Houston wage lawyers strike major Victory for Texas employees before federal court of appeals. Coast to Coast employees' claims still alive.
After two years, over 40 individuals have cleared a major hurdle when the 5th Circuit Court of Appeals agreed they had a right to pursue their minimum wage claims against their employer. Kennedy Hodges LLP filed the lawsuit 2008 on behalf of current and former hourly-paid "chippers" who worked for Coast to Coast, Inc. performing concrete removal work. They alleged they were not paid even the federal minimum wage.
The employees traveled around the country to job sites, removing hardened concrete from mixer drums. Kennedy Hodges LLP has been actively representing these workers from the beginning. Over 40 concrete workers hired our firm to push their claim forward.
District Court judgment reversed after appeal by Kennedy Hodges
The district court initially reviewing this case granted summary judgment against the concrete workers, but we appealed the judgment to the Fifth Circuit Court of Appeals. Last week the court reversed the summary judgment, opening the way for the employees to fully prosecute their claims for minimum wage.
Concrete chippers and foremen eligible for minimum wage
The employees were rig drivers, concrete chippers, and foremen. Their primary duties involved loading trucks and departing to various job sites nationwide. They were paid hourly only for the time between their arrival and departure from a job site.
The appeals court ruled in favor of the employees, holding that the workers were employees entitled to minimum wage. The court stated that the following all supported its finding:
- Chippers regularly worked over 40 hours in a week while traveling
- Employees performed the same or similar duties and are similarly situated
- Employees worked side by side with other crew members
- Employees were not paid for time spent before departure or travel time in between job sites.
- Employer admitted to deducting $28 from every worker's check for worker's compensation insurance, reducing the employee's pay below minimum wage.
Take a few moments to have our employment attorneys review your worker status and job duties. You may be surprised to find your employer has not been following the Fair Labor Standards Act. Order our free book today to learn more about wage and overtime claims, or contact us for a free case review at 888-449-2068.
Category: Other Workers We Help
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