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US Cryo Carriers Accuses Texas Workforce Commission of Misclassification in Wage Dispute

SOUTHEAST TEXAS RECORD

Monday, December 16, 2024

US Cryo Carriers Accuses Texas Workforce Commission of Misclassification in Wage Dispute

State Court
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District Courts of Harris County | Official website

US Cryo Carriers, LLC has taken legal action against the Texas Workforce Commission and an individual named Jose R. Ramos, challenging a decision that found the company liable for unpaid wages. The complaint was filed by US Cryo Carriers, LLC in the District Court of Harris County, Texas on December 4, 2024, targeting both the Texas Workforce Commission and Jose R. Ramos.

The case stems from a dispute over employment classification and wage payments. According to the petition, US Cryo Carriers entered into an Independent Contractor Lease Agreement with Jose R. Ramos on April 26, 2022. Under this agreement, Ramos was to serve as an independent contractor and driver for the company while leasing equipment from them to fulfill his transportation duties. However, after being terminated on August 9, 2023, Ramos filed a wage claim with the Texas Workforce Commission (TWC) on September 22, 2023. He alleged that he was owed wages for his final two weeks of service and had not been compensated for certain deductions.

The TWC initially ruled in favor of Ramos on March 13, 2024, determining that US Cryo Carriers owed him $4,672.90 in unpaid wages and $3,466.42 for deductions under the Texas Payday Law (TPL). Despite Cryo Carriers' appeal and subsequent hearings—including one on May 6 where the Wage Claim Appeal Tribunal adjusted these amounts—the TWC ultimately affirmed its findings in a November decision but reduced the total amount owed to $5,597.51.

US Cryo Carriers contends that these decisions are not supported by substantial evidence and disputes the classification of Ramos as an employee rather than an independent contractor—a distinction crucial under Chapter 62 of the Texas Labor Code which governs wage claims between employers and employees but not independent contractors.

In their filing for judicial review under TEX. LAB. CODE ANN. § 61.062, US Cryo Carriers seeks to overturn the TWC's decisions and orders related to this matter. They request that the court find these rulings unsupported by substantial evidence and grant them relief from any financial obligations determined by those orders. Additionally, they seek reimbursement for costs incurred during litigation along with post-judgment interest at applicable rates.

Representing US Cryo Carriers in this legal battle are attorneys G Scott Fiddler and Crespin Linton II from Jackson Walker LLP based in Houston, Texas. The case is presided over by judges at Harris County's District Court under Case ID: 2024-84670.

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