On Thursday, October 11, 2018, Moreland Verrett, P.C. filed suit in Federal Court in Midland, Texas against a group of employers owned by Bishop Lifting Products, Inc. (“Bishop”). The case was filed on behalf of Joseph Kirby, II and a class of technicians.
Kirby brings claims under the Fair Labor Standards Act (the “FLSA”) against Bishop. The FLSA is the federal law that requires covered employers pay their employees the minimum wage and overtime. Employers that violate the FLSA are subject to double damages for all of the wages they deprived their workers. Employers are also responsible for the employee’s attorneys’ fees and costs if the employee prevails.
The lawsuit claims that Bishop misclassified its technicians—individuals unspooling, repairing, and respooling cable wires on wire line vehicles—as exempt from the overtime protections of the FLSA by paying them a salary with no additional overtime compensation. The lawsuit alleges that Bishop should have paid the technicians overtime compensation in addition to their salary for hours worked in a week over forty.
In the lawsuit, Kirby is requesting lost wages, liquidated (double) damages, injunctive relief, and attorneys’ fees. You can view the Complaint here.
