![Electrical Technician](/images/articles/other/valeroenergyovertimecharges.jpg)
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