NEW ORLEANS — A man is suing Grass Gator Lawn Care Company alleging employees weren't properly paid overtime pay in a class action lawsuit in federal court.
Phillip J. Roberson Jr. was employed by the defendant from February 2023 until June 8, 2023, according to a complaint filed Oct. 10 in U.S. District Court for the Eastern District of Louisiana.
Roberson claims he was paid $120 per day and he routinely worked more than 40 hours per week, but he was not paid overtime pay for his hours worked in excess of 40.
The defendant failed to pay Roberson and the putative class action members one and one-half times their respective regular rates of pay for all hours worked in excess of 40 per day, which violated the Fair Labor Standards Act, according to the suit.
"At all material times, Defendant was aware that Plaintiff and putative Collective Action Members were not paid overtime premium pay at the rate of time and one-half their respective regular rates of pay for all hours worked over forty in a seven-day workweek," the complaint states.
The defendant's failure to pay overtime wages resulted from generally applicable policies or practices, according to the suit.
Roberson is seeking all damages allowed by the FLSA, as well as liquidated damages and post-judgment interest. He is represented by Kenneth W. DeJean, Adam R. Credeur and Natalie M. DeJean of the Law Offices of Kenneth W. DeJean in Lafayette.
U.S. District Court for the Eastern District of Louisiana case number: 2:23-cv-05922