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Laborers Charge Employer With Overtime Law Violations

17 July 2015No Comments

pipelineA group of workers in south Texas have filed a class action lawsuit against their Houston-based employer for bad faith and labor law violations between the years 2012 and 2015. The workers claim the firm allegedly avoided paying them overtime wages.

The laborers, Jose de Jesus Oviedo Hernandez, Donaciano Nieto, Lorenzo Vega, Javier Santillan, Hose Leonel, and Hernandez Henriquez et al filed a complaint against Robert Dering Construction LLC in Galveston federal court June 13, claiming violation of the Fair Labor Standards Act.


According to the lawsuit, the plaintiffs performed manual construction labor for the defendant as full-time non-exempt employees for the defendant’s firm. The firm handles architecture, design, and construction of medical office buildings and upscale homes.

The complaint states that all workers were paid hourly, rather than a salary, and regularly worked i excess of 40 hours weekly, without receiving overtime compensation. The plaintiffs allege that they were willfully misclassified as independent contractors by Dering, in order to reduce payroll expenses in the firm.

The plaintiffs seeks injunctive relief, restitution for unpaid wages including benefits and bonuses, overtime compensation, liquidated damages, penalties, pre- and post-judgment interest, attorney’s and expert witness fees, expenses, and costs.

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