ORLANDO — A woman is suing Twistee Treat USA LLC, a food retailer, citing alleged violations of the Fair Labor Standards Act.
Diana Villa Deangelis filed a complaint on Oct. 31 in the U.S. District Court for the Middle District of Florida Orlando Division against Twistee Treat USA LLC, alleging that the food retailer failed its duty to pay employees for all hours worked at a correct rate.
According to the complaint, the plaintiff alleges that she worked for defendant from Jan. 27, 2014 to Jan. 8, 2016, and was regularly required to stay additional hours after her scheduled shift in order to accommodate the defendant's customers and/or cover shifts for employees who were unable to work. When she complained about the defendant's non-payment of overtime wages, she was simply informed that it has a policy of not paying overtime hours, thereby causing the plaintiff to suffer monetary losses, she alleges.
The plaintiff holds Twistee Treat USA LLC responsible because the defendant allegedly failed to maintain and preserve adequate time and pay records of its employees, and failed to compensate employees for hours worked in excess of 40 per week at one and a half rate of their regular pay.
The plaintiff requests a trial by jury and seeks judgment in her favor, unpaid overtime wages, damages, interest, attorneys' fees, costs, and other relief as the court deems just. She is represented by N. Ryan Labar and Scott C. Adams of Labar & Adams PA in Orlando.
U.S. District Court for the Middle District of Florida Orlando Division Case number 16-cv-01897