Allegations of wage theft, worker misclassification, and fraudulent business practices have been brought against a group of maintenance companies by a former worker and a contracting business. The complaint was filed on March 17, 2026, in the United States District Court for the Southern District of Texas by Levance Walzier and Road M.A.P.S. Business Development LLC against Divisions, Inc., Divisions Maintenance Group, Inc., DMG Pro, and DMG External.
According to the filing, Walzier claims he performed labor for the defendants under employer-level control but was classified as an independent contractor. He alleges that this misclassification resulted in unpaid wages, unreimbursed expenses, and significant financial harm. Road M.A.P.S. Business Development LLC asserts it completed contracted work for the same defendants but did not receive payment for invoices or reimbursement for material costs.
The complaint outlines what plaintiffs describe as a “coordinated scheme” by the defendants to avoid paying workers through several methods: manipulating job records and Not-to-Exceed (NTE) amounts; removing completed jobs from provider dashboards to prevent payment; issuing false or contradictory explanations for nonpayment; retroactively modifying NTEs; treating advances as full payments; charging unrelated work against NTEs; and making misleading statements about registration requirements in Texas. Plaintiffs state that even when work was performed according to instructions and approved onsite—such as jobs at Athleta and Sam’s Club—defendants refused payment.
The suit details how defendants allegedly exercised employer-level control over workers while labeling them as independent contractors. Requirements included mandatory check-ins via an app, photo documentation, strict scheduling set by defendants, hourly rate controls, approval processes for materials used on jobs, restrictions on visit eligibility, so-called “one-trip” rules, and threats of nonpayment if procedures were not followed. Plaintiffs argue these conditions meet both Texas common law’s right-to-control test and the Fair Labor Standards Act’s economic-reality test for employee status.
Further allegations include fraudulent communications where defendants blamed plaintiffs for errors caused by others or claimed large sums were paid to fix supposed mistakes with no supporting evidence. The complaint also accuses defendants of removing job records from dashboards after completion—making it impossible for plaintiffs to view job status or dispute nonpayment—and continuing to bill clients such as Gap/Athleta and Sam’s Club while denying payment to those who performed the work.
Plaintiffs allege that Divisions, Inc., a Kentucky corporation registered in Texas under File Number 800802558, was forfeited twice by the Texas Secretary of State—first on February 23, 2024 (later reversed), then again on February 28, 2025 (which remains active). Despite this forfeiture status—which under Texas law prohibits transacting business—the company allegedly continued operations through affiliated entities including Divisions Maintenance Group Inc., DMG Pro, and DMG External.
The complaint lists multiple causes of action: violations of the Fair Labor Standards Act (FLSA) regarding misclassification and unpaid wages; FLSA retaliation after Walzier disputed nonpayment; fraud/fraudulent misrepresentation; breach of contract (for Road M.A.P.S.); quantum meruit; unjust enrichment; money had and received; constructive trust over funds received during forfeiture periods; violations of the Texas Deceptive Trade Practices Act (DTPA); racketeering activity under RICO statutes involving wire fraud and mail fraud; violations of Texas Business Organizations Code concerning foreign entity registration requirements; violations relating to tax forfeiture under Texas Tax Code sections 171.251-.252;
and requests for declaratory judgment regarding contracts issued during periods when defendants were not authorized to do business in Texas.
Plaintiffs are seeking compensatory damages including unpaid wages and invoices,
liquidated damages under FLSA,
treble damages under both DTPA and RICO,
disgorgement of all revenue obtained from their work,
a constructive trust over such funds,
declaratory relief declaring contracts voidable during forfeiture periods,
and injunctive relief prohibiting further business operations while any entity remains forfeited or unregistered.
They also request attorney’s fees where allowed by law.
Additionally,
the plaintiffs ask for a temporary restraining order requiring preservation of all billing records,
invoices sent to clients,
portal logs—including deleted entries—and communications related to their work.
They argue immediate injunctive relief is necessary because evidence has already been removed or altered by defendants,
and ongoing harm cannot be remedied solely with monetary compensation.
LeVance Walzier appears pro se as plaintiff at 16909 Rolling Creek Dr Ste 319,
Houston TX 77090,
and submitted contact information including phone number (832) 799-3867
to the court with case number 4:26-cv-02123.
Source: 426cv02123_Levance_Walzier_v_Divisions_Complaint_Southern_District_of_Texas.pdf
