According to an article in the SeTexasRecord on February 5, 2016;
HOUSTON – A Harris County man is suing two towing companies, alleging they did not pay him overtime wages.
Shannon McCullough filed a lawsuit Jan. 27 in the Houston Division of the Southern District of Texas against Austin Towing Service and Houston Armada, both doing business as Armada Towing, alleging violations of the Fair Labor Standards Act.
The suit states that while McCullough worked for the defendants as a wrecker truck driver, from Aug. 1, 2013 to June 19, 2015, he regularly worked more than 40 hours per week and was paid $10 per hour. The complaint alleges the defendants did not pay McCullough an overtime premium for time worked more than 40 hours per week. The suit further alleges the plaintiff’s time sheets did not reflect all hours worked.
McCullough seeks to recover unpaid overtime compensation, minimum wages, liquidated damages, interests, and attorney fees and costs. He is represented by attorneys Thomas H. Padgett, Jr., Charles L. Scalise and Daniel B. Ross of Ross Law Group in Bellaire and Austin.
Houston Division of the Southern District of Texas Case number 4:16-CV-00237
It’s common for tow companies, booting companies and vehicle storage facilities to pay their workers as contract labor (1099).
These companies abuse their workers having them work long hours, seven days a week, paying them in cash in some cases, to avoid paying health insurance, IRS 941 employment taxes with zero benefits.
This lawsuit should serve as notice to tow, booting and vehicle storage facility owners, if you own the tow truck, vehicle storage facility, or booting company and tell a driver or employee when to come and go to work, these workers by the Federal Tax Law are “employees”.
If your employer is not paying you overtime, but are working over 40 hours, your due your compensation by Federal Law and the law firm above will make sure your paid.
There are good and decent employees within the Towing, Booting and Storage Industries in Texas, as they deserve the same respect and compensation as anyone else in the workplace.
Armada Towing Service is a contractor for Auto Return, the Austin Police Department’s towing management authority.