A former employee filed an unpaid wages lawsuit in early June in U.S. District Court for the Southern District of Florida. The lawsuit was against Forever Propane Sales and Service, whose primary region of business is Broward County, Fla.
Plaintiff John R. filed for overtime compensation, which he alleges was never paid to him.
Two Defendants in Unpaid Wages Lawsuit
John R. claims in this unpaid wage lawsuit that his rights were violated under the Fair Labor Standards Act (FLSA) by Forever Propane Sales and Service Inc. and Manuel R., the owner, operator and president of the company.
In the legal documentation, the complainant names both the corporation and the individual as defendants. The company is identified as having annual gross income of approximately half a million dollars.
Plaintiff’s History with Forever Propane Sales and Service
According to John R. in the formal complaint and jury trial demand paperwork, he was employed by Forever Propane for approximately six years from 2010 until mid-summer 2016.
His final rate of pay from June 7, 2014 until his firing on July 5, 2016 was $14.00 per hour.
John R. says he worked Monday through Saturday each week for an average of 54.5 hours weekly ─ 14.5 of which he argues should have been paid at an overtime rate of one and one-half times his hourly rate, or $21.00 per hour.
Plaintiff Accuses Defendant of Violation of FLSA in Unpaid Wages Lawsuit
According to legal documentation, John R. alleges that he worked a total of 1,566 hours of overtime (hours worked more than 40 in a given 7-day work week) and that his correct status as an employee was non-exempt. Non-exempt means that his employment categorization falls under the jurisdiction of overtime regulations of the FLSA.
John R. admitted in his jury demand that he received offset funds in cash totaling $70 per week, in addition to his regular paycheck. These monies are considered in this overtime compensation unpaid wages lawsuit. Nevertheless, the plaintiff still believes himself to be owed $25,326.00 in overtime after $7,560 cash is taken into account.
The plaintiff brings just one count against the twin defendants in this unpaid wages lawsuit as follows:
Count 1 – Unpaid Overtime Violation of FLSA
John R. alleges that the defendants in this case willfully disregarded his rights as an employee under the FLSA by failing to pay full overtime compensation due him in a timely and correct fashion.
He states in the legal documentation that, according to the FLSA, he is due double the amount of what is due him in current statutory damages under the law.
The plaintiff is asking for a jury decision that the company and its president, Manuel R., be determined to be in violation of the law under FLSA. He further asks for overtime compensation for a full three years prior to the filing of this unpaid wages lawsuit in federal court.
He continues to ask for an equal amount in liquidated damages as is his right under the now-famous federal labor statute. Finally, the plaintiff requests that his attorney’s fees be covered and reasonable compensation be made for all legal expenses incurred in the filing of the case.
The Unpaid Wages Lawsuit is Case No. 0:17-cv-61151-RNS, in the U.S. District Court for the Southern District of Florida.
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