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Merchandising Consultant Paid a Day Rate With No Overtime Files Collective Action

On Wednesday, April 25, 2018, Moreland Law Firm, P.C. filed suit in Federal Court in Austin, Texas against TouchPoint 360, LLC and E.A. Langenfeld Associates, Ltd. (TouchPoint). The case was filed on behalf of Donna Arugu and a class of TouchPoint workers who were paid a day rate with no overtime compensation for hours they worked in excess of 40 in a workweek.

Arugu brings claims under the Fair Labor Standards Act (the "FLSA") against TouchPoint. The FLSA is the federal law that requires covered employers pay their employees the minimum wage and overtime. Employers that violate the FLSA are subject to double damages for all of the wages they deprived their workers. Employers are also responsible for the employee's attorneys' fees and costs if the employee prevails.

The lawsuit claims that TouchPoint paid a number of their workers only a day rate (and the occasional "layover bonus"), with no overtime compensation, regardless of the number of hours those individuals worked in a workweek. It is Arugu's position that this payment scheme is illegal under the FLSA because it deprives workers of overtime compensation at time and a half their regular rates of pay for all hours worked over 40 in a workweek.

In the lawsuit, Arugu is requesting lost wages, liquidated (double) damages, injunctive relief, and attorneys' fees and costs.

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