Accusations Amid Lawsuit Against Valero of Unpaid Overtime

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Beaumont, TXA class action lawsuit against Valero Energy, the ostentatious oil business, is pending in the Jefferson County District Court at this time. The lawsuit was filed by a representative of a group of contractors who were working for Bay Limited at Valero Energy. Bay Limited is listed as a defendant in the case. Allegations within the lawsuit say that Valero Energy skirted paying overtime wages to a group of contractors. Valero Energy is accused of using the classification of "per diem" which caused contractors to incur unpaid overtime. Bay Limited is accused of having involvement in the unpaid overtime situation as well. The wages were paid on a weekly basis with the erroneous "per diem" categorization.

Electrical TechnicianMr. Benoit whom the lawsuit was filed for was an electrical technician for Bay Limited. He worked from March 31st through April 8th for more than forty hours on a weekly basis. The lawsuit is standing on the Fair Labor Standards Act to assert that the hours he worked above and beyond forty per week should have been paid at 1 ½ times the hourly wage amount he normally earns. The classification gave the employer the ability to pay less than the expected overtime amount to Mr. Benoit.

Recovery is permitted under Federal Laws for anyone that has their rights violated under the Fair Labor Standards Act. Bay Limited is accused of having made an arrangement to compensate the workers $55.00 daily on a "per diem" basis. Yet, they did not follow through on their promise regarding the arrangement. Their lack of follow through in the situation is considered a breach of contract with the employees.

Mr. Benoit was the employee of Bay Limited. However, it has been determined that Valero Energy is the one who set forth the details and terms of his employment. It was Valero's decision to inappropriately categorize his wages as per diem and neglected to pay the overtime due to him. This is stated within the details of the lawsuit. Valero Energy holds responsibility along with Bay Limited for all damages received by the plaintiffs in the lawsuit.

All of the members of the class action lawsuit along with Mr. Benoit are making claims that they have unpaid overtime wages that they have rights to receive. They are claiming that the unpaid overtime wages are at 1 ½ times their real regular rate of pay per hour. Since the defendants have broken the Fair Labor Standards Act each plaintiff is also eligible to recover further compensation at an equal share of liquidated damages. In addition, the plaintiffs will also have the ability to secure their attorney costs, and any interest incurred for pre-judgment and post-judgment interest on the damages. Judge Donald Floyd with the 172nd Judicial District will be presiding over the case which was filed on April 18th.

By: Delsia Hartford

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