HOUSTON – Two limited liability companies are alleged to have misclassified employees as independent contractors.
Arnoldo Herrera, individually and on behalf of all others similarly situated, filed a complaint on Feb. 23 in the Houston Division of the Southern District of Texas against Whiteroc Drywall LLC and GD&D Drywall LLC alleging violation of the Fair Labor Standards Act.
According to the complaint, the plaintiff worked for Whiteroc from 2013 to July 2016 and then for both defendants until Jan. 10 as an hourly construction worker. He alleges he regularly worked more than 40 hours per week but was not paid an overtime premium.
The plaintiff holds Whiteroc Drywall LLC and GD&D Drywall LLC responsible because the defendants allegedly misclassified him as an independent contractor and failed to pay him the required overtime premium for all worked performed in excess of 40 hours per week.
The plaintiff requests a trial by jury and seeks unpaid overtime wages, liquidated damages, prejudgment interest, costs, attorney’s fees and such other just and equitable relief. He is represented by Josef F. Buenker and Vijay Pattisapu of The Buenker Law Firm in Houston.
Houston Division of the Southern District of Texas case number 4:18-cv-00558