FORT MYERS — Two heating and cooling service technicians have filed a class-action lawsuit against Direct Heating & Cooling Inc. and Mitzie Fox-Lerner, the company's owner, citing alleged violation of the Fair Labor Standards Act (FLSA).
Maykol Pozo and Michael Butler filed a complaint individually and on behalf of all others similarly situated on April 27 in the U.S. District Court for the Middle District of Florida