In a motion denying summary judgment in a Fair Labor Standards Act (FLSA) case (West v. Verizon Services Corp.), the Middle District of Florida found that:
- there was a joint relationship between a leasing agency and the entity it contracted with;
- the failure to keep time records, together with Plaintiff’s testimony that she did work overtime, required a denial of summary judgment;
- employers had constructive knowledge of overtime being worked;
- and the Fluctuating Work Week (FWW) method of compensation could not be used.
Notably, the Court found that the FWW method of overtime compensation (i.e., that Plaintiff is only owed half-time because she has already been paid straight time for all hours worked) was inapplicable because (a) her salary did not ensure the minimum wage would be met, (b) her hours did not fluctuate, and (c) her salary was not fixed because she recieved bonuses and commisions. The Court rejected Defendants’ argument that the FWW requirements set forth in 29 CFR 778.114 are unnecessary for a half-time theory of overtime calculation and held that Plaintiff, should she prevail at trial, will receive damages equal to time and one-half her hourly rate for all overtime hours worked.
Click here to read the full order.
Plaintiff is represented by the attorneys of Kwall, Showers & Barack, P.A.
Yesterday, President Obama nominated Robert O’Neill to the U.S. Attorney position in the Middle District of Florida. O’Neill has served as an Assistant U.S. Attorney in the Middle District since 1993. O’Neill must go through a review by the Senate Judiciary Committee and be confirmed by the Senate to become U.S. Attorney.
For more information, read the St. Pete Times article here.