HOUSTON (Legal Newsline) - Two employees have filed a class action lawsuit against Murphy Distribution Inc. after they claim it violated the Fair Labor Standards Act by failing to pay them their proper wages.
Anthony San Miguel and Aaron Soliz claim Murphy Distribution and Don Murphy violated the Fair Labor Standards Act by employing them and other similarly situated nonexempt employees "for a workweek longer than forty hours [but refusing to compensate them] for [their] employment in excess of  hours…at a rate not less than one and one-half times the regular rate at which [they are or were] employed," according to a complaint filed Oct. 31 in the U.S. District Court for the Southern District of Texas.
The plaintiffs claim the defendants violated the FLSA by failing to maintain accurate time and pay records for them and other similarly situated nonexempt employees as required.
The defendants own and operate a blasting and painting company.
"Defendants employed Anthony San Miguel as a laborer during the three years preceding the filing of this lawsuit," the complaint states. "Defendants employed Aaron Soliz as a laborer during the three years preceding the filing of this lawsuit."
The plaintiffs claim during their employment with the defendants, they were engaged in commerce or in the production of goods for commerce.
During the plaintiffs' employment with the defendants, they regularly worked in excess of 40 hours per week, according to the suit.
"Defendants knew or reasonably should have known that plaintiffs worked in excess of forty hours per week," the complaint states. "Defendants paid plaintiffs a fixed amount of money per job which did not take into consideration the total number of hours worked each week."
The plaintiffs claim the defendants did not pay them overtime pay for the hours they worked in excess of 40 per week.
The defendants knew or reasonably should have known that the plaintiffs were not exempt from the overtime provisions of the FLSA, according to the suit.
The defendants failed to maintain accurate time and pay records for the plaintiffs and other similarly situated nonexempt employees and often, the plaintiffs' regular rates fell below the minimum wage, according to the suit.
"Defendants knew or showed a reckless disregard for whether its pay practices violated the FLSA," the complaint states.
The plaintiffs claim all laborers employed by the defendants are similarly situated to them because they have similar job duties; they are not paid for all hours worked at the minimum wage; regularly work in excess of 40 hours per week; are not paid overtime for the hours they worked in excess of 40 per week; and are entitled to recover their unpaid overtime wages, liquidated damages and attorneys’ fees and costs from the defendants.
The defendants failed to pay the minimum wage for all hours worked, failed to pay overtime and failed to maintain accurate records, according to the suit.
The plaintiffs are seeking class certification and compensatory damage with pre- and post-judgment interest. They are being represented by Melissa Moore and Curt Hesse of Moore & Associates.
U.S. District Court for the Southern District of Texas case number: 4:14-cv-03131
From Legal Newsline: Kyla Asbury can be reached at email@example.com.