A man has filed a collective-action lawsuit against an Orlando business for alleged unpaid overtime wages.
The man filed a complaint on Aug. 1 in the Orange County Circuit Court, alleging that the business failed to pay its employees the proper wage for all hours they worked.
According to the complaint, the man alleges that he and other similarly situated employees have suffered loss of earnings for allegedly not being paid 1.5 times their regular rate of pay for working more than 40 hours per week.
The man holds the business responsible for allegedly failing to determine if employees were properly compensated and for allegedly not keeping accurate time records.
The Fair Labor Standards Act (FLSA) provides for collective action lawsuits against employers for minimum wage and overtime pay violations. To proceed as a collective action under the FLSA, employees must be “similarly situated,” which refers to employees subject to a common policy, plan or design that fails to compensate employees for minimum wage or overtime pay.
Employees must “opt in” to the lawsuit, which means they must affirmatively sign a document stating they want to proceed collectively. Usually one or more employees will initiate the lawsuit on behalf of themselves and others similarly situated. When other employees are given notice of the lawsuit, they can decide how they would like to proceed.
If you have a wage dispute with your employer, our Florida Unpaid Wage & Overtime Lawyers at Whittel & Melton to protect your rights. We can help you file a collective or class action lawsuit to obtain unpaid bonuses, commissions, and vacation pay as well as overtime and minimum wage.