A statewide collective action has been filed in Florida against Gulfstream Mining & Materials, Inc. The action is brought on behalf of all current and former employees of Gulfstream who, since December 2000, were not paid overtime compensation for all hours worked beyond 40 per week. The action is brought under the Federal Fair Labor Standards Act and seeks back pay, statutory and liquidated damages as well as injunctive and declaratory relief. This action is a collective action, and thus all potential claimants are required to
"opt-in" to the case in order to be considered part of the class. The employees have requested that the court issue notice to all potential claimants so that they may join the action.

According to employees, Gulfstream typically called upon them to work in excess of 40 hours per week. The employees claim that they were paid hourly and not exempt from overtime, however they were paid for a 40 hour week regardless of actual hours worked for Gulfstream. Under the federal Fair Labor Standards Act, all hours worked by hourly employees must be paid at the rate of time and a half. The employees claim that Gulfstream intentionally and willfully failed to pay overtime compensation, entitling them to liquidated damages.