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Texas Truck Driver Alleges Violations of FLSA

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Federal laws require that most employees who work in excess of 40 hours be paid at least one and one-half times their regular rate of pay through the Fair Labor Standards Act (FLSA). Any employee who is entitled to overtime pay, but is not being paid the proper wages has the right to sue an employer to recover the unpaid overtime compensation.

This is exactly what a Texas truck driver is now doing. The Southeast Texas Record reports that the truck driver, Clinton Roberts, filed suit against International Trucking Solutions Inc. on March 22 in the Sherman division of the Eastern District of Texas.

The plaintiff worked for International Trucking Solutions from June 2007 through December 2008. He claims that his employer failed to pay him the rate of one and one-half times his regular rate of pay when he was working overtime hours. Mr. Roberts and his Texas employment lawyer, Charles L. Scalise, allege that his situation is considered a willfull violation of FLSA.

With this lawsuit, Mr. Roberts is seeking actual and compensatory damages including the amount of overtime which he was not paid. In addition, he is hoping to be awarded damages for interest, court costs, and attorney's fees.

Yet FindLaw states that there are certain exemptions from overtime requirements, if the company meets certain criteria or if an employee is employed in a particular field. For example, learned professionals, creative professionals, outside sales employees, computer employees and employees that work in management are not always entitled to overtime pay. It's unclear whether or not Mr. Roberts' position falls into one of the exempted categories.

If you have any questions about overtime pay, you may want to contact a Texas employment lawyer.

Related Resources:

  • The Rules of Working Overtime (FindLaw's Houston Employment Law Blog)
  • Checklist to Determine Overtime Liability under the Fair Labor Standards Act (FindLaw)
  • Locate a Houston Employment Lawyer (FindLaw)

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