HOUSTON – A former employee of a housewares and kitchen appliances manufacturer is seeking to recover allegedly unpaid overtime wages.
Deana Perry, individually and on behalf of all others similarly situated, filed a complaint on Dec. 3 in the Houston Division of the Southern District of Texas against BergHOFF International Inc. alleging violation of the Fair Labor Standards Act.
According to the complaint, the plaintiff was employed by the defendant as a sales agent from April to October. She alleges the defendant misclassified her as an independent contractor and that the defendant automatically deducted 10 percent of her commission from sales in case there were returns, regardless of whether returns were made or not.
The plaintiff also alleges that she regularly worked longer than 40 hours per week without receiving compensation for those hours worked in excess of 40 per week.
The plaintiff holds BergHOFF International Inc. responsible because the defendant allegedly refused to compensate her for overtime work at a rate of time-and-one-half and failed to maintain accurate time and pay records.
The plaintiff requests a trial by jury and seeks an order allowing this action to proceed as a collective action and award for unpaid regular and overtime compensation, liquidated damages, attorneys’ fees and costs and such other and further relief to which they may show themselves to be justly entitled. She is represented by Melissa Moore, Curt Hesse and Bridget Davidson of Moore & Associates in Houston.
Houston Division of the Southern District of Texas case number 4:18-cv-04552