William Collier has filed a significant lawsuit against Corporate Employment Resources, Inc., doing business as Bartech Staffing, accusing the company of failing to pay overtime wages in accordance with federal law. The complaint was lodged on November 7, 2024, in Harris County, Texas, highlighting a widespread issue that could impact numerous employees across various states.
The case centers around allegations that Bartech Staffing misclassified its employees to avoid paying them the legally mandated overtime wages. According to the complaint, William Collier worked for Bartech as a Construction Manager from April 2019 until May 2022 in several states including Connecticut and New York. Despite regularly working over 40 hours per week, Collier claims he was only compensated at his standard hourly rate for all hours worked beyond this threshold—a practice known as "straight time for overtime." This approach directly contravenes the Fair Labor Standards Act (FLSA), which requires employers to pay non-exempt employees at least one and a half times their regular rate for overtime hours.
Collier's lawsuit asserts that Bartech not only failed to comply with these requirements but also systematically misclassified its "Straight Time Employees" as exempt from overtime provisions without meeting the necessary criteria. The complaint details how Bartech did not pay these employees on a salary basis nor provided any guaranteed salary unaffected by hours worked. Consequently, Collier argues that Bartech's practices were neither reasonable nor made in good faith.
Seeking justice not just for himself but also on behalf of similarly situated employees, Collier has initiated this collective action under the FLSA. He aims to recover unpaid wages and liquidated damages while also securing an order authorizing notice to other affected employees who might wish to join the lawsuit. The relief sought includes back wages, attorney’s fees, costs, expenses, and pre- and post-judgment interest.
Representing William Collier are attorneys Michael A. Josephson and Andrew W. Dunlap from Josephson Dunlap LLP along with Richard (Rex) Burch from Bruckner Burch PLLC. The case is being overseen by Judge R.K. Sandill in Harris County's 269th Judicial District Court under Case ID 2024-78726.