MIAMI — Individuals have filed a class-action lawsuit against an assisted living facility for allegedly paying $0.68 per hour wages.
Maria Ermina Zelaya Abrigo filed a complaint on behalf of herself and all others similarly situated on Sept. 5 in U.S. District Court for the Southern District of Florida against Summit Nursing Services Inc., Melva Barrett, Banville Barrett and Richard Thelwell, alleging that they violated employees' rights under the Fair Labor Standards Act (FLSA).
According to the complaint, the plaintiffs allege that from Nov. 11, 2014, through April 22, 2015, named plaintiff Maria Ermina Zelaya Abrigo worked for the defendants as an assisted living facilities worker tending to the aged and infirmed, but was only paid an average of $0.68 per hour, clearly below the applicable $7.25 federal minimum wage required at that time and was never paid the extra half-time rate for any hours worked over 40 hours in a week. The plaintiffs hold Summit Nursing Services Inc., Melva Barrett, Banville Barrett and Richard Thelwell responsible because the defendants allegedly failed to pay minimum wages as required by law, failed to check whether their payroll practices were in accordance with the FLSA and failed to compensate an extra half hour rate as overtime pay.
The plaintiffs request a trial by jury and seek judgment against the defendants, double damages and reasonable attorney's fees, costs, interest and any other relief that the court finds reasonable. They are represented by J.H. Zidell of J.H. Zidell PA in Miami Beach.
U.S. District Court for the Southern District of Florida case number 16-cv-23812