TYLER – A Wood County man formerly employed as a roof and gutter installer in Tyler alleges he was misclassified as an independent contractor.
John Stewart, individually and on behalf of all others similarly situated, filed a complaint on March 19 in the Tyler Division of the Eastern District of Texas against Lone Star Exteriors LLC alleging violation of the Fair Labor Standards Act.
According to the complaint, the plaintiff alleges that he regularly worked more than 40 hours in a workweek without receiving overtime wages. Instead, he alleges he was paid a straight hourly rate with no federal withholding, Social Security or Medicare taxes withheld.
The plaintiff holds Lone Star Exteriors LLC responsible because the defendant allegedly misclassified him as an independent contractor and failed to pay him overtime compensation as required by the FLSA.
The plaintiff requests a trial by jury and seeks unpaid wages, liquidated damages, court costs, attorneys’ fees and such other and further relief as the court deems just. He is represented by William S. Hommel Jr. of Hommel Law Firm in Tyler.
Tyler Division of the Eastern District of Texas case number 6:18-cv-00131