Employment Attorney Doug Welmaker

Doug WelmakerDouglas B. Welmaker is an Employment Attorney with Dunham & Jones, Attorneys at Law, PC. He was raised in Houston, Texas and has been practicing labor and employment law for 20 years, representing Defendants and Plaintiffs in both state and federal court. In the last seven years, he has limited his practice to representing employees who have been wrongfully denied overtime pay in violation of the Fair Labor Standards Act. Mr. Welmaker handles employment cases including retaliation, minimum wage and overtime violations. You may contact him at 1-800-344-4444.

posted on September 20, 2013 by

Lawsuit filed against TomBell Corporation for Overtime Violations

On September 20, 2013, Dunham & Jones, P.C. filed suit in Federal Court in Tyler, Texas against the TomBell Corporation d/b/a Kirby Restaurant and Equipment Supply on behalf of former route driver/service technician Kevin Loessberg, alleging overtime violations.

Mr. Loessberg filed suit under the Fair Labor Standards Act (“FLSA”) for all unpaid overtime hours worked within the three-year period prior to the filing of the suit.

Mr. Loessberg, who worked in San Antonio, Texas, alleges that he was a route driver/service technician responsible primarily for repairing equipment leased by customers from TomBell Corporation. TomBell Corporation alleges that Mr. Loessberg was exempt from overtime under the outside sales exemption, in spite of the fact that repair, not sales, was Loessberg’s primary duty, and in spite of the fact that Loessberg was not paid any commission for a large portion of the time he was employed by TomBell Corporation.

If you or someone you know worked as a route drivers/service technicians for Defendants, contact Doug Welmaker at Dunham & Jones, PC, at 1-800-344-4444 today.

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posted on August 19, 2013 by

Lawsuit filed against AIG and American General Life Insurance Company

On Monday, August 19, 2013, Dunham & Jones P.C. filed suit in Federal Court against AIG and American General Life Insurance Company (formerly Western National Life) on behalf of former customer call representative Randal Stubbs, alleging both minimum wage and overtime violations.

Mr. Stubbs filed the opt-in collective action under the Fair Labor Standards Act (“FLSA”) on behalf of all current and former call center representatives who were not fully compensated for hours worked within the three year period prior to the filing of the suit. Notably, after Mr. Stubbs complained about Defendants’ illegal refusal to compensate him for all hours worked, he was fired.

Mr. Stubbs, who worked in a call center in Amarillo, Texas, alleges he and other call center representatives were forced to arrive at work early to boot up their computers, load their computer programs, and otherwise prepare to take phone calls, all without pay. Mr. Stubbs and others were also forced to clock out once their shift ended, although they were required to stay at work, without pay, to exit all software programs, shut down their computers, and to finish any incomplete tasks.

Mr. Stubbs also alleges that he and other customer call representatives had to cut breaks short in order to be prepared to take calls the minute their breaks were scheduled to end.

American General victimized its customer call representatives with its “pattern, practice and policy” that violated the FLSA, the Complaint alleges,

“Defendants have failed to make a good faith effort to comply with the FLSA,” the suit says. “Instead, Defendants knowingly, willfully, or with reckless disregard carried out their illegal pattern or practice regarding minimum wage and overtime violations.”

If you or someone you know worked in a call center for AIG, American General Life Insurance Company, or Western National Life, contact Doug Welmaker at Dunham & Jones, PC, at 1-800-344-4444 today.

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posted on August 14, 2013 by

Lawsuit filed: San Antonio medical assistant claims both Minimum Wage & Overtime Violations

On August 14, 2013, Dunham & Jones P.C. filed suit in Federal Court in San Antonio against Grey Canyon Family Medicine, P.A., Brian K. MacGillivray, M.D., and Francesca DiCarlo on behalf of former medical assistant Katrina Meesook, alleging both minimum wage and overtime violations.

Ms. Meesook filed suit under the Fair Labor Standards Act (“FLSA”) for all unpaid overtime hours worked within the three-year period prior to the filing of the suit.

Ms. Meesook, who worked in San Antonio, Texas, alleges that she consistently worked over 40 hours per week, but was not paid overtime allegedly because she was salaried.

If you or someone you know was denied overtime because they were salaried, or worked as a medical assistant for Grey Canyon Family Medicine, P.A., Brian K. MacGillivray, M.D., and Francesca DiCarlo, contact Doug Welmaker at Dunham & Jones, PC, at 1-800-344-4444 today.

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posted on July 31, 2013 by

Lawsuit filed against Universal American Corporation

Dunham & Jones, P.C. has recently filed a collective action suit in Houston Federal District Court against Universal American Corporation, a publicly traded company (NYSE: UAM) with more than 2,000 employees nationwide. Universal American claims to have been on the cutting edge of healthcare for nearly 20 years.

