Ameri-Tex Services, Inc.
Case Information:
This is a Fair Labor Standards Act (FLSA) case brought by Kendell Hill, a current driver for Ameri-Tex Services, Inc. The lawsuit claims that Ameri-Tex Services, Inc. refused to pay overtime to any of its drivers or assistants (throwers) even though these employees often worked over forty hours per week. Instead, Ameri-Tex Services, Inc. would pay its drivers and assistants a day rate for all hours worked, without paying any overtime premiums for hours worked over forty.
The suit also alleges that the day rate Ameri-Tex Services, Inc. paid to some of its employees was so low that their effective hourly rate fell below minimum wage. As such, this suit seeks damages for both unpaid overtime compensation and unpaid minimum wages.
The lawsuit requests lost wages liquidated (double) damages, injunctive relief, and attorneys’ fees.
You can read the Complaint here.
Any class members interested in joining the case will need to return the Consent Form within sixty days from the date the notices were mailed.
Status Updates
July 2, 2019 - Court Approves Conditional Class Certification
On July 2, 2019, the Court approved the parties’ Stipulation of Conditional Class Certification. You can read the Order here. The Court approved the Notice and Consent Form and ordered that we send the Notice and Consent Form to all individuals who worked for Ameri-Tex as a driver or a thrower at any time after July 2, 2016 who were not paid overtime compensation. The Court also approved a Text Message Notice to be delivered to all class members. We plan to send out notice as soon as we have all necessary information, which we expect to have within the next 14 days. Any class members interested in joining the case will need to return the Consent Form within sixty days from the date the notices were mailed.
March 15, 2019 - Complaint Filed
You can read the Complaint here.