BATON ROUGE — A man is suing his former employer alleging it violated the Fair Labor Standards Act.
Jose Flores was employed by ACOS Construction and Cleaning Services for about five months in 2023 — from March until July, according to a complaint filed on Oct. 11 in U.S. District Court for the Middle District of Louisiana.
Flores claims he worked about 50 hours per week. He claims during his employment, ACO violated FLSA.
Despite being a non-exempt employee, the plaintiff was not paid overtime at the mandated rate of one and one-half times his regular hourly rate for hours worked beyond 40 per week, according to the suit.
Flores claims the defendant, with annual revenues exceeding $500,000, willfully violated the FLSA by failing to pay him the required overtime wages.
Flores claims when he worked more than 40 hours, he was only paid his regular rate, regardless of the number of hours he worked, and not an overtime rate.
"The defendant knowingly and willfully violated the FLSA," the complaint states.
Flores claims the FLSA mandates that non-exempt employees are entitled to overtime pay at a rate of no less than one and one-half times the employee’s regular rate for the hours they work over 40 each week.
Flores is seeking compensatory and liquidated damages. He is represented by Daniel B. Davis and Randall E. Estes of Estes Davis Law in Baton Rouge.
U.S. District Court for the Middle District of Louisiana case number: 3:23-cv-01471