HOUSTON (Legal Newsline) - A former employee has filed a class action lawsuit against Jaguar Energy Services LLC after he claims it failed to pay him overtime compensation, which violates the Fair Labor Standards Act.
John Cormier was employed by Jaguar as a well tester and flowback hand worked more than 40 hours per work week, according to a complaint filed Oct. 31 in the U.S. District Court for the Southern District of Texas.
Cormier claims the daily and weekly activities of himself and the class members were routine and largely governed by standardized plans, procedures and checklists created by the defendant and/or the operator the defendant contracted with.
"Virtually every job function was pre-determined by defendant and/or the operator defendant contracted with, including the tools to use at a job site, the data to compile, the schedule of work and related work duties," the complaint states. "The putative class members were prohibited from varying their job duties outside of the pre-determined parameters."
The class members worked similar hours and were denied overtime as a result of the same illegal pay practice, according to the suit.
Cormier claims the class members were generally scheduled to work substantially more than 40 hours per week and, instead of paying them overtime, the defendant paid the class members a salary and a day rate.
"Defendant denied the putative class members overtime for any and all hours worked in excess of forty (40) hours in a single workweek," the complaint states. "As the controlling law makes clear, the manual labor/technical duties which were performed by the putative class members consist of non-exempt work. Therefore, Defendant owes back overtime wages to the Putative Class Members, all of whom work long hours each workweek well in excess of forty (40) hours."
Numerous employees have been victimized by this pattern, practice and policy which are in willful violation of the FLSA, according to the suit.
Cormier claims many of these employees have worked with him and have reported that they were paid in the same manner and were not properly compensated for all hours worked as required by the FLSA.
"Thus, from his observations and discussions with these employees, plaintiff is aware that the illegal practices or policies of defendant have been imposed on the putative class members," the complaint states. "The putative class members all received a salary and a day-rate, regularly worked in excess of forty (40) hours per week, and were not paid overtime compensation."
These employees are victims of the defendant’s unlawful compensation practices and are similarly situated to the plaintiff in terms of relevant job duties, pay provisions and employment practices, according to the suit.
Cormier claims the defendant’s failure to pay wages and overtime compensation at the rates required by the FLSA result from generally applicable, systematic policies and practices which are not dependent on the personal circumstances of the class.
Cormier is seeking class certification and compensatory damages with pre- and post-judgment interest. He is represented by Michael A. Josephson, Andrew Dunlap and Lindsay R. Itkin of Fibich, Leebron, Copeland, Briggs & Josephson; and Richard J. Burch of Bruchner Burch PLLC.
U.S. District Court for the Southern District of Texas case number: 4:14-cv-03128