TAMPA – Two employees have filed a class-action against a Polk County roofing company over allegations they were not paid a minimum wage or overtime wages.
Ryan McDonough and Dennis Day filed a complaint on behalf of themselves and those similarly situated on Oct. 17 in the Tampa Division of the Middle District of Florida against Robert Binns Roofing Inc. and Robert W. Binns alleging violation of the Fair Labor Standards Act.
According to the complaint, the plaintiffs allege that they and those similarly situated employees have worked for the defendants at different times but were all paid in an hourly basis. Although their tasks required them to report to the shop, load work vehicles, and prepare for the day, they allege the defendants failed to compensate them for time spent on these tasks, as well as having deducted time for meal breaks regardless if they were able to take them or not, and unpaid work hours spent unloading materials and performing other end-of-the-day duties at the shop.
The plaintiffs hold Robert Binns Roofing Inc. and Binns responsible because the defendants allegedly failed to keep an accurate record of employees' work hours and failed to compensate plaintiffs for all hours worked in excess of 40 hours at a rate mandated by law.
The plaintiffs request a trial by jury and seek judgment against defendants, declaration of defendant's violations, unpaid minimum wage owed to plaintiffs, damages, interest, attorney's fees, costs of suit and additional relief as the court deems just. They are represented by Michelle Erin Nadeau of Kwall, Showers, Barack & Chilson PA in Clearwater.
Tampa Division of the Middle District of Florida Case number 8:16-cv-02950