NEW ORLEANS – A driver alleges he was not properly compensated for all hours worked for delivering mattresses.
Perry Blair filed a complaint on behalf of all other persons similarly situated on Aug. 24 in the U.S. District Court for the Eastern District of Louisiana against Mattress Firm Inc., Larry R. Pack Enterprises Inc. and Larry Pack alleging violation of the Fair Labor Standards Act.
According to the complaint, the plaintiff alleges that he worked 60 to 70 hours per week but was not paid the rate of one-and-a-half times his hourly rate for all hours worked in excess of 40 hours a workweek. The plaintiff holds Mattress Firm Inc., Larry R. Pack Enterprises Inc. and Pack responsible because the defendants allegedly treated him as exempt from the FLSA’s overtime requirements and never paid him proper overtime compensation.
The plaintiff requests a trial by jury and seeks an order certifying this case as a collective action, payment for all unpaid overtime wages due, attorneys’ fees and costs, prejudgment and post-judgment interest and such other relief as the court deems equitable. He is represented by attorneys 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-14119