MIAMI — A former employee for a Miami, Florida supermarket recently hit the company with a class action unpaid overtime lawsuit alleging the defendant failed to pay him and others time and a half for overtime hours. The claim, filed in U.S. District Court for the Southern District of Florida, seeks a trial by jury to recover wages not only for the named plaintiff but any other similarly affected workers who want to join the suit.
The plaintiff alleges he frequently worked more than 40 hours per week, often as many as 64 hours, from May 2015 through December 2016 at Zubi supermarket owned by the defendant, Ernesli Corporation and Ernesto Perez. The overtime pay lawsuit states the plaintiff’s regular hourly pay rate was $9.00 and the defendant refused to pay one and a half times the regular wage for overtime hours.
The claim asks the court to award back pay, liquidated damages equal to unpaid wages, attorneys’ fees to cover the cost of litigations, and any other relief the court may see fit to award the plaintiff. Depending on whether the court grants the claim class action status, the named plaintiff may also be entitled to additional compensation for taking the initiative to file suit if other plaintiffs join in.
What is the Fair Labor Standards Act?
The Fair Labor Standards Act (FLSA), is a federal law passed in 1938 that created many of the labor and wage protections we enjoy today. Those include the 40-hour work week, minimum wage, and overtime pay to ensure workers are treated fairly and employers are held accountable for misdeeds.
The FLSA gives wage theft victims the right file unpaid overtime lawsuits against companies engaging in wage theft and other unscrupulous business practices, both individually and in class actions if courts deem them to be similarly affected. Workers who think they may be the victims of wage theft should strongly consider speaking to an experienced overtime pay attorney about their case to find out what their legal options are.
Supermarket employee overtime lawsuit
Call (855) 754-2795 or complete the Free Unpaid Overtime Case Review form on the top right of this page if you feel that your wage rights are being violated under the FLSA. Our top-rated team of unpaid wage lawyers will evaluate your situation to determine your best course of action to help you seek justice.
Our office will also determine if it is in your best interest to file a lawsuit against your employer. Because strict time limitations apply for filing these types of claims, we advise you contact our experienced unpaid overtime wage attorneys at your earliest convenience and preserve your legal rights.