FORT MYERS — Individuals have filed a class-action lawsuit against a large airport fueling service provider for failing to pay overtime wages due to them.
Ethan A. Holmes filed a complaint on behalf of himself and those similarly situated on Aug. 31 in U.S. District Court for the Middle District of Florida, Fort Myers Division, against Swissport Fueling Inc. and Swissport SA Fuel Services LLC, alleging that they violated the rights of employees to overtime pay under the Fair Labor Standards Act.
According to the complaint, the plaintiffs allege that on Nov. 23, 2012, named plaintiff Ethan A. Holmes was employed as an aircraft fueler for the defendants' operations, working shifts of 8.5 hours continuously every day without supposedly stopping for breaks or meal periods off the clock and allegedly was deducted 2.5 hours every week against his time sheet to avoid overtime compensation. The plaintiff and those similarly situated claim to have suffered damages in the form of unpaid overtime wages and loss of reasonable breaks and decent meals. The plaintiffs hold Swissport Fueling Inc. and Swissport SA Fuel Services LLC responsible because the defendants allegedly deducted 2.5 hours weekly from the timesheets of all fuelers, refused to pay overtime wages and failed to provide the necessary breaks or meal periods to all fuelers.
The plaintiffs request a trial by jury and seek judgment in their favor, liquidated damages, unpaid overtime compensation, interest, attorney's fees, costs, expenses, and injunctive and declaratory relief. They are represented by Michael G. Fink of Mike Fink Law Firm PA in Fort Myers.
U.S. District Court for the Middle District of Florida, Fort Myers Division, case number 16-cv-00669