The Texoma, Texas, Council of Governments has been accused of intentionally misclassifying a worker in order to avoid compensating her for overtime employee attendance, according to the Southeast Texas Record.
Peggy Shelley claims that in her position as a 911 program manager, she was not required to exercise discretion or independent judgment. Because of this, the job did not meet the criteria for exemption from Fair Labor Standards Act provisions.
Shelley is suing the council for time and attendance back wages, as well as attorney's costs, liquidated damages, expenses and interest, according to the news source.
A similar FLSA lawsuit was leveled at Lewisville-based Viva Railings last month by former employee Gary Medeiros, according to a separate article by the news source.
Medeiros claims he worked an average of 60 to 70 hours per week while employed by the company between November 2008 and June of last year. He is seeking an award of damages for overtime back pay, physical pain, mental anguish and emotional distress, punitive damages, attorney's fees, court costs and interest.
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