Suit Alleges Company Failed to Provide Employees with Proper Overtime Wages
DALLAS (April 8, 2015) – The national law firm of Baron & Budd has filed a lawsuit against DXP Enterprises, Inc. alleging that the company failed to provide workers the proper amount of overtime pay in violation of the Fair Labor Standards Act (FLSA). The case is being heard in the U.S. District Court for the Southern District of Texas, Houston Division. (In Re: Case No. 4:15-cv-794)
The FLSA requires companies to pay their employees at least one and one-half times their regular rate of compensation for hours worked in excess of 40 per week. While there are certain exceptions to the Act, in general all remuneration the employee receives must be included in the regular calculation of his or her pay. While many salaried employees are entitled to overtime pay, depending on their job duties, almost all employees paid on an hourly or day rate basis are due overtime pay regardless of their job duties. In this case, the employees were paid on a day rate basis, worked in excess of 40 hours per week, but were not paid corresponding overtime compensation.
The plaintiff in the case works as a safety supervisor with DXP in and around South Texas. His main job duties involve testing for poison gas at and around oilfield wellsites. Like many other DXP employees, he was paid on a day rate basis, but was not paid overtime premium compensation for hours worked in excess of 40 per workweek.
“No employee should be denied the proper amount of overtime pay – especially those who work around hazardous materials day in and day out,” said Allen Vaught, manager of the Employment Law Section of the national law firm of Baron & Budd. “We will fight vigorously on behalf of all employees who were denied the compensation they rightly deserve.”
About Baron & Budd, P.C.
The law firm of Baron & Budd, P.C., with offices in Dallas, Baton Rouge, Austin and Los Angeles, is a nationally recognized law firm with a 35-year history of "Protecting What’s Right" for people, communities and businesses harmed by negligence. Baron & Budd’s size and resources enable the firm to take on large and complex cases. The firm represents individuals, governmental and business entities in areas as diverse as water contamination, Gulf oil spill, Qui Tam, California Proposition 65 violations, dangerous medications and medical devices, Chinese drywall, insurance claims, consumer fraud, securities fraud and asbestos-related illnesses such as mesothelioma.