Two operators are suing former employer for alleged unpaid wages

By Michael Abella | Aug 7, 2016

Two operators accuse Magnolia Torque & Testing, Inc. of unpaid wages

LAFAYETTE — Two operators have filed a class-action lawsuit against Magnolia Torque & Testing, Inc., a former employer, citing alleged violation of workers compensation acts.

Simon Joseph Dubois and Joseph Conwell filed a complaint on behalf of all others similarly situated on July 27, in the U.S. District Court for the Western District of Louisiana against Magnolia Torque & Testing, Inc. alleging that the former employer violated the Fair Labor Standards Act.

According to the complaint, the plaintiffs allege that Simon Joseph Dubois and Joseph Conwell often worked for weeks consisting of 84 hours or more without receiving overtime compensation. They were paid a base salary, an hourly rate and a ticket bonus regardless of the number of hours worked. The plaintiffs holds Magnolia Torque & Testing, Inc. responsible because the defendant allegedly illegally practiced not paying them overtime compensation by misclassifying them as exempt from the overtime requirements.

The plaintiffs request a trial by jury and seek an order certifying this case as a collective action, award for all unpaid wages, liquidated damages, and/or penalties, pre- and post-judgment interest and such other relief as may be necessary. They are represented by Kenneth D. St. Pe of Kenneth D. St. Pe LLC in Lafayette.

U.S. District Court for the Western District of Louisiana Case number 6:16-cv-01100

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