NEW ORLEANS – A manual laborer has filed a class-action lawsuit against her Metairie and Kenner employers alleging she was not paid overtime.

Wendy Nieto filed a complaint on behalf of other persons similarly situated on May 12 in the U.S. District Court for the Eastern District of Louisiana against Pizzati Enterprises Inc., Pizzati Labor Services Inc., Miriam Pizzati and Maria Murillo alleging that they allegedly violated the Fair Labor Standards Act.

According to the complaint, the plaintiff alleges that she worked for more than 40 hours a week but never received premium pay and was treated as exempt from the FLSA’s overtime requirements. The plaintiff holds Pizzati Enterprises Inc., Pizzati Labor Services Inc., Pizzati and Murillo responsible because the defendants allegedly failed to compensate her at a rate of one-and-a-half times her regular rate for all hours worked in excess of 40 in a workweek.

The plaintiff requests a trial by jury and seeks a declaration that defendants’ conduct violated the FLSA, enjoining defendants from violating the FLSA’s overtime and minimum wage provisions, compensation for unpaid wages, interest, liquidated damages, attorneys’ fees and costs, prejudgment and post-judgment interest and such other general and equitable relief as the court deems equitable and just. She is represented by Roberto Luis Costales, Emily A. Westermeier and William H. Beaumont in New Orleans.

U.S. District Court for the Eastern District of Louisiana Case number 2:16-cv-05352

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U.S. District Court for the Eastern District of Louisiana
500 Poydras Street
New Orleans, LA - 70113

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