A statewide collective Action has been filed in Florida against Carey International, Inc. and its subsidiary companies, Carey Limousine Florida, Inc. and Club Limousine Service, Inc. The action is brought on behalf of all drivers employed by Carey in the period since December 4, 2000, who have not been paid overtime by Carey. The drivers bring this action under the federal Fair Labor Standards Act and seek back pay, statutory and liquidated damages as well as injunctive and declaratory relief. As a collective action, all potential claimants must "opt-in" to the case in order to be considered part of the class. The limo drivers have requested that the court issue notice to all potential claimants.

This action arises from the limo drivers allege is willful, systematic and intentional violations of the federal Fair Labor Standards Act. According to the drivers, they are required on a regular basis to work well beyond 40 hours a week. The drivers allege that they are not permitted to regulate their own hours and must respond to calls issued by dispatch. Often, the drivers claim that they wait for customers to arrive, wait for customers at locations and are required to take as many orders in a day as possible. Under the fair labor standards act,
all non-exempt employees are entitled to compensation at the rate of time and a half for all hours beyond 40 worked in a week. The drivers claim that they are non-exempt employees and that under the act they are entitled to overtime. The drivers allege that they have informed the company on several occasions that they are due overtime pay. However, according to the drivers, their complaints have been ignored by management and Carey has refused to implement a proper overtime pay system. The drivers allege that this intentional violation of the law entitles them to liquidated damages in this case.