in the Houston Division of the Southern District of Texas against Spectrum Biotechnologies LLC alleging that the former employer violated the Fair Labor Standards Act.
According to the complaint, the plaintiff alleges that between January 2015 and September 2016, he regularly worked for defendant in excess of 40 hours each week without receiving overtime compensation. He alleges he was misclassified as an independent contractor and paid the same rate for all hours worked.
The plaintiff requests a trial by jury and seeks an order certifying this action as a collective action and appointing plaintiff and his counsel as representatives, an order finding the defendant liable for unpaid back wages, attorneys’ fees, costs, pre- and post-judgment interest and such other and further relief.
He is represented by Michael A. Josephson, Andrew W. Dunlap and Jennifer M. Solak of Josephson Dunlap Law Firm in Houston and Richard J. (Rex) Burch of Bruckner Burch PLLC in Houston.
Houston Division of the Southern District of Texas case number 4:18-cv-00514