Case Title: Peery v. Nixon Engineering, LLC
Case No. 6:18-cv-00358
On December 10, 2018, we filed this collective and class action on behalf of all current and former Flaggers who were employed by Nixon.
What is the Case about?
We filed this collective and class action against Nixon in the U.S. District Court for the Western District of Texas for a class of hourly employees who were not paid for all hours worked.
The Case alleges that Nixon violated the Fair Labor Standards Act by failing to pay employees for all hours worked. Specifically, Nixon does not pay employees for time spent performing pre- and post-route vehicle inspections, time spent traveling, and time spent in meetings/training.
Plaintiff believes that he and other Flaggers are entitled to recover unpaid wages, unpaid overtime, interest on the unpaid wages, liquidated damages, attorney’s fees, and costs.
Who is Eligible for this Case?
Anyone who worked for Nixon as a Flagger within the past three years 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.
December Update: This Case was filed on December 10, 2018.
January Update: Nixon filed a motion to dismiss the case on January 8, 2019.
February Update: We are preparing to file our response to their motion to dismiss.