A statewide collective action has been filed in Florida against ARPM, Inc. and H&R Concepts, LLC. The action is brought on behalf of all current and former employees, who since March 2001, were not paid proper statutory overtime 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 declaratory and injunctive relief. As a collective action, all potential claimants are required to "opt-in" to the action in order to be considered part of the class. The employees have requested that the court issue notice to all potential class members.

According to employees, ARPM and H&R have engaged in a willful and intentional course of action to defraud them of proper overtime compensation. The employees claim that the companies, which operate commercial cleaning services on a statewide basis, require them to work well in excess of 40 hours per week. However, according to employees, the companies have misclassified them as subcontractors and thus are not paying them for overtime for hours worked in excess of 40 per week. Under the Fair Labor Standards Act, all hourly "non-exempt" employees are entitled to a minimum of time and a half for all hours worked in excess of 40 per week. "Non-exempt" employees are generally those that work on an hourly basis and do not have managerial or executive responsibility. The employees, who were hourly laborers, claim that they are "non-exempt employees", not subcontractors, and are therefore entitled to receive overtime compensation for all hours worked beyond 40 per week. The employees also claim that because ARPM and H&R's refusal to pay overtime was willful and intentional, they are entitled to an equal amount of liquidated damages.