On Sunday, Marcos Britton and Arlyn Lopez filed a class action complaint in the Southern District of Florida against 17th Ave Foods & Grocery LLC and its managers alleging violations of the Fair Labor Standards Act (FLSA).
According to the complaint, 17th Ave is a Florida supermarket and cafeteria doing business as Friends Meat Market. The complaint further states that the named plaintiffs were employed by the defendants as non-exempt employees from early 2022 until April 28. The plaintiffs allege that during their employment with the defendants, they had a mandatory schedule of 15 hours per day six days a week for a total of 90 hours weekly.
Britton alleges that he was paid $750 weekly, and Lopez alleges she was paid $720 weekly. Both plaintiffs state that their weekly salary, when divided by their 90 hour work weeks, resulted in a wage rate lower than the minimum wage required under the FLSA. Additionally, the plaintiffs allege that they were not paid for the required overtime rate for work in excess of 40 hours per week under the FLSA.
The plaintiffs allege that the defendants willfully failed to pay the plaintiffs the required minimum wage and overtime compensation. The complaint further purports that the plaintiffs were paid in cash without proper pay stubs or records.
The complaint states that the named plaintiffs repeatedly complained to Akream and Washam about the lack of payment with no success. Further, the complaint states that on April 28, 2022, the named plaintiffs were terminated after a co-worker maliciously attacked Britton with a broom. The plaintiffs allege that they were not paid for their last two weeks of work after the altercation.
Therefore, the plaintiffs bring the present case alleging violation of the FLSA’s wage and hour requirements and retaliatory discharge and seek declaratory and injunctive relief, actual, double and liquidated damages, back pay, attorney’s fees and costs. The plaintiffs are represented by the Palma Law Group.
