Palacios peace officer alleges he was not paid for on call hours during Harvey

By Kristine Gonzales-Abella | May 29, 2018

GALVESTON – A Wharton County man employed as a peace officer alleges he was not paid for overtime work during Hurricane Harvey.

GALVESTON – A Wharton County man employed as a peace officer alleges he was not paid for overtime work during Hurricane Harvey.

Sterling Hubanek, individually and on behalf of all others similarly situated, filed a complaint on May 16 in the Galveston Division of the Southern District of Texas against the city of Palacios alleging violation of the Fair Labor Standards Act.

According to the complaint, the plaintiff alleges that between Aug. 20, and Sept. 2, 2017, he was employed by the defendant as a peace officer. He alleges he physically worked 12-hour shifts and was required to remain on call and to remain on the premises during Hurricane Harvey and did not receive proper wages for all compensable hours worked. He alleges the defendant altered his timesheet and others to remove the on call hours during that period.

The plaintiff holds the city of Palacios responsible because the defendant allegedly failed to maintain accurate time and pay records and failed to compensate him for all of the hours he worked, including overtime.

The plaintiff requests a trial by jury and seeks an order allowing this action to proceed as a collective action, award for all unpaid wages, liquidated damages, interest, attorney's fees and costs and all other relief that the court will deem just. He is represented by Gregory Cagle in Houston.

Galveston Division of the Southern District of Texas case number 3:18-cv-00149

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Gregory Cagle, Attorney at Law PC U.S. District Court for the Southern District of Texas Galveston Division

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