Former Employee Files Unpaid Wages Claim Alleging Violations of FLSA

A plaintiff, Ernesto D., files a lawsuit against Clinical Care Network, Inc., in Florida federal court accusing the defendant of willfully violating wages under the laws of the Fair Labor Standards Act.

According to the unpaid wages claim, Ernesto is a resident of the state of Florida, and was employed by the company as a patient driver for the medical clinics from October 2015 to October 2016.

The unpaid wages claim alleges that Ernesto would work approximately 60 hours per week.

The unpaid overtime lawsuit contends that he was “generally paid for hours worked when delivering patients, and was paid partial overtime during the time he delivered patients. However, plaintiff was not paid overtime wages for time spent calling patients and coordinating schedules.”

The unpaid wages claim asserts that he was also not paid overtime wages while during his shift the defendant would automatically deduct a lunch break, required to be taken by the plaintiff, without verifying whether he had actually taken the break.

According to his unpaid wages claim, Ernesto alleges that he worked roughly 15 hours per week of overtime but he was not paid overtime for those hours at all.

The unpaid wages claim asserts that he is, “owed these hours at a rate of time and one-half the regular rate.”

Ernesto, while working for Clinical Care, maintains that he was also being paid $9.00 per hour. The defendant was required to compensate him $13.50 per hour instead for overtime hours, according to the unpaid wages claim.

Fair Labor Standards Act Requirements

According to the Ernesto’s lawsuit, “the FLSA requires that employees be paid overtime hours worked in excess of forty (40) hours weekly at a rate of time-and-one-half the regular rate.” Therefore, according to the unpaid wages claim, the defendant has allegedly showed “reckless disregard of the provisions of the FLSA concerning the payment of overtime wages required by the Fair Labor Standards Act.”

The unpaid wages claim further asserts that like the plaintiff, other similarly situated individuals that were employed by Clinical Care were also not paid overtime wages.

Ernesto requests compensatory and liquidated damages as reprimand for the defendants alleged violations of the Fair Labor Standards Act. He is also requesting the amount of overtime pay owed to him or the amount allotted by the FLSA, whichever amount is greater.

According to the United States Department of Labor, “the FLSA establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and in Federal, State, and local governments.” The Act, according to the Department of Labor site, further maintains that overtime pay is owed at a rate of one and one-half times the regular rate of pay after an employee has worked an excess of 40 hours per week.

The Unpaid Wages Claim is Case No. 1:17-cv-22934-RNS, in the U.S. District Court for the Southern District of Florida, Miami Division.

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