Case 7:16-cv-00311-RAJ Document 1 Filed 08/19/16 Page 3 of 9
Defendants’ failure to include any of this Additional Pay into CE’s regular rate to calculate and pay overtime (“Overtime Miscalculation Policy”) violated the FLSA. II. 5.
PARTIES
Plaintiff Timothy Acuff is an individual who has worked for Defendants at
various sites throughout the United States within the last three years. His consent to participate is attached to this Complaint as an Exhibit. 6.
The “FLSA Class Members” consist of Defendants’ current and former CEs who
have worked for Defendants in the United States within three years of this filing who (1) were paid on a piece rate, per-job, or per-assignment basis, and/or (2) whose regular rate of pay did not include all required remuneration in the regular rate of pay. This definition includes, but is not limited to, CEs who were subject to the Uncounted Hours Policy and/or the Overtime Miscalculation Policy as defined above. 7.
Defendant Byrd Oilfield Services, LLC (“Byrd Services”) has a principal address
of P.O. Box 7269, Abilene, TX 7269 and may be served through its registered agent Kay Hight at 5019 Maple, Abilene, TX 79602, or wherever she may be found. 8.
Defendant BPU Aviation, LLC (“BPU”) is a director of Byrd Oilfield Services
that has an address of P.O. Box 7269, Abilene, TX 79608 according to the Texas Secretary of State. BPU may be served through its registered agent The Corporation Trust Company, Corporation Trust Center, 1209 Orange Street, Wilmington, DE 19801 or wherever it may be found. 9.
Defendant Mike Byrd Management, LLC may be served through its registered
agent, officer or director Mike Byrd at 1801 North Central Avenue, Hamlin, TX 79529 or wherever he may be found.
PLAINTIFF’S ORIGINAL COMPLAINT
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