Neri et al v. Architectural Concrete and Designs LLC et al

On October 4, 2018, former employees of Architectural Concrete and Designs LLC filed a collective action lawsuit in the U.S. District Court for the Southern District of Texas. The plaintiffs, including Jose Neri and Eduardo Neri, alleged that the company and its owner, Jason Garcia, willfully violated the Fair Labor Standards Act by failing to pay overtime wages for hours worked over 40 in a workweek. They sought recovery of unpaid wages, liquidated damages, and attorneys' fees. The case highlighted common wage and hour issues in the concrete construction sector, where laborers often work long hours on commercial projects. After discovery, the parties engaged in settlement negotiations, ultimately presenting a joint motion for approval of a settlement agreement to the court.

The parties reached a confidential settlement agreement. The court approved the settlement and dismissed the case with prejudice on May 28, 2019.

Whether the defendants willfully violated the FLSA overtime requirements, and whether the case should be conditionally certified as a collective action to allow other similarly situated workers to join.

The case underscores the vulnerability of construction workers to wage theft and the importance of FLSA enforcement. It demonstrates how collective actions empower employees to challenge systemic underpayment and encourages employers to review their payroll practices to avoid costly litigation.