LAFAYETTE – A rigger has filed a class-action lawsuit against his Gibson employer over allegations he was not paid the correct overtime wage.

Magdaleno Bibian Magana filed a complaint on behalf of himself and other persons similarly situated on Nov. 30 in the U.S. District Court for the Western District of Louisiana against Shore Construction LLC and Kristi Caton alleging violation of the Fair Labor Standards Act.

According to the complaint, the plaintiff alleges that during his employment with defendant, he normally worked over 40 hours a week but was not paid one-and-a-half times his hourly rate for all hours worked in excess of 40 hours a workweek. The plaintiff holds Shore Construction LLC and Caton responsible because the defendant allegedly willfully violated the overtime provisions of the FLSA by failing to pay the correct rate of premium pay.

The plaintiff requests a trial by jury and seeks an order certifying this case as a collective action, compensation for all unpaid overtime wages due and owing, plus liquidated damages, attorneys’ fees and costs, and all other equitable relief as the court deems just. He is represented by Roberto Luis Costales and Emily A. Westermeier of The Costales Law Office in New Orleans and William H. Beaumont of Law Office of William H. Beaumont in New Orleans.

U.S. District Court for the Western District of Louisiana Case number 6:16-cv-01653

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U.S. District Court for the Western District of Louisiana
515 Murray St
Alexandria, LA 71301

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