GAINESVILLE – Employees have filed a class-action lawsuit against a chicken producer over claims their checks were issued via debit card.
Victor Gonzalez and Maria Hurtado filed a complaint on behalf of all others similarly situated on June 3 in the U.S. District Court for the Northern District of Florida against Pilgrim's Pride Corp. alleging violation of the Fair Labor Standards Act.
According to the complaint, the plaintiffs and other members of the class were paid through debit cards issued by the defendant. They allege that this was not a "free and clear" payment as required by law because they were restricted by the amount that they could withdraw, incurred fees to retrieve the money and could not withdraw the balance to zero.
Gonzalez also alleges that the defendant did not accommodate his request for light work duty because of his disability and was unlawfully terminated.
The plaintiffs request a trial by jury and seek compensation for lost wages, benefits, reinstatement, back pay plus interest, front pay, compensatory damages, punitive damages, all legal fees and any other relief as the court deems just. They are represented by Luis A. Cabassa of Wenzel Fenton Cabassa PA in Tampa.
U.S. District Court for the Northern District of Florida, Gainesville Division Case number 3:16-cv-00948-BJD-PDB