A statewide collective action has been filed in Florida against Hillsborough County. The action is brought on behalf of all current and past county employees, most of which were employed by the county as engineers, who were not paid overtime compensation by the county. The action is brought under the federal Fair Labor Standards Act and seeks back pay, statutory damages 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 employees have requested that the court issue notice to all potential claimants.

This action arises as a result of what employees claim is an intentional and willful attempt on the part of Hillsborough County to skirt the requirements
of the Fair Labor Standards Act. The employees allege that they were "non-exempt" employees who were entitled to overtime pay for all hours worked beyond 40 per week. Under the Fair Labor Standards Act, "non-exempt" employees are entitled to time and a half for all overtime hours worked. However, the employees claim that the county frequently required them to work beyond 40 hours a week and had no provisions in place to compensate them for overtime. The employees allege that because the County's conduct was willful, they are entitled to liquidated damages.