MIAMI – A delivery driver alleges he was not paid overtime wages.
Robert Benites filed a complaint on May 6 in the U.S. District Court for the Southern District of Florida, Broward Division against
Orient Weston Inc. and Jin Chen alleging violation of the Fair Labor Standards Act.
According to the complaint, the plaintiff alleges that from August 2014 through March 16, he worked for approximately 66 hours per workweek without proper overtime compensation. The plaintiff holds Orient Weston Inc. and Chen responsible because the defendants allegedly failed to compensate him at a rate of time-and-one-half of his regular rate for all hours worked in excess of 40 hours in a single week, failed to compensate him for at least the minimum wage rate for all hours worked and failed to maintain proper time records.
The plaintiff requests a trial by jury and seeks declaration that defendant's acts and practices violated the provisions of the FLSA, declaratory relief, compensation for all damages, attorney's fees, costs and expenses, prejudgment interest and for any further relief that the court may deem just and proper. He is represented by Richard Celler of Celler Legal PA in Davie.
U.S. District Court for the Southern District of Florida, Broward Division Case number 0:16-cv-60986