Seguin Gazette

default avatar
Welcome to the site! Login or Signup below.
Logout|My Dashboard

Janitors file lawsuit against CAT, others, over compensation

Posted: Thursday, February 2, 2012 12:00 am | Updated: 9:18 am, Thu Feb 2, 2012.

SAN ANTONIO - Two workers have filed a suit against Caterpillar Inc., McLemore Building Maintenance Inc. and Texas Power Systems LLC claiming that the companies failed to pay them for all the hours they worked and failed to pay them the minimum wage and overtime required by state and federal law.

The lawsuit, filed Wednesday in federal court in San Antonio, states that in 2010 and 2011 the companies jointly employed the workers, failed to record and pay them for all of their hours and required the workers to do unpaid work off the clock.

Seguin Gazette Print/Online Subscribers Only!

This content is available to Online Subscribers only.

  • Already have an active Online Subscriber account?

Want to become an Online Subscriber?
Choose one of the following services:

Frequently Asked Questions

How do I get my Member ID/password if I am a print subscriber?
Contact The Seguin Circulation Department at 830-379-5404, 5am to 5pm Monday - Friday and 5am to 10am Saturday and Sunday.
How do I get my Member ID/password if I am an online-only subscriber?
Once you have registered and subscribed, your registered Screen Name and Password will grant you access to all of the content your subscription package includes. Forgot your password?
I'm logged in. Why am I unable to view the content on this page?
You have likely registered an account (allowing you to log in), but not signed up for a service package.
Select a package from the service list above to gain access.

Rules of Conduct

  • 1 Keep it Clean. Please avoid obscene, vulgar, lewd, racist or sexually-oriented language. PLEASE TURN OFF YOUR CAPS LOCK.
  • 2 Don't Threaten. Threats of harming another person will not be tolerated.
  • 3 Be Truthful. Don't knowingly lie about anyone or anything.
  • 4 Be Nice. No racism, sexism or any sort of -ism that is degrading to another person.
  • 5 Be Proactive. Use the 'Report' link on each comment to let us know of abusive posts.
  • 6 Share with Us. We'd love to hear eyewitness acounts, the history behind an article.

Welcome to the discussion.


    A subscription service is required to post comments.

  • 01matfan posted at 9:27 pm on Sun, Feb 5, 2012.

    01matfan Posts: 40

    I have heard several bad issues with this "new," company that was suppose to be a huge money maker for the employees that were hired at this plant. The only ones making money are the city and its local restaurant, I know of several employees who were informed that after their 90 days probation they would be offered a higher salary which was found to be false. The original staffing agency VIP should be held liable for giving out false information about this company supposed starting salary of $15-$18 per hour depending on experience. I also heard of several employees with criminal records still being hired and several drug tests were falsified as long as the nurses were paid off. I also know several former employees of CMC quiting and then regretted leaving to work at the CAT plant. Several of the supervisor are hot headed and treat others with disrepect. Several employees were also told they were gonna be laid off just to disband the other shifts. I know of several other employees from out of state who are definitely making higher salaries than locals who are employed here. I hope to hear more lawsuit out of this.

  • Opiniontwo posted at 4:09 pm on Fri, Feb 3, 2012.

    Opiniontwo Posts: 1

    I wonder if there lawyer knows about the terms in which Reymundo Ferrell Castaneda was terminated???? Showing up at the facility Intoxicated in the very early hrs of the morning, wanting to fight the other plaintiff Filiberto Castaneda, Looks to me these two are just up to no good!!

  • JFISK posted at 3:19 pm on Fri, Feb 3, 2012.

    JFISK Posts: 1

    TPS outsources the janitorial service from a company in San Antonio. They have to call into that company to clock in and out. You do not call in , you do not get paid. SIMPLE. TPS pays employees that work for TPS on time every week. Get the story right.

  • Opinionated posted at 12:41 pm on Fri, Feb 3, 2012.

    Opinionated Posts: 1


    The City of Seguin needs to make TPS/CAT live up to the
    agreement that was made when they came to Seguin.
    TPS/CAT received a 10 year; 100% tax abatement along with
    millions of dollars from the city, county and the Texas
    Entperprise Fund. In return, it was reported that the
    company would provide approximately 1400 jobs with an
    average pay of $21.00/hr. Is the City even aware of the
    chaotic manner in which this plant is operated? These
    Northerners do not know how to communicate and are not
    organized at all. Most jobs are paid at half of what was
    promised and then workers are sent home without notice
    because someone did not order parts. The parts issue has
    been ongoing since the doors opened; you would think they
    would have it straight by now. The left hand blames the right
    hand and no one wants to be accountable. Something needs
    to be done as this is NOT how we do business in TEXAS!!!

  • PeggyH posted at 6:14 am on Fri, Feb 3, 2012.

    PeggyH Posts: 408

    I understand the minimum wage law, the forty-hour work week, overtime, and paid holiday leave versus woking on a holiday, but I fail to grasp how anyone other than the employer can be held liable for ensuring the paychecks are accurate. The employer is responsible for maintaining work records whether they be from time cards or work sheets. The tone of the article is that two companies contracted janitorial services from a Houston based firm. The firm in turn dispatches personnel to perform the work. The companies receiving the services are billed for hours worked based on the provisions of the contract. How can company B know how many hours a person works at company A before leaving the first work site? It doesn't matter if a person obtains a Social Security number with a US birth certificate or a green card. If they qualify under the Fair Labor Standards Act then they should be paid accordingly. It is my opinion that the Houston company failed to hire enough people to provide the services and spread the crews too thin. The Houston company had ultimate control of the work schedules and pay records. How can company A and B be held liable? Isn't the employer who reports the pay records to the Federal and State agencies operating under a tax identification number? The number that is used to report the records has ultimate control and responsibility. Heaven knows I've been wrong before but this article leaves one scratching their head in disbelief. I totally don't understand.