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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