Former employees have sued their employer in the Western District of Texas, Midland-Odessa division, for violations of the Fair Labor Standards Act (“FLSA”), the New Mexico Minimum Wage Act (“NMMWA”), and the California Labor Code. The plaintiffs were all former structured cabling technicians who alleged that they regularly worked over 40 hours per week. The plaintiffs were paid a salary but never received overtime pay for all their hours worked over 40 in a given week. During their time with the defendant, the plaintiffs typically worked 70-80 hours per week. Yet, the plaintiffs did not receive any additional compensation for the hours worked above 40 in a week, and thus the defendant denied them overtime pay in violation of federal, New Mexico and California law.
Under the FLSA, employers are required to pay their non-exempt workers time and a half their regular rate of pay for all hours worked over 40 in a given workweek. Under the NMMWA, workers “have a right to compensation at one and one-half times their regular hourly rates for all hours worked in excess of 40 hours” during a seven day period. See Section 50–422(D). The California Labor Code requires payment of overtime premium pay for all hours worked by non-exempt employees in excess of eight in one day or 40 hours in one week and for the first eight hours on the seventh-straight day of work in one workweek. Lab. Code §510; 8 Cal. Code Regs. § 11160, subd. 3(A). California law further requires payment of double-premium pay for all hours worked by non-exempt employees in excess of twelve hours in one day or in excess of eight hours on the seventh-straight day of work in a single workweek. Lab. Code. § 510; Cal. Code Regs. §11160, subd. 3(A). Only one plaintiff alleged violations under the California Labor Code alleging that he regularly worked over 40 hours while he was in California. He also regularly worked more than 8 hours in a day and at least 7 straight days while he was in California. Nonetheless, he was paid a salary, and thus he was not paid overtime or double-time premium wages under California law. Thus, the plaintiff alleged the defendant violated the California Labor Code’s overtime and double-time provisions
According to the suit, CampTek, Inc. provides turnkey integrated technology systems dedicated to connecting remote work camps to the rest of the world by designing and deploying communication networks.
Borsellino, P.C. focuses on unpaid overtime cases and is standing by to hear your issue. If you have a claim for unpaid overtime and you believe you have not been paid for all your hours, consider speaking with an attorney today. Josh Borsellino is a FLSA attorney that fights hard for your rights. He offers free consultations and can be reached at 817.908.9861 or 432.242.7118.
