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Thursday, March 28, 2024

Worker alleges Demoine Declouette did not pay overtime wages

Law money 05

NEW ORLEANS – A construction worker has filed a class-action lawsuit against a Rayne construction company seeking payment of allegedly unpaid overtime wages.

Juan Carrasco filed a complaint on behalf of all others similarly situated on June 21 in the U.S. District Court for the Eastern District of Louisiana against Demoine Declouette alleging that the employer violated the Fair Labor Standards Act.

According to the complaint, the plaintiff alleges that while he was working for defendant, he was not paid one-and-a-half times his hourly rate for all hours worked in excess of 40 hours per workweek. The plaintiff holds Demoine Declouette responsible because the defendant allegedly paid him at a fixed daily rate of $120 per day, never paid him overtime premium for all hours worked in excess of 40 hours in a week and treated him as an exempt from the FLSA’s overtime requirements.

The plaintiff requests a trial by jury and seeks declaration that the defendant’s conduct violated the FLSA, certifying this case as a collective action, judgment in the amount of all unpaid overtime wages due and owing, attorneys’ fees and costs, prejudgment and post-judgment interest and such other relief as the court deems equitable and just. He is represented by Roberto Luis Costales and Emily A. Westermeier of Costales Law Office in New Orleans and William H. Beaumont of William H. Beaumont Law in New Orleans.

U.S. District Court for the Eastern District of Louisiana Case number 2:16-cv-11128

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