Two truck drivers have filed a federal lawsuit against Texas-based Fabian Morales Trucking LLC, alleging the company failed to pay overtime wages and misrepresented their job duties to obtain agricultural guestworker visas.
Juan Carlos Renteria-Briones and Erik de Jesus Iniguez Fernandez, who are both Mexican citizens, filed the lawsuit in the U.S. District Court for the Northern District of Texas, Amarillo Division, on Monday, seeking unpaid overtime, damages and other relief under the Fair Labor Standards Act (FLSA).
Drivers allege unpaid overtime, misclassification
Renteria-Briones and Fernandez worked as tractor-trailer drivers hauling grain from farms to storage facilities, dairies and feedlots between 2023 and 2025, often working more than 60 hours per week but allegedly receiving only straight hourly pay, according to the complaint.
According to federal carrier registration data, Fabian Morales Trucking LLC operates a fleet of 31 truck tractors and 31 trailers and employs 10 drivers, hauling primarily grain, feed and hay in interstate commerce. The Hart, Texas-based carrier reported about 1.86 million vehicle miles traveled in 2023, according to FMCSA records.
The complaint states the company employed roughly 35 H-2A truck drivers per year between 2023 and 2025 — significantly more than the 10 drivers listed in federal carrier registration records — suggesting the company relied heavily on seasonal foreign guestworkers to operate its fleet during peak agricultural periods.
The lawsuit claims Fabian Morales Trucking paid drivers the Adverse Effect Wage Rate (AEWR) for all hours worked, including those exceeding 40 hours per week, instead of paying time-and-a-half overtime as required under federal labor law.
The plaintiffs also allege the company misrepresented the nature of the work in H-2A visa applications by classifying the jobs as agricultural work — which can be exempt from overtime — even though the workers primarily operated heavy trucks rather than agricultural equipment.
Prior investigation and lawsuit cited
The complaint states the U.S. Department of Labor previously investigated the company in 2017 and determined that its H-2A truck drivers were entitled to overtime pay. The lawsuit also notes a prior case filed in 2020 over similar allegations that ended in a $200,000 agreed judgment against the defendants.
Despite those actions, the plaintiffs allege the company continued the same pay practices and continued classifying drivers under the H-2A agricultural visa program.
Collective action potential
The lawsuit was filed as a collective action, meaning other similarly situated H-2A truck drivers who worked for the company between 2023 and 2025 may be eligible to join the case. The complaint states the company employed roughly 35 H-2A truck drivers per year during that period.
In addition to unpaid overtime, the plaintiffs allege breach of contract for failing to reimburse certain travel, visa and work-related expenses required under H-2A employment contracts.
What the plaintiffs are seeking
The drivers are seeking:
- Unpaid overtime wages
- Liquidated damages equal to unpaid wages
- Reimbursement of expenses
- Attorneys’ fees and court costs
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