GALVESTON – A Travis County man alleges that his former construction management and inspection services employer unlawfully failed to pay him overtime pay.
Randel Gibson, on behalf of himself and on behalf of all others similarly situated, filed a complaint on May 21 in the Galveston Division of the Southern District of Texas against Kestrel Field Services Inc. alleging that the construction management company violated the Fair Labor Standards Act.
According to the complaint, the plaintiff alleges that between May 2017 and October 2017, he usually worked five to six days each week for 12 hours each day as an inspector for the defendant. He alleges did not receive overtime pay for all hours worked in excess of 40 per week and instead was paid the same flat day rate regardless of the number of hours he worked.
The plaintiff holds Kestrel Field Services Inc. responsible because the defendant allegedly misclassified him as exempt from the overtime provisions of the FLSA and required him to work more than 40 hours in a workweek without paying overtime compensation.
The plaintiff requests a trial by jury and seeks an order designating the FLSA Class as a collective action, award for all unpaid overtime compensation and liquidated damages, attorneys’ fees and costs and such other and further relief as may be necessary and appropriate. He is represented by Beatriz Sosa-Morris and John Neuman of Sosa-Morris Neuman Attorneys at Law in Houston.
Galveston Division of the Southern District of Texas case number 3:18-cv-00157