FORT MYERS – A Charlotte County man alleges his employer misclassified his employment status and owes him unpaid wages.
Richard Denoncour filed a complaint on March 16 of the U.S. District Court for the Middle District of Florida, Fort Myers Division against Barrett's of S.W. Florida and Joel L. Barrett, citing violation of Fair Labor Standards Act, unjust enrichment, breach of contract and other counts.
According to the complaint, the plaintiff alleges that he did not receive the minimum hourly wage and overtime premiums for all hours worked in excess of 40 hours per week. The plaintiff holds Barrett's of S.W. Florida and Joel L. Barrett responsible because the defendants allegedly misclassified him as an FLSA-exempt employee and compensated him on a salary and commission basis. He alleges he was required to work 55 hours a week without proper overtime compensation.
The plaintiff seeks the following: damages; reasonable attorneys' fees, costs and interest; and any further relief that the court may deem proper. He 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 2:16-cv-00205