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Plaintiff Alleges Former Employer Violated Overtime Pay Laws

LOUISIANA RECORD

Thursday, November 21, 2024

Plaintiff Alleges Former Employer Violated Overtime Pay Laws

Federal Court
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A former employee has filed a lawsuit against his previous employer, accusing them of violating federal labor laws by failing to pay overtime wages. Gerson Morataya submitted the complaint on October 23, 2024, in the United States District Court for the Middle District of Louisiana against All Season’s Landscaping and Lawncare, Inc., and its president, Aaron Ulery.

The case centers around allegations that All Season’s Landscaping and Lawncare, Inc., a company involved in residential and commercial landscaping projects based in Greenwell Springs, Louisiana, along with its president Aaron Ulery, did not compensate Morataya for overtime hours worked during his employment from June 2022 through October 2024. According to the complaint, Morataya regularly worked approximately 55 hours per week but was only paid his standard hourly wage of $20 per hour without any additional compensation for overtime. The Fair Labor Standards Act (FLSA) mandates that non-exempt employees receive overtime pay at one and one-half times their regular rate for hours worked beyond 40 per week. Despite this requirement, Morataya claims he was never paid the legally required overtime rate.

Morataya's lawsuit accuses both defendants of knowingly and willfully violating the FLSA by failing to provide appropriate compensation for his overtime work. The complaint highlights that All Seasons is considered an "enterprise" under the FLSA due to its annual revenues exceeding $500,000 and its involvement in interstate commerce through activities such as post-storm cleanup on state and federal roads. Additionally, it notes that Morataya frequently handled goods and equipment manufactured outside Louisiana as part of his job duties.

In seeking justice from the court, Morataya requests damages under the FLSA including liquidated damages equal to unpaid wages. He also seeks reasonable attorney’s fees, costs associated with bringing the action forward, legal interest on any awarded sums as well as equitable relief deemed appropriate by the court to enforce compliance with labor standards.

Representing Gerson Morataya are attorneys Randall E. Estes and Daniel B. Davis from Estes Davis Law LLC based in Baton Rouge. The case is presided over by Judge John W. deGravelles with Case ID 3:24-cv-00882-JWD-RLB.

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