FORT MYERS – A class-action suit has been filed against a Lee County lawn care company over allegations it did not pay employees for overtime work.
Elijah Johnson filed a complaint individually and on behalf of all others similarly situated on March 27 in the U.S. District Court for the Middle District of Florida, Fort Myers Division against Simon's Lawn Care Inc. and AJ Simon alleging violation of the Fair Labor Standards Act.
According to the complaint, the plaintiffs allege that he worked for the defendants from June 2013 to July 2015 as a foreman. The suit states he was paid a flat rate per day regardless of the amount of hours he worked. The plaintiffs hold Simon's Lawn Care Inc. and Simon responsible because the defendants allegedly failed to pay the plaintiff for overtime work at a rate of time-and-one-half for hours worked beyond 40 in one workweek.
The plaintiffs request a trial by jury and seek judgment against defendant, retain collective action, designate class representative and counsel, declaratory and injunctive relief, overtime compensation due, costs, expenses, interest, and further relief as the court deems proper. He is represented by Maria R. Alaimo of Viles & Beckman LLC in Fort Myers.
U.S. District Court for the Middle District of Florida, Fort Myers Division Case number 2:17-cv-00171