Case 4:16-cv-02806 Document 1 Filed in TXSD on 09/16/16 Page 1 of 8
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION JOHN CRAIN, AND ALL OTHERS SIMILARLY SITUATED UNDER 29 U.S.C. 216(B), Plaintiff, v.
Civil Action No. 4:16-cv-2806
EXPRESS ENERGY SERVICES, L.L.C., Defendant.
PLAINTIFF’S ORIGINAL COMPLAINT Plaintiff John Crain (“Plaintiff”), individually and on behalf of all others similarly situated, files this Original Complaint against his former employer, Express Energy Services, L.L.C. (“Defendant” or “Express”), and in support states the following: I. 1.
SUMMARY
Plaintiff and other non-exempt employees in Defendant’s Rathole Division
worked well in excess of 40 hours per week for Defendant on a regular basis. Defendant violated the Fair Labor Standards Act (“FLSA”) by failing to include all required remuneration, including but not limited to non-discretionary bonus pay, into their regular rate when calculating and paying Plaintiff and Class Members overtime compensation. II. 2.
PARTIES
Plaintiff John Crain is an individual who worked for Defendant as an hourly
employee within the last two years at locations in Texas, Louisiana, North Dakota, Ohio, and Oklahoma. He has attached his consent to participate in this suit as Exhibit A.
PLAINTIFF’S ORIGINAL COMPLAINT
Page - 1