HOUSTON – A former employee of a restaurant alleges she was not paid the correct rate for overtime work.
Holly Martin, individually and on behalf of all others similarly situated, filed a complaint on Nov. 19 in the Houston Division of the Southern District of Texas against The Original Lercy's LLC and Mark Cooper alleging that they violated the Fair Labor Standards Act.
According to the complaint, the plaintiff alleges that between Aug. 13, 2017, and Oct. 5, 2018, she regularly worked more than 40 hours per week for the defendants but was not paid the overtime premium for hours worked in excess 40 hours per workweek.
The plaintiff holds The Original Lercy's LLC and Cooper responsible because the defendants allegedly paid her in cash at her regular wage rate for hours worked over 40 instead of paying her at a rate of time-and-one-half of her regular rate.
The plaintiff requests a trial by jury and seeks unpaid overtime compensation, liquidated damages, attorney’s fees, costs and such further relief as the court deems just and equitable. She is represented by Josef F. Buenker and Thomas H. Padgett Jr. of The Buenker Law Firm in Houston.
Houston Division of the Southern District of Texas case number 4:18-cv-04388