A recent lawsuit claims that an employer terminated a long-serving worker after she refused to work off the clock and raised concerns about unpaid overtime, bringing attention to ongoing issues regarding wage practices and worker protections. The complaint was filed by Linda Tovar in the United States District Court for the Southern District of Texas on March 17, 2026, naming Denso Ten America Limited as the defendant.
According to the filing, Linda Tovar alleges that her employment was ended in retaliation for her complaints about being required to work hours without proper compensation. The complaint states that Ms. Tovar had worked for Denso Ten America Limited for over 20 years, beginning her employment on March 1, 2005. During this time, she claims she never received a formal write-up and consistently ranked among employees with the highest number of overtime hours worked at North American plants.
The document outlines that in January 2025, Ms. Tovar became aware through supervisors and colleagues that her high amount of overtime had become a frequent topic during company meetings. She was warned by her supervisor, Carolina Lopez, not to exceed what was described as an acceptable limit of 50 hours per week. When Ms. Tovar questioned whether more staff would be hired to reduce her need for overtime work—a request she said she had made previously—she did not receive a clear answer.
The complaint further details incidents where Ms. Tovar was allegedly instructed by supervisors to work “off the clock,” particularly during weekends when she was asked to be “on call” without recording her hours. Ms. Tovar reports responding: “I am not going to work without punching in and out.” The filing asserts that these instructions were part of a broader policy enforced by management that resulted in wage theft.
On March 5, 2025, Ms. Tovar was called into a meeting with human resources managers from both Michigan and McAllen locations. At this meeting, she was accused of being paid for hours not worked—firstly an alleged overpayment of 20 hours which Ms. Tovar acknowledged as an error and said she had already attempted to correct through written notes on her payroll check and text messages to her supervisor. A second accusation involved payment for overtime on six weekends; Ms. Tovar provided documentation showing four weekends accounted for but could not produce evidence for two additional weekends because her company laptop’s downloads folder had been deleted by an IT employee days earlier.
Despite offering alternative ways to verify her claim or suggesting corroboration from coworkers or IT staff, Ms. Tovar says human resources declined further investigation or recovery efforts from company systems or parent offices abroad. On March 5, 2025, following this meeting, Denso suspended Ms. Tovar from employment.
Two days later on March 7, 2025, Denso discharged Ms. Tovar based on what she describes as fabricated reasons relating to four unaccounted-for hours of work—a decision which she claims followed weeks after making verbal complaints about working conditions protected under federal law.
Ms. Tovar argues that but for her refusal to work off the clock and subsequent complaints about these practices—which are protected activities under Section 15(a)(3) of the Fair Labor Standards Act—she would not have been terminated by Denso Ten America Limited.
The lawsuit seeks actual and compensatory damages including lost wages due to termination; damages related to mental distress and anguish; liquidated or punitive damages due to alleged willful retaliation; attorney’s fees; court costs; pre-judgment and post-judgment interest; as well as any other relief deemed appropriate by the court.
Ms. Tovar is represented by Mauro F. Ruiz of Ruiz Law Firm P.L.L.C., based in McAllen, Texas (Case ID: 7:26-cv-00139).
Source: 726cv00139_Linda_Tovar_v_Denso_Ten_Complaint_Southern_District_of_Texas.pdf
