SAN FRANCISCO – A laborer is suing his former employer over allegations he was not paid overtime wages.
Humberto Pelayo filed a complaint on March 29 in the U.S. District Court for the Northern District of California against S.J. General Building Maintenance Inc., Armando Madera Lamas, Onorio Lamas, Roy Lamas and Jose Luis Lamas, citing violation of the Fair Labor Standards Act and California labor codes.
According to the complaint, the plaintiff alleges that he worked for more than 40 hours per work week during his employment but did not receive any overtime pay for all those hours worked. The plaintiff holds the defendants responsible because the defendants allegedly failed to pay minimum and overtime wages to their employees as well as provide accurate itemized wage statements.
The plaintiff seeks all damages not limited to wages, earnings and other compensation according to proof, liquidated damages, earned but unpaid wages as equitable relief, imposing all penalties provided by law including interest, prejudgment interest, all legal fees and any other relief as the court deems just. He is represented by Tomas E. Margain and Huy Tran of Justice at Work Law Group in San Jose.
U.S. District Court for the Northern District of California Case number 5:16-cv-01538-PSG