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Case ID: 3375 | Employment | 05/04/2004
A statewide collective action has been filed in Florida against Tropical Landscape Lawn Care, Inc. The action is brought on behalf of all current and former employees, who since April 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, Tropical Landscape has engaged in a willful and intentional course of action to defraud them of proper overtime compensation. The employees claim that Tropical Landscape frequently requires them to work well in excess of 40 hours per week. However, according to employees, the company has no provisions in place to properly compensate employees 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 are hourly laborers, claim that they are "non-exempt" and therefore entitled to receive overtime compensation for all hours worked beyond 40 per week. The employees also claim that because Tropical Landscape's refusal to pay overtime was willful and intentional, they are entitled to an equal amount of liquidated damages.
At Lawcash.com, it is our goal to keep you informed about important legal cases, class actions and settlements. Our lawyers offer free legal evaluations in tort cases, class actions, personal injury, and other lawsuits because we are dedicated to helping you resolve your legal complaints. Other Employment Cases of Interest A class action lawsuit has been filed in the Southern District Court of Florida against Bicon, Inc. (DBA S&S National Waste). The case involves violations of the Fair Labor Standards Act. No additional information about the substance of the allegations is available at this time. Classactionamerica.com will monitor this case and provide additional details as soon as they become available. A class action has been filed against Waffle House, Inc., a restaurant headquartered in Georgia, for violating the Fair Labor Standards Act (FLSA) by paying its wait staff for less time they actually worked and for not paying for overtime. The class members seek unpaid back wages, other compensation due, and attorney’s fees and costs. A class action has been filed by laid-off United Airlines mechanics against the airline and the mechanics' union, the International Association of Machinists and Aerospace Workers. The action alleges that the mechanics were improperly laid off when United closed its Oakland, California, and Indianapolis, Indiana, maintenance facilities in April, 2003. Current and former employees of Inter-Con Security Services filed a class-action lawsuit accusing the firm of violating federal and state laws by withholding overtime pay for security guards at Kaiser Permanente hospitals and other locations in California.
A statewide collective action has been filed in Florida against Gulfstream Mining & Materials, Inc. The action is brought on behalf of all current and former employees of Gulfstream who, since December 2000, were not paid overtime compensation for all worked hours beyond 40 per week. The action is brought under the Federal Fair Labor Standards Act and seeks back pay, statutory and liquidated damages as well as injunctive and declaratory relief. This action is a collective action, and thus all potential claimants are required to "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 so that they may join the action. A national collective action has been filed in Florida against consumer electronics giant, Radioshack Corporation. The action is brought on behalf of all current and former store managers, who since April 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 back pay, interest, compensatory, 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 managers have requested that the court issue notice to all potential class members. |
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