NEW ORLEANS – A Kenner commercial and residential construction company is accused of only paying a laborer a flat daily rate regardless of the hours worked.

Lidio Lopez, individually and on behalf of all others similarly situated, filed a complaint on March 17 in the U.S. District Court for the Eastern District of Louisiana against ASJ Construction Group LLC and Alfonso Sanchez alleging violation of the Fair Labor Standards Act.

According to the complaint, the plaintiff alleges that, between May 2014 and December 2016, he worked for the defendants for more than 40 hours per week but was not paid one-and-a-half times his regular hourly rate for all hours worked for overtime work. The plaintiff holds ASJ Construction Group LLC and Sanchez responsible because the defendants allegedly paid him $120 per day and even if he worked in excess of 40 hours in any particular week, he was still paid $120 per day.

The plaintiff requests a trial by jury and seeks an order certifying this case as a collective action, award for all unpaid overtime wages due and owing, attorneys’ fees and costs and such other general and equitable relief. He is represented by Roberto Luis Costales, William H. Beaumont and Emily A. Westermeier of Beaumont Costales in New Orleans.

U.S. District Court for the Eastern District of Louisiana Case number 2:17-cv-02241

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