Case Title: Garza v. F&A Drywall Construction Inc.
Case No. 2:18-cv-00079
On March 21, 2018, we filed this collective action on behalf of all current and former employees who worked for F&A Drywall as independent contractors or employees and were paid by the hour but were not paid overtime.
What is the Case about?
We filed this collective action against F&A Drywall in the U.S. District Court for the Southern District of Texas for a class of hourly employees who were not paid overtime.
The Case alleges that F&A Drywall violated the Fair Labor Standards Act by misclassifying hourly employees as independent contractors and wrongfully denying them overtime. Specifically, these workers were paid a by the hour, but were not paid overtime.
Plaintiff believes that he and other hourly employees are entitled to recover unpaid overtime, interest on the unpaid wages, liquidated damages, attorney’s fees, and costs.
Who is Eligible for this Case?
Anyone who worked for F&A Drywall as an hourly worker in the past three years and was not paid overtime is potentially eligible for the Case.
How do I Join the Case?
You may join the Case by e-signing the Consent Form. You may also print out the form, sign it, and mail it to our office at, 819 North Upper Broadway, Corpus Christi, TX 78401. It is important to sign and return this form as quickly as possible because the time period for your recoverable wages will depend on when this form is filed with the Court.
Can I be fired for joining?
The law prohibits Employers, or their agents, from firing, harassing, discriminating, or retaliating against an employee for taking part in a case for back wages.
Will this cost me anything?
You will not pay anything to join this case. This case is being handled on a contingency fee basis. Our firm will only be paid if we win the case and recover your back wages. Our payment will come out of the recovery amount.
We filed this Case on March 21, 2018.
Defendants filed their answers on April 18, 2018.
We submitted our Motion for Conditional Certification of the class on July 11, 2018.
We have a hearing on the Motion to Certify the class on October 5, 2018.