MIAMI – A former Monroe County resort employee alleges that he was never paid overtime even though he routinely worked more than 40 hours a week.
Ariel Norlan Garcia Moran filed a complaint on April 14 in the U.S. District Court for the Southern District of Florida against
Islamorada Leisure Properties Inc., doing business as Pines and Palms Resort, and James Bernardin,
alleging that they violated the Fair Labor Standards Act.
According to the complaint, the plaintiff alleges that between Oct. 15, 2014, and March 23, he worked for defendants performing maintenance, security and janitorial services. He alleges he routinely worked for approximately 43 to 54 hours each week without receiving overtime premiums. The plaintiff holds Pines and Palms Resort and Bernardin responsible because the defendants allegedly failed and refused to pay him overtime wages calculated at time-and-one-half of his regular rate of pay for all hours worked in excess 40 hours in a work week.
The plaintiff requests a trial by jury and seeks compensation for unpaid wages, liquidated damages, prejudgment and post-judgment interest, attorney's fees, costs and expenses and for such other and further relief as the court may deem just and proper. He is represented by Brian H. Pollock of Fairlaw Firm in Miami.
U.S. District Court for the Southern District of Florida Case number 4:16-cv-10019