O’Brien Law Firm wins some at trial, continues fighting for the rest
In a two-day trial to the bench on September 11-12, 2017, the O’Brien Law Firm presented its client’s case in a federal trial to the bench in Civil Action No. 4:16-cv-00415, in the Southern District of Texas – Houston Division. The defendants are the legal entities and owners for a chain of car stereo retail stores in Houston. In that case, O’Brien’s client alleged that he was not paid any overtime for his hundreds of hours of overtime work, and was sometimes not paid his regular wages. O’Brien’s client was brought to tears testifying as to the humiliating way he was treated by the brothers who own these businesses, and the degree to which this father was repeatedly jacked around on the pay he needed to take care of his family. On November 8, 2017, The Honorable Judge Ken Hoyt issued the Court’s final judgment, awarding O’Brien’s client $11,542.70 in unpaid regular wages, attorney fees, and a negligible amount of overtime, but denying the Plaintiff’s claim for over $30,000 in additional lost overtime and damages. Because the decision was absolutely wrong on the facts and the relevant overtime laws, the O’Brien Law Firm has filed and briefed an appeal in the 5th Circuit Court of Appeals over the insufficient judgment. That appeal is currently pending as Appeal No. 17-20769 in the 5th Circuit.