FORT MYERS — A woman has filed a class-action lawsuit against a former employer for alleged unpaid overtime wages and required participation in an illegal tip pool.
Colleen Owens filed a complaint as an individual and on behalf of all other similarly situated on Aug. 12 in the U.S. District Court for the Middle District of Florida, Fort Myers Division, against C Level LLC and Anthony Denson, alleging that the former employer violated the rights of the plaintiffs under the Fair Labor Standards Act (FLSA).
According to the complaint, plaintiff Owens alleges that on May 3, she made a written demand for proper wages and the defendants purportedly retaliated by reducing her hours and eventually terminating her. The plaintiff claims that, as a result of being underpaid, the named plaintiff and those similarly situated allegedly have been damaged from loss of work through an adverse employment action.
The plaintiffs hold C Level LLC and Anthony Denson responsible because the defendant allegedly refused to pay proper wages, kept substantial portions of tips and showed reckless disregard of the provisions of FLSA.
The plaintiffs request a trial by jury and seeks judgment in their favor for an amount consistent with evidence, damages, costs of suit, interest and attorney's fees. She is represented by Benjamin H. Yormak of Yormak Employment & Disability Law in Bonita Springs.
U.S. District Court for the Middle District of Florida, Fort Myers Division, case number 16-cv-00628