A statewide collective action has been filed in Florida against Suncoast Moving & Storage Corporation and Paychex Business Solutions, Inc. The action is brought on behalf of all hourly "non-exempt" employees who have not been paid overtime compensation for all hours worked beyond 40 per week. 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 class members must "opt-in" in order to be considered part of the class. The employees have requested that the court issue notice to all potential claimants.

This action is brought by employees as a direct result of what they allege is a willful and systematic practice on the part of Suncoast and Paychex to deny them overtime compensation. According to the employees, Suncoast and Paychex have no provisions to properly compensate their hourly employees for hours worked beyond 40 per week, but frequently call upon them to do so. Under the Fair Labor Standards Act, all "non-exempt" employees are entitled to compensation at a minimum rate of time and a half for all hours worked beyond 40 per week.
"Non-exempt" employees are typically those that are paid by the hour and do not perform managerial or executive tasks. The employees claim that they are "non-exempt" and entitled to overtime. Additionally, the employees claim they are entitled to liquidated damages because the actions of Suncoast and Paychex were willful.