HOUSTON — A former security guard is claiming he worked 72 hours or more a week without overtime pay due to being misclassified as an independent contractor.
Marc Morales filed a complaint Sept. 2 in the Houston Division of the Southern District of Texas against Nationwide Investigations & Security Inc, and Allen Hollimon alleging violation of the Fair Labor Standards Act (FLSA).
Morales, according to his complaint, worked for Nationwide from November of 2019 throuhg May of 2020 as a security guard and supervisor. In his position, Morales was responsible for scheduling guards at various sites, managing time sheets and other payroll information as well as handling lodging and expense pay for guards and recruitment.
He alleges that he often worked 72 hours or more each week and was paid "straight time" at $10 per hour for 40 hours with no overtime compensation.
Morales claims Nationwide "misclassified" him at an independent contractor when he was actually an employee and not non-exempt from the FLSA as Nationwide claimed. He also claims Nationwide has not in "good faith" complied with the FLSA and "knowingly" and "willfully" failed to pay him overtime compensation.
Morales seeks monetary relief, trial by jury, interest and all other just relief. He is represented by Josef Buenker of The Buenker Law Firm in Houston.
Houston Division of the Southern District of Texas case number 4:20-CV-03085