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Dunham & Jones, Attorneys at Law helps employees and contractors collect unpaid overtime from their employers.

posted on January 12, 2016 by

Lawsuit Filed: Tier One Security, Inc. sued for not paying overtime

On January 12, 2016, Dunham & Jones P.C. filed suit in Federal Court in San Antonio against Tier One Security, Inc. on behalf of former security guard/gate guard Kyle Trapp, alleging that Tier One failed to pay Mr. Trapp overtime pay.

Mr. Trapp 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. Trapp provided security at various oilfield locations in Texas.

Mr. Trapp, who worked in and around San Antonio, Texas, alleges that he was wrongfully classified as an independent contractor. The FLSA requires that certain employees receive additional pay for each hour they work over 40 per week. This is true even if the employee is paid a salary, and even if the employer has classified the employee as an independent contractor. This lawsuit alleges that Mr. Trapp is owed unpaid wages, penalties, attorney’s fees and costs.

If you worked in the oilfield and were classified as an independent contractor, there is a very good chance you should have been classified as an employee. A number of employers purposefully classify their employees as independent contractors to avoid paying overtime.

If you or someone you know worked for Tier One Security, Inc., contact overtime attorney Doug Welmaker at Dunham & Jones, PC, at 1-800-344-4444 today.

Filed Under: Lawsuits Tagged With: ,
posted on March 20, 2014 by

Lawsuit filed: Former Austin manager of Teji’s LLC sues for minimum wage and overtime violations

On March 20, 2014, the overtime lawyers at Dunham & Jones, P.C. filed suit in Federal Court in the Western District of Texas, Austin Division against Teji’s LLC and Lakhmir Singh, Individually, on behalf of former employee Elizabeth Raimondi, alleging both minimum wage and overtime violations. Teji’s LLC operates several restaurants in Austin, Texas under the name Teji’s Indian Restaurant and Grocery.

Ms. Raimondi was a manager who was paid on an hourly basis. Surprisingly, Defendants classified Raimondi as an independent contractor, in spite of the fact that she met none of the tests for being an independent contractor. In addition to denying employees overtime, wrongfully classifying employees as independent contractors causes employees to pay more in taxes at the end of the year.

Raimondi filed suit under the Fair Labor Standards Act (“FLSA”) alleging that she frequently worked more than 40 hours per week, but was never paid time and one half for these hours.

If you or someone you know worked for Teji’s Indian Restaurant and have a question about your entitlement to overtime, contact Doug Welmaker at Dunham & Jones, PC, at 1-800-344-4444 today.

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posted on March 18, 2014 by

Lawsuit filed: San Antonio cable installer was wrongfully classified as an independent contractor to avoid payment of overtime

On March 18, 2014, the labor lawyers at Dunham & Jones, P.C. filed suit in Federal Court in the Western District of Texas, San Antonio Division against Global Optics San Antonio LP on behalf of former employee Jacob Pedraza, alleging both minimum wage and overtime violations.

Mr. Pedraza, who was employed by Global Optics San Antonio, LP to install cable, filed suit under the Fair Labor Standards Act (“FLSA”) alleging that he frequently worked more than 40 hours per week, but was never paid time and one half for these hours. Global Optics also wrongfully classified Mr. Pedraza as an independent contractor. Many employers think that they can avoid payment of overtime if they simply classify their employees as independent contractors.

If you or someone you know worked for Global Optics San Antonio, LP, and were wrongfully classified as an independent contractor, or have a question about your entitlement to overtime, contact Doug Welmaker at Dunham & Jones, PC, at 1-800-344-4444 today.

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posted on January 10, 2014 by

Lawsuit filed: Oilfield helpers sue Peak Oilfield Services & Select Energy Services for unpaid overtime

On January 10, 2014, the overtime attorneys at Dunham & Jones, P.C. filed suit in Federal Court in Victoria, Texas against Peak Oilfield Services & Select Energy Services on behalf of Quinnton Avery and Julio Cruz for unpaid overtime.

Mr. Avery and Mr. Cruz were employed in the oilfield as helpers. They allege they were misclassified as independent contractors and paid straight-time rather than time and one half for overtime hours.

If you or someone you know worked for Peak Oilfield Services & Select Energy Services and have a question about your entitlement to overtime, contact Dunham & Jones, P.C., at 1-800-344-4444 today.

Filed Under: Lawsuits Tagged With: , , ,
posted on December 2, 2013 by

Lawsuit filed: Pflugerville office manager was illegally classified as an independent contractor in order for employer to avoid paying overtime

On December 2, 2013, the employment attorneys at Dunham & Jones P.C. filed suit in Federal Court in Austin, Texas against Texas Tech Solutions, Inc. and Anthony Bealieu on behalf of former office manager George Cole, alleging overtime violations.

Mr. Cole 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. Notably, after Mr. Cole complained about Defendants’ illegal refusal to compensate him for all hours worked, he was fired.

Mr. Cole, who worked in Pflugerville, Texas, alleges that even though he was a manager, he was illegally classified as an independent contractor in order for his employer to avoid paying him, among other things, overtime pay.

If you or someone you know has worked for Texas Tech Solutions, inc. and/or for Anthony Bealieu, contact Doug Welmaker at Dunham & Jones, PC, at 1-800-344-4444 today.

Filed Under: Lawsuits Tagged With: ,
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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