Truck Operator Files Lawsuit Alleging Unpaid Overtime Wages

An Atlanta plaintiff has filed an upaid overtime wages lawsuit against MVG Trucking Co., a Domestic Profit Corporation, and Marvin Gavins, individually, alleging violations of federal and state labor statutes.

Plaintiff Tyrus H., alleges that the defendants failed to pay for overtime wages earned according to the Fair Labor Standards Act.

Tyrus is currently seeking relief, damages and “reasonable attorney’s fees, pursuant under the Fair Labor Standards Act.” This unpaid overtime wages lawsuit is being filed in the federal court for the Northern District of Georgia.

According to the unpaid overtime wages lawsuit, the plaintiff was allegedly paid an hourly wage as a dump truck operator. His job entitled him to transport dirt, rock, and salt and to also transport to contractors while completing other related duties under his job description.

He had also worked for the defendant between Jan. 20, 2016 and March 13, 2017.

According to the unpaid overtime wages lawsuit, he typically earned between $500 and $1,000 per week. He also alleges that he worked, on average, an excess of 40 hours per week per his regular job description.

The unpaid overtime wages lawsuit further alleges that he worked on average an excess of more than 55 hours per week. As maintained in the overtime wages lawsuit, the “defendants failed to pay plaintiff overtime compensation at a rate of no less than time and one half his regular rate of pay for all hours worked over forty (40) in a workweek.”

Additionally, allegations mentioned in the overtime wages lawsuit claim that the defendants had “classified plaintiff as an independent contractor.” But, as maintained in the unpaid overtime wages lawsuit, he was still “eligible for overtime provided they worked more than forty (40) hours per week.”

The plaintiff is filing the lawsuit alleging two specific claims: Count I- Recovery of Overtime Compensation Versus MVG Trucking Co, and Count II- Recovery of Overtime Compensation Versus Marvin Gavins, Individually.

Under Count I, for Recovery of Overtime Compensation against MVG Trucking, Tyrus claims the “defendants repeatedly and willfully violated Section & and Section 15 of the FLSA by failing to compensate plaintiff at a rate not less than one and one-half times the regular rate at which he was employed for workweeks longer than forty (40) hours while it knew that overtime compensation was required under the law.”

Under Count II, Recovery of Overtime Compensation against Marvin Gavins, Individually, the plaintiff claims Marvin Gavins, the manager and sole corporate office of MVG Trucking Co., “is charged with responsibility for violations of plaintiff’s rights to overtime and resulting damages.”

Marvin Gavins is also being charged for not properly paying the plaintiff the alleged earned amount of “one and one-half the regular rate of pay for the hours worked.”

The plaintiff is requesting a trial by jury.

The Unpaid Overtime Wages Lawsuit is Case No. 1:17-cv-02412-MHC, in the U.S. District Court for the Northern District of Georgia, Atlanta Division.

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