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Employee of Viva Railings Alleges FLSA Violations

An overworked employee of Viva Railings claims that he quit working for the railing manufacturer because he wasn't being paid proper wages for working overtime, a violation of the Fair Labor Standards Act (FLSA).

The Southeast Texas Record reports that an overtime lawsuit has been filed against the company and that the plaintiff, William Rotkis, is hoping to collect lost wages. In addition to lost overtime pay, the man is seeking damages for physical pain, mental anguish, emotional distress, lost wages and benefits, plus interest, attorney's fees and court costs.

William Rotkis and his Texas employment lawyer claim that on average he worked between 50 and 55 hours per week at Viva Railings. FindLaw states that the U.S. Fair Labor Standards Act requires eligible employees to be paid one and one half times their normal rate of pay when they work over 40 hours in a given week. A 2-year statute of limitations applies to the recovery of back pay in overtime wages, except in the case of willful violation, in which case a 3-year statute applies.

In the case against Viva Railings, William Rotkis claims that he requested that his work be limited to 40 hours per week or that he be paid proper overtime compensation, but that he was told he could not receive overtime wages. After her verbally complained about FLSA violations, he left the position but was unable to find a job with comparable pay.

Not all employees are eligible for overtime pay, but most people working for an hourly or non-salaried wage are eligible to be paid one and one half times their normal rate of pay when working in excess of 40 hours per week. To learn more about overtime eligibility, you can speak to a Houston employment lawyer or find more information through our Related Resources links.

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