SE Texas Record

Tuesday, November 12, 2019

Employee alleges Houston company failed to pay proper overtime


By Carrie Bradon | Jul 8, 2019

HOUSTON — A Harris County man is suing a Houston business, alleging he was not paid fairly for the overtime hours he worked.

Marian Vitan filed a complaint July 2 in the Houston Division of the Southern District of Texas against Robinson International USA Inc., and David Jones, alleging violation of the Fair Labor Standards Act, common law breach of contract and unjust enrichment.

According to the complaint, Vitan was hired by Robinson International in October 2018 as a full-time W-2 employee in the job of loss control inspector. The defendants allegedly offered to pay the plaintiff a $96,000 yearly salary, as well as overtime and reimbursement of expenses. 

The plaintiff says he took the job and in March 2019 was given the title of vice president of development. Although Vitan had a new title, the suit alleges, he continued carrying out the same work as before. The plaintiff says he was told in April 2019 that the defendants were moving their operations overseas and no longer be able to pay him and he stopped working for the defendants April 9, 2019. 

In May 2019, the suit states, the defendants' representative contacted Vitan and offered him work as a loss control inspector from May 13-28, 2019. The defendants allegedly said that they would compensate the plaintiff $500 a day plus expenses and overtime pay. 

The plaintiff, however, alleges he was misclassified as an independent contractor and Robinson International failed to pay him the overtime and the expense reimbursement he was owed. Despite Vitan working more than 40 hours a week, the defendant allegedly failed to properly compensate at 1 1/2 times his hourly salary as required by FLSA.

Vitan seeks trial by jury, judgment against the defendant, attorney fees, court costs, interest and all other appropriate relief. He is represented by attorneys Jim M. Perdue Jr. of Perdue & Kidd in Houston, and by Tim J. Becker, Jennell K. Shannon and Molly E. Nephew of Johnson Becker PLLC in St. Paul, Minnesota.

Houston Division of the Southern District of Texas case number 4:19-CV-02381

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Houston Division of the Southern District of Texas

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