MIAMI — A driver has filed a class-action lawsuit against his former employer, a towing company, alleging unpaid overtime wages and non-reimbursed expenses.
Donald Curtiss filed a complaint on behalf of himself and of others similarly situated on Aug. 15 in U.S. District Court for the Southern District of Florida, Miami-Dade Division, against Ernesto Sainz and Westcoast Wrecker Corp., citing alleged unpaid wages, violation of applicable minimum wage law and violation of workers compensation acts.
According to the complaint, the plaintiffs allege that in November 2015, Curtiss was employed by the defendants as a driver who allegedly was to be paid $450 for the first week and then move to a commission basis on the succeeding week, in addition to gas reimbursements. However, the defendants purportedly did not pay the plaintiff for any of the hours worked totaling $1,543.03 in unpaid wages and reimbursed expenses. The plaintiffs hold Ernesto Sainz and Westcoast Wrecker Corp. responsible because the defendants allegedly violated the wage and hour provisions of the Fair Labor Standards Act and did not reimburse the plaintiff for expenses incurred.
The plaintiffs request a trial by jury and seek unpaid wages, liquidated damages, attorneys’ fees, costs, interest and other relief the court deems appropriate. The plaintiffs are represented by Jose A. Socorro and Robert W. Hudson of Hudson & Calleja LLC in Coral Gables.
U.S. District Court for the Southern District of Florida, Miami-Dade Division case number 1:16-cv-23509