Texas Worker Files Overtime Pay Lawsuit

Sherman, TXA Texas contract worker has decided to file an overtime pay lawsuit against his employer, claiming he worked longer than 40 hours per week and was not properly compensated, the Southeast Texas Record reports.

According to the lawsuit, Sammy Gene Kinder is accusing Encana Oil & Gas of violating the provisions of the Fair Labor Standards Act by not paying him the overtime compensation.

While Kinder worked as a gas exploration "contract" worker for the company, he claims he had the same responsibilities as a regular employee and that he should have been paid the same as the others, the lawsuit states.

The worker claims Encana labeled him a "contract" worker in order to avoid legal duties. Kinder allegedly was required to drive 50 miles to the worksite using his own truck and maintain liability insurance, according to the news provider.

Kinder is seeking an unspecified award for all of his unpaid overtime compensation and benefits not provided to him under the Employment Retirement Income Security Act (ERISA). He reportedly left the company in September.

According to the Fair Labor Standards Act, employers are required to pay "covered employees not less than one and one-half times their regular rate of pay for all hours worked in excess of 40 in a work week, unless the employees are otherwise exempt."