HOUSTON – A construction field representative alleges a global energy company misclassified him as an independent contractor and that he is owed unpaid overtime compensation.
Carl Hester, individually and on behalf of all others similarly situated, filed a complaint on April 5 in the Houston Division of the Southern District of Texas against Phillips 66 Co. alleging violation of the Fair Labor Standards Act and the New Jersey State Wage and Hour Law.
According to the complaint, the plaintiff alleges that he worked at least 10 hours a day for as many as seven days in a week for the defendant without receiving overtime premiums for all hours worked in excess of 40 per week. The suit states he was employed by the defendant from September 2017 to March 2018.
The plaintiff holds Phillips 66 Co. responsible because the defendant allegedly classified him as an independent contractor and failed and refused to pay him overtime compensation when he worked more than 40 hours per week.
The plaintiff requests a trial by jury and seeks an order designating this lawsuit as a collective action, award for all unpaid overtime compensation, liquidated damages, pre- and post-judgment interest, attorney fees, costs, and expenses and such other necessary and appropriate relief.
He is represented by Michael A. Josephson, Andrew W. Dunlap and Jennifer M. Solak of Josephson Dunlap 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-01078