HOUSTON – A warehouse worker alleges he was misclassified as an independent contractor and that his employer failed to pay him at the correct rate for overtime hours he worked.
Miguel Gonzalez, individually and on behalf of all others similarly situated, filed a complaint on Sept. 18 in the Houston Division of the Southern District of Texas against Port Packaging LLC alleging that the employer violated the Fair Labor Standards Act.
According to the complaint, the plaintiff alleges that he regularly worked more than 40 hours in a workweek for the defendant without receiving overtime compensation at a rate of one-and-one-half times his regular rate for all hours worked in excess of 40 per week.
The plaintiff holds Port Packaging LLC responsible because the defendant allegedly misclassified him and the class members as independent contractors and failed to pay them any premium for overtime hours worked.
The plaintiff seeks unpaid overtime compensation, liquidated damages, attorney’s fees, costs and expenses and such other and further relief to which plaintiff and class members may be entitled. He is represented by Gabriel A. Assaad and Samantha J. Rodriguez of Kennedy Hodges LLP in Houston.
Houston Division of the Southern District of Texas case number 4:18-cv-03327