Former employee alleges scrap metal business failed to pay proper overtime

By Carrie Bradon | Mar 20, 2019

HOUSTON — A former employee is suing a scrap metal business, alleging he routinely worked for more than 40 hours a week but did not receive overtime pay.

Jorge Alvarenga filed a complaint March 15 in Harris County District Court against Guillermo Nunez Fajardo and and Guillermo Gabriel Fajardo, both individually and both doing business as Diana's Scrap Metal, alleging violation of the Fair Labor Standards Act.

The suit says Alvarenga was engaged in work Diana's Scrap Metal, which regularly made $500,000 in annual gross sales. Alvaregna says he was employed as a salaried employee from November 2017 to December 2018 and he regularly worked more than 40 hours a week. 

The suit states Diana's Scrap Metal was not in compliance with the FLSA as it failed to pay the plaintiff overtime at the legal rate of time and a half for all hours worked beyond 40 per week..

Alvarenga seeks trial by jury, monetary relief of up to $100,000, liquidated damages, attorney fees and costs of court as well as all other just relief. He is represented by attorneys Josef F. Buenker and Vijay Pattisapu of The Buenker Law Firm in Houston.

Harris County District Court case number 2019-19129

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