NEW ORLEANS – A laborer alleges his former Kenner employer failed to pay the correct rate for overtime work and has filed a class-action suit.
Horian Elias Maradiaga, individually and on behalf of all others similarly situated filed a complaint, on April 14 in the U.S. District Court for the Eastern District of Louisiana against C.M.C. Drywall Inc. and Tulio Murillo alleging that they violated the Fair Labor Standards Act.
According to the complaint, the plaintiff alleges that between 2013 and August 2016, plaintiff suffered monetary damages for not being paid one-and-a-half times his regular hourly rate for all hours worked in excess of 40 per week. The plaintiff holds C.M.C. Drywall Inc. and Murillo responsible because the defendants allegedly paid him regular wages instead of the proper overtime pay rate.
The plaintiff requests a trial by jury and seeks unpaid overtime wages, interest, liquidated damages, attorneys’ fees and costs and such other general and 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-03469