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Workers Recover $475,000.00 in Unpaid Overtime

Republished: 1/16/2023

The Employment Lawyers of Labar & Adams were confronted with an Employer that violated its duty by paying workers substandard wages, by having substandard working conditions, and by dishonoring, retaliating, and exposing its Employees to unfair labor practices. The Employment Lawyers of LaBar & Adams were able to obtain justice for these Employees and hold the employer accountable for its wrongdoing.

The Employees we represented were the victims of oppressive working conditions that required them to work long hours in the heat laying asphalt and repairing asphalt without a lunch break or the Employer providing water. When Employees complained about the substandard conditions and working long hours without overtime pay, they were told that if they do not like it to go home. Ultimately, the Employer closed its Orlando, Florida production department, where the Employees that were complaining were located.

The Employees contacted us for help. The Employment Lawyers of LaBar & Adams immediately commenced their investigation. Our investigation uncovered that these oppressive working conditions were occurring company wide throughout the State of Florida. It was uncovered that the Employer had unfair labor practice policies that violated the National Labor Relations Act (“NLRA”). It was uncovered that the Employer had policies that violated the Fair Labor Standards Act (“FLSA”). It was uncovered that the Employers’ act of closing the production department in Orlando, Florida was tantamount of retaliation pursuant to the FLSA.

The Employment Lawyers of LaBar & Adams filed a charge with the National Labor Relations Board (“NLRB”) on behalf of the Employees regarding the unfair labor practices. Ultimately, the Employer entered into a settlement with the NLRB which required the Employer to halt its unfair labor practices.

In addition to filing the Charge with the NLRB, the Employment Lawyers of LaBar & Adams also filed a lawsuit seeking damages for the unlawful closing of the Employer’s Orlando production department. Specifically, the Employment Lawyers of LaBar & Adams argued that the Employer closed its Orlando production department in retaliation for certain Employees filing a Collective Action Complaint for unpaid wages discussed below.

The Employment Lawyers of LaBar & Adams also filed a lawsuit seeking to remedy the long working hours of the Employees and seeking recompense for all the unpaid overtime. We aggressively pursued this matter on behalf of not only our clients, but on behalf of all those similarly situated. The Employment Lawyers of LaBar & Adams ultimately obtain conditional class certification authorizing notice being sent to all employees that worked as Laborers and Drivers of the Employer and worked long hours without overtime pay.

This matter was extensively litigated. There were numerous motions presented to the Court. There were over twenty (20) depositions taken. And, there were multiple mediation conferences conducted.

Ultimately, the Employer agreed to a substantial settlement for all the allegations against it for the Class and all employees that the Employment Lawyers at Labar & Adams, P.A. represented. For unpaid overtime in violation of the Fair Labor Standards Act, the Employees recovered $475,000.00 in unpaid overtime wages, $280,633.24 in attorney fees, and $39,336.76 in costs. Those employees that were subjected to retaliation also recovered a confidential amount. The Employer also entered a consent degree with the National Labor Relations Board

The Employment Lawyers at LaBar & Adams, P.A. are committed to seeking justice for Employees. This case is another demonstration that our attorneys are willing to go to any lengths to fight for employee rights.

If you or someone you know has been a victim of an unfair employment practice, please contact the employment lawyers at LaBar & Adams, P.A. at 407-835-8968.

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