GALVESTON – A former employee of Mitsubishi Heavy Industries America alleges the company failed to pay the correct rate for overtime after employees worked more than 40 hours per week.
Donald Handy, individually and on behalf of all others similarly situated, filed a complaint on Dec. 10 in the Galveston Division of the Southern District of Texas against Mitsubishi Heavy Industries America Inc. alleging that the employer violated the Fair Labor Standards Act.
According to the complaint, the plaintiff alleges that between May of 2016 and February of 2017, he regularly worked 60-72 hours per week at the defendant's Mont Belvieu plant. He alleges the defendant paid him at his regularly hourly rate for all hours worked up to 50 per week and after that, he was paid at the rate of time-and-one-half of his regular rate for overtime work.
The plaintiff holds Mitsubishi Heavy Industries America Inc. responsible because the defendant's alleged straight time for overtime scheme violated the FLSA.
The plaintiff requests a trial by jury and seeks an order allowing this action to proceed as a collective action, award for all unpaid overtime compensation, liquidated damages, attorneys’ fees and costs and such other and further relief to which they are entitled. He is represented by Michael A. Josephson, Andrew Dunlap and Richard M. Schreiber of Josephson Dunlap LLP in Houston and Richard J. (Rex) Burch of Bruckner Burch PLLC in Houston.
Galveston Division of the Southern District of Texas case number 3:18-cv-00419