Federal lawsuit accuses Bexar County of refusing to pay military services employees overtime

Suit claims VA claims counselors were misclassified as salary employees

SAN ANTONIO – A lawsuit filed in federal court accuses Bexar County officials of misclassifying employees in its Military and Veterans Services office then refusing to pay them years of overtime wages.

The suit, filed April 9 and brought under the Fair Labor Standards Act, claims that Veterans Affairs claims counselors working for the county routinely worked more than 40 hours per week and were not compensated for those extra hours.

The suit was filed by Moses Lozano, a former VA claims counselor for the county, and claims that he is one of five employees who were misclassified.

Lozano was terminated from the county in February for insubordination, according to personnel records previously released to the KSAT 12 Defenders.

VA claims counselors assist clients with paperwork and assess what compensation they are eligible for based on state guidelines, the suit claims.

A source familiar with the suit said Lozano and other employees in the military services office were told they had to work a half-hour extra, twice a week, and were not compensated for that additional time worked.

A county spokeswoman declined to comment on the suit Wednesday and said its appearance on Thursday’s Commissioners Court agenda meant simply that it would be acknowledged and filed into the record.

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