Former Cemex employee alleges overtime rate was not properly calculated

By Kristine Gonzales-Abella | Jan 3, 2019

HOUSTON – A former employee of a manufacturer and distributor of cement and ready-mix concrete alleges his overtime pay was not calculated at the correct rate.

Wayne Hopper filed a complaint on Dec. 10 in the Houston Division of the Southern District of Texas against Cemex Inc., Cemex S.A.B. de CV and Cemex Management Inc. alleging violation of the Fair Labor Standards Act.

According to the complaint, the plaintiff was employed by the defendants as an hourly worker from June 2014 to November 2018. He alleges he worked more than 40 hours per week and would receive a non-discretionary bonus each quarter. He alleges the bonuses were not included in his regular or overtime rate of pay.

The plaintiff alleges the defendants were required to include these bonuses in calculating employees' regular rate of pay for overtime purposes and they did not. He alleges as a result, he and class members were not paid overtime at the rate required.

The plaintiff seeks an order designating this lawsuit as a collective action and award for all unpaid overtime compensation, liquidated damages, attorney fees, costs, and expenses and such other and further relief as may be necessary and appropriate. He is represented by Michael A. Josephson, Richard M. Schreiber and Andrew W. Dunlap of Josephson Dunlap LLP in Houston.

Houston Division of the Southern District of Texas case number 4:18-cv-04657

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CEMEX, S.A.B. de C.V. Houston Division of the Southern District of Texas Josephson Dunlap Law Firm

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