NEW ORLEANS – A painter and sand blaster has filed a class-action lawsuit against his former Lafitte employer over allegations that he was not paid at the correct rate for overtime work.
Bismark Mairena-Rivera, individually and on behalf of all others similarly situated filed a complaint on June 14 in the U.S. District Court for the Eastern District of Louisiana against Tom’s Marine & Salvage LLC alleging that the shipyard operator violated the Fair Labor Standards Act.
According to the complaint, the plaintiff alleges that while working for the defendant from approximately October 2015 until February, plaintiff was not paid one-and-a-half times his regular hourly rate for all hours worked over of 40 hours a workweek. The plaintiff holds Tom’s Marine & Salvage LLC responsible because the defendant allegedly willfully violated plaintiff’s rights by recklessly disregarding the overtime provisions of the FLSA.
The plaintiff requests a trial by jury and seeks an order certifying this case as a collective action, award for all unpaid wages, interest, liquidated damages, attorneys’ fees and costs and all other equitable relief as the court deems equitable. He is represented by Roberto Luis Costales, William H. Beaumont and Emily A. Westermeier of Beaumont Costales LLC in New Orleans.
U.S. District Court for the Eastern District of Louisiana case number 2:17-cv-05823