The lawsuit claims that Universal American hired Licensed Vocational Nurses to work in the position of “Pre-Certification Nurse”, “Utilization Review Nurse” or other job titles performing pre-screening activities for Universal American. The suit alleges that even though these employees were entitled to overtime pay for working more than 40 hours in a week, Universal American failed to pay them time and one-half for their overtime hours. In fact, it appears that Universal American didn’t even keep track of these nurses’ hours.

The suit, brought by former LVN’s Margot Allen and Lydia Roumo, argues that there are additional nurses that performed the same duties that also were not paid overtime. Allen and Ruomo are seeking their overtime wages for the three year period preceding the lawsuit, are seeking double, or liquidated damages, and are seeking attorney’s fees.

The lawsuit was brought under the Fair Labor Standards Act (FLSA) which requires that nurses who wish to participate in the suit actually file papers to opt-into the case. Nurses who wish to participate in the suit to recover unpaid overtime may do so by contacting the lawyers at Dunham & Jones, P.C. Many people are under the misconception that if they are paid on a salary, they are not entitled to overtime. This is simply not true.

Even though Universal American paid Allen and Roumo a salary and failed to keep track of their hours, neither of these facts have anything to do with Allen and Roumo’s entitlement to overtime. Many people are under the misconception that if they are paid on a salary, they are somehow not entitled to overtime. This is simply not true. For more information about the Universal American case or to have an experienced overtime attorney review the facts of your case, feel free to call the overtime attorneys at Dunham & Jones, P.C. 1-800-344-4444, or go to www.fairpay.com.

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posted on July 31, 2013 by

Lawsuit filed against Excel Staffing Services, Inc. for overtime violations

The employment lawyers at Dunham & Jones, P.C., have filed a lawsuit against Excel Staffing Services, Inc. The lawsuit alleges that Excel hired Licensed Vocational Nurses (LVNs) to work as Private Duty Nurses or Travelling Nurses at various health care facilities throughout Texas and the United States. The lawsuit alleges that, although Excel called these nurses “independent contractors”, they were actually employees who were entitled to be paid overtime for all hours worked over forty (40) in any workweek during the previous three years.

The suit was filed on behalf of the named plaintiff, Christie Craven, and all other nurses who were hired by Excel as “independent contractors” during the past three years. Although Excel is based in Greensboro, North Carolina, the suit was filed in Federal District Court in Houston, Texas.
Rather than responding to the lawsuit, Excel Staffing Services, Inc., in an apparent attempt to avoid liability, closed the business and reopened under the new name of Excel Staffing Professional Nursing, Inc. In response, the lawyers at Dunham & Jones, P.C. amended their lawsuit to include the new business and its individual owners and managers as defendants.

In the lawsuit, Christie Craven alleges she was hired by Excel as an “independent contractor” and was assigned to work at various health care facilities throughout Texas. She regularly worked more than forty (40) hours per week and was not paid overtime for this work. Christie Craven also alleges that she was legally an “employee” and not an “independent contractor” and was entitled to be paid time and one-half for her overtime work. She is seeking twice the amount of her unpaid overtime in addition to her attorney’s fees and court costs. She filed the suit on behalf of herself and all other nurses who worked for Excel as an “independent contractor” in the past three years.

The lawsuit was brought under the Fair Labor Standards Act (FLSA) which requires that nurses who wish to participate in the suit actually file papers to opt-into the case. Nurses who wish to participate in the suit to recover unpaid overtime may do so by contacting the lawyers at Dunham & Jones, P.C.

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posted on June 17, 2013 by

Lawsuit filed: Houston paralegal claims she consistently worked more than 40 hours per week but was rarely, if ever, paid overtime

On June 17, 2013, the lawyers at Dunham & Jones P.C. filed suit in Federal Court in Houston against Law Offices of Coleman & Associates, P.C., and Cheryl F. Coleman on behalf of former paralegal Jessica Sanchez, alleging overtime violations.

Ms. Sanchez filed suit under the Fair Labor Standards Act (“FLSA”) for all unpaid overtime hours worked within the three-year period prior to the filing of the suit.

Ms. Sanchez, who worked in Houston, Texas, alleges that she consistently worked more than 40 hours per week but was rarely, if ever, paid overtime.

If you or someone you know worked as a paralegal and was denied overtime, or worked for the Law Offices of Coleman & Associates, P.C., and/or Cheryl F. Coleman, contact Doug Welmaker at Dunham & Jones, PC, at 1-800-344-4444 today.

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