A driver for Houston, Texas-based Woodgrain Distribution has filed a class-action lawsuit against the company alleging it does not pay its drivers overtime as required by the Fair Labor Standards Act (FLSA).

In documents filed in the Southern District of Texas U.S. Court, employee John Henderson and his representing attorney say the company’s current pay structure isn’t legal.

“Woodgrain pays its drivers $4 per stop in addition to their hourly rate,” the complaint reads. “Because these workers work far more than 40 hours a week, John Henderson and the other drivers are entitled to recover their unpaid overtime as well as other damages.”

The class-action part of the lawsuit includes “all Woodgrain Drivers employed within the last 3 years.”

According to the documents, drivers would “regularly work 12+ hours in a day, 5 days a week, every week,” and Woodgrain has electronic records of such. Henderson alleges the company didn’t follow the FLSA “willfully.”

The plaintiffs are asking for collective action, all unpaid overtime compensation, liquidated damages and attorneys’ fees.

The lawyer representing Woodgrain told DWM that the company does not comment on pending litigation.

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