NEW ORLEANS – A painter has filed a collective lawsuit against a Louisiana industrial painting company claiming that workers were only paid straight time and were not paid any overtime wages.
Juan Ortiz, on behalf of himself and others similarly situated, filed suit against Structural Protection Services and Dale P. Abreo on Dec. 21 in federal court in New Orleans.
The defendant is accused of violating the Fair Labor Standards Act by only paying straight time and not paying overtime wages.
While working as a painter, sandblaster, and welder, Ortiz claims he worked over 60 hours per week, but did not receive overtime pay for hours he worked over 40 per week.
According to the lawsuit, plaintiff’s coworkers were also denied overtime pay under the same payroll policy. The collective lawsuit will include all of defendant’s employees who were paid straight time for overtime in any workweek during the past three years.
The plaintiff is seeking an award of damages for unpaid overtime compensation, liquidated damages, attorney’s fees, costs, and interest.
Ortiz is represented by Derrick G. Earles of Brian Caubarreaux & Associates in Marksville and David I. Moulton of Bruckner Burch PLLC in Houston. A jury trial is requested.
U.S. District Judge Lance M. Africk is assigned to the case.
Case No. 2:12-cv-03029