Plaintiffs File a FLSA Collective Action Lawsuit for Unpaid Overtime Wages

Plaintiffs Chris B., Jolene F., and Rene R., file a wage and hour collection action lawsuit in Texas federal court purporting allegations of violations of the Fair Labor and Standards Act (FLSA).

According to their FLSA collective action lawsuit, the claim is filed against defendants Fusion Logistics Inc. and Premium Transportation Staffing Inc.

The plaintiff, Chris B., worked as a courier. Jolene, according to the FLSA collective action lawsuit, worked as a courier and dispatcher, and Rene also worked as a courier and dispatcher. The FLSA collective action lawsuit maintains that the “defendants’ primary business purpose is to provide delivery services, and defendants employ courier drivers and dispatchers to accomplish this goal.”

The complaint, according to their FLSA lawsuit, is that the plaintiffs each regularly performed their services for work more than the full-time forty hours per week. However, as regulated by the FLSA, they were not paid any overtime premium “for hours that they worked over forty hours per week.”

As maintained in the FLSA collective action lawsuit, “if any courier worked more than forty hours per week, defendants’ policy was not to pay that courier an overtime premium of one and one half times the couriers’ regular rate for the hours over forty.”

In addition, the employees who worked as dispatchers were also not paid any overtime payment.

The FLSA collective action lawsuit argues that the defendants should have been aware that the hours worked by dispatchers and couriers require them to work an excess of forty hours per week. But “defendants failed and refused to compensate plaintiffs for their work as required by the FLSA.”

According to the U.S. Department of Labor, “the FLSA establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and in Federal, State, and local governments.”

Lawsuits that are in response to violations of the FLSA are filed as “collective actions.” By filing such lawsuits, workers are able to fight to obtain and recover unpaid wages.

The Department of Labor (DOL) maintains that more than 70% of employers are in violation of the FLSA. These lawsuits, therefore, help end violations of the FLSA that are used to harm employees.

In addition to violations of the FLSA that pertain to employees not being paid overtime for hours worked over 40 hours, other common violations may also include the following:

• Misclassification of exempt employees
• Independent contractor misclassification
• Off-the-clock work
• Unpaid on-duty meal and rest breaks
• Improper calculation of the regular rate
• Improper deductions from salaried employees
• Illegal tipping practices
• Failure to pay minimum wage
• Failure to pay overtime

The FLSA Collective Action Lawsuit is Case No. 3:17-cv-02650-N, in the U.S. District Court for the Northern District of Texas, Dallas Division.

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