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Florida Employees of Excellence In Stone, Inc. Seek Overtime and Back Wages

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Case ID: 3107 | Employment | 01/30/2004

A statewide collective action has been filed in Florida against Excellence In Stone, Inc. The action is brought on behalf of all hourly employees of Excellence who were not paid proper overtime compensation. The action is brought under the federal Fair Labor Standards Act and seeks statutory and liquidated damages as well as injunctive and declaratory relief. As a collective action, all potential claimants are required to "opt-in" to the case in order to be considered a member of the class. The employees have requested that the court issue notice to all potential claimants.

According to employees, Excellence In Stone has willfully and intentionally violated the provisions of the Fair Labor Standards Act. The employees,
most of which were employed as flooring installers, claim that Excellence frequently required them to work beyond 40 hours per week, but did not have provisions in place to pay employees overtime compensation. Under the Fair Labor Standards Act, all "non-exempt" hourly employees are entitled to a minimum of time and a half for all hours worked beyond 40 per week. The employees claim that they were non-exempt laborers and entitled to overtime. However, the
employees assert that Excellence did not pay overtime as a matter of corporate policy. The employees claim that because Excellence's denial of overtime was
willful, they are entitled to liquidated damages.


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