HOUSTON — The owners of several overlapping businesses operating out of Plano face a class action from former workers who say they were not paid overtime, had illegal deductions taken out of their pay and were not paid for the last few weeks of work on a Houston luxury apartment project.
Percy Macias, Isodoro Pená and Alma Lopez, on behalf of themselves and others similarly situated, filed a class action complaint Dec. 13 in the Houston Division of the Southern District of Texas against Catapult Painting LLC, FR Commercial LLC, Sambecca Management Group LLC, Mitchell Zivin and Wendy Zivin, alleging violation of the Fair Labor Standards Act.
According to the complaint, Macias, Pena and Lopez worked as painters from mid-2018 until early 2019 for the Zivinses who operated several "overlapping businesses," on a luxury apartment building at 1770 S. Post Oak Lane, Houston. The plaintiffs allege they were misclassified as "independent contractors" and had "illegal deductions" taken out of their pay. They also argue they were not paid for their overtime work, as required by FLSA, and were not paid at all for the last weeks of their employment.
The plaintiffs seek monetary relief, interest, attorney fees and all other just relief. They are represented by attorneys Christopher Willett, Jordyn Emmert and Colleen Mulholland of The Equal Justice Center in Austin, Houston and San Antonio.
Houston Division of the Southern District of Texas case number 19-CV-04856