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Former window installation worker sues employer for alleged unpaid wages

By Annie Hunt | Jan 31, 2016

MIAMI — A former employee is suing Alpha Windows & Doors, alleging he worked for nearly two months without receiving minimum wage or overtime compensation.

Nicolas Ramon Rodriguez filed a lawsuit Dec. 28, 2015, in the U.S. District Court for the Southern District of Florida against Window Wizards A South Florida Company, James M. Johansen, Ocean View Windows & Doors Inc., doing business as Alpha Windows & Doors, and Moche Hazout, citing violation of the Fair Labor Standards Act (FLSA), breach of contract, violation of the Florida Minimum Wage Act and distribution of a worthless check.

According to the complaint, Rodriguez worked for the defendant, a business engaged in the installation and servicing of windows and doors, from Aug. 23, 2015, until on our about Oct. 19, 2015, at an agreed upon rate of $20 per hour. The plaintiff claims that the defendant failed to pay minimum wage in accordance with the Florida Minimum Wage Act or overtime compensation, despite working approximately 50-60 hours per work.

Rodriguez claims to have received three checks valued at $930, $1,210 and $1,000 from the defendant dated Sept. 12, Sept. 18 and Oct. 17, respectively, all of which were reportedly dishonored. The plaintiff sent a demand letter to the defendant on Dec. 1, 2015, with notice of due wages, but he allegedly never received compensation for wages and overtime. He claims that the defendant breached their contract in failure to honor the checks he received.

Rodriguez seeks damages in the amount of the aforementioned checks, statutory damages/triple the amount of the checks, incurred bank fees, service charges, court costs, attorneys’ fees, pre and post-judgment costs, and a trial by jury. He is represented by Brian H. Pollock of the Fairlaw Firm in Miami.

U.S. District Court for the Southern District of Florida Case number 0:15-cv-62696

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