NEW ORLEANS – A former
employee for a Metairie-based construction company alleges he was only paid
straight time for overtime hours worked and has filed a class-action suit.
Ricky Riojas filed a complaint on behalf of
individually and on behalf of all others similarly situated filed a complaint
on Jan. 27 in the U.S. District Court for the Eastern District of Louisiana
against Barriere Construction Co. LLC alleging that the employer violated the
Fair Labor Standards Act.
According to the complaint, the plaintiff
alleges that he normally worked more than 40 hours in a week without being paid
proper overtime compensation at the rate of time-and-one-half his regular rate
for all hours worked in excess of 40 per week. The plaintiff holds Barriere
Construction Co. LLC responsible because the defendant allegedly paid him the
same hourly rate for all hours worked, including those in excess of 40 in a
workweek. The suit states the plaintiff worked for the defendant from January
to October 2016.
The plaintiff requests a trial by jury and seeks
an order allowing this action to proceed as a collective action, award for all
unpaid overtime compensation, liquidated damages, attorneys’ fees and costs,
pre- and post-judgment interest and such further relief he may be entitled. He
is represented by Richard J. (Rex) Burch and Matthew Parmet of Bruckner Burch
PLLC in Houston, Texas and Michael A. Josephson of Fibich, Leebron,
Copeland, Briggs & Josephson in Houston, Texas.
U.S. District Court for the Eastern District
of Louisiana Case number 2:17-cv-00758