Bypass Grill House kitchen worker alleges he was paid incorrect rate per hour for overtime work

By Kristine Gonzales-Abella | Oct 3, 2018

GALVESTON – An Alvin restaurant is alleged to have paid a kitchen employee straight time regardless of the amount of hours he worked per week.

Bengie Demyers, individually and on behalf of all others similarly situated, filed a complaint on Sept. 12 in the Galveston Division of the Southern District of Texas against Bypass Grill House, Gaines Andrews Jr. and Cecilia Andrews alleging violation of the Fair Labor Standards Act.

According to the complaint, the plaintiff began working in the kitchen for Bypass Grill in December 2017. He alleges he was paid the same wage rate per hour regardless of the number of hours he worked per week. He alleges after he voiced his concerns regarding overtime pay, he was retaliated against by Cecilia Andrews and subjected to a hostile work environment.

The plaintiff holds Bypass Grill House, Gaines Andrews Jr., and Cecilia Andrews responsible because the defendants allegedly failed to pay overtime at a rate of time-and-one-half as required by federal law.

The plaintiff seeks order certifying this case as a collective action, award for all unpaid wages, liquidated damages and penalties, costs of this action, attorneys’ fees and such other and further relief as may be necessary and appropriate. He is represented by Matthew S. Parmet of Parmet PC in Houston.

Galveston Division of the Southern District of Texas case number 3:18-cv-00273

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Parmet PC U.S. District Court for the Southern District of Texas Galveston Division

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