FORT MYERS – A former employee has filed a class-action lawsuit against a Lee County business alleging she is owed unpaid wages.
Donna Burleson filed a complaint on behalf of all others similarly situated on May 12 in the U.S. District Court for the Middle District of Florida, Fort Myers Division against Hiax LLC and Axel S. Wimmer alleging that they violated the Fair Labor Standards Act.
According to the complaint, the plaintiff alleges that from July 20, 2012, through March 6, 2015, she regularly worked for more than 40 hours per workweek at the defendants' Heidi's Island Bistro but was not properly compensated. The plaintiff holds Hiax LLC and Wimmer responsible because the defendants allegedly failed to pay time-and-one-half of her regular rate for all hours worked in excess of 40 hours per week, failed to pay the minimum wages for every hour worked, failed to maintain proper time records and failed to properly apprise her of her rights under the FLSA.
The plaintiff requests a trial by jury and seeks declaration that defendant's practices are in violation of FLSA, an award for overtime compensation, liquidated damages, attorney's fees, costs and expenses, prejudgment and post-judgment interest and such other relief as the court deems necessary, just and proper. She is represented by Bill B. Berke of Berke Law Firm PA in Cape Coral.
U.S. District Court for the Middle District of Florida, Fort Myers Division Case number 2:16-cv-00362