A supervisor for the Deepwater Horizon oil spill clean-up has filed a lawsuit against BP in an attempt to obtain overtime wages.
Martin Schlesinger filed suit against ES&H Inc., Team Labor Force, O'Brien's Response Management Inc., BP America Inc., and Raymond Pitts on Feb. 10 in federal court in New Orleans.
Schlesinger he routinely worked in excess of 40 hours and was not paid overtime compensation for his work.
The defendants are accused of violating the Fair Labor Standards Act and for failing to maintain proper time records.
Schlesinger also alleges he was assaulted by Defendant Pitts on July 3, 2010 after having a disagreement about safety issues.
Subsequently, he filed a police report regarding the incident. The next day, his supervisors informed Schlesinger that he should drop charges against Pitts, which would trigger Pitts' arrest, or Schlesinger would not receive additional work. He dropped the charges, but states the defendants retaliated against him by placing him in less profitable work. He was terminated a short time later.
The plaintiff is asking for an award of all overtime compensation in the amount due to him, liquidated damages, attorney's fees, interest, loss of earnings, exemplary damages, loss of earning capacity and court costs.
Schlesinger is represented by New Orleans attorney Jody Forester Jackson.
U.S. District Judge Ivan L. R. Lemelle is assigned to the case.
Case No. 2:11-cv-00294