MARSHALL – A former sand coordinator for a trucking company alleges he was misclassified as an independent contractor and is owed unpaid overtime wages.
Samuel Stickell, individually and on behalf of all others similarly situated, filed a complaint on Aug. 9 in the Marshall Division of the Eastern District of Texas against Tim Ables Trucking Co. LLC alleging that the transportation service provider violated the Fair Labor Standards Act.
According to the complaint, the plaintiff alleges that between May 2017 and August 2018, he routinely worked more than 40 hours per workweek for the defendant without being paid overtime compensation for all hours worked in excess of 40 hours in each week.
The plaintiff holds Tim Ables Trucking Co. LLC responsible because the defendant allegedly improperly classified him as an independent contractor and failed to compensate him at a rate of time-and-one-half his regular rate for all hours worked over 40 in a regular workweek.
The plaintiff requests a trial by jury and seeks an order recognizing this proceeding as a collective action, award for unpaid back wages, costs and expenses, attorneys’ fees and such other and further relief as may be necessary and appropriate. He is represented by Clif Alexander, Lauren E. Braddy, Alan Clifton Gordon, Carter T. Hastings and George Schimmel of Anderson Alexander PLLC in Corpus Christi; and William S. Hommel Jr. of Hommel Law Firm in Tyler.
Marshall Division of the Eastern District of Texas case number 2:18-cv-00350