HOUSTON – An energy and chemical staffing company is alleged to have misclassified a construction quality control worker as exempt from overtime protections.
Gerardo Castilleja, individually and on behalf of all others similarly situated, filed a complaint on April 2 in the Houston Division of the Southern District of Texas against TRS Staffing Solutions Inc. alleging that the foreign corporation violated the Fair Labor Standards Act.
According to the complaint, the plaintiff alleges that during his tenure with the defendant from 2016 to 2017, he regularly worked more than 40 hours in a workweek but was not compensated at a rate of time-and-a-half his regular rate for all hours worked in excess of 40 hours in a work week. He alleges he was paid his regular rate of pay instead.
The plaintiff requests a trial by jury and seeks all unpaid wages, liquidated damages, all applicable penalties, attorney’s fees, litigation expenses, pre- and post-judgment interest and such other lawful and equitable relief. He is represented by J. Moises Cedillos of Cedillos Law Firm PLLC in Houston.
Houston Division of the Southern District of Texas case number 4:18-cv-01017