HOUSTON – A Rosenberg man alleges his former commercial tire dealer did not include premium pay for hours worked over 40 in a week in his salary.
Michael Ferrel, individually and on behalf of all other similarly situated employees, filed a complaint on March 5 in the Houston Division of the Southern District of Texas against Southern Tire Mart LLC alleging violation of the Fair Labor Standards Act.
According to the complaint, the plaintiff was employed by the defendant from Oct. 1, 2016, to Jan. 30, 2018, and worked at a location in Houston. He alleges the defendant classified him as exempt from the FLSA's overtime-pay requirements and paid him a salary.
The plaintiff holds Southern Tire Mart LLC responsible because the defendant allegedly paid him a salary that did not include any premium pay for hours worked in excess of 40 each week.
The plaintiff requests a trial by jury and seeks unpaid overtime wages, liquidated damages, pre- and post-judgment interest, attorneys’ fees and costs and such other lawful and proper relief. He is represented by Dennis A. Clifford of The Clifford Law Firm PLLC in Houston.
Houston Division of the Southern District of Texas case number 4:18-cv-00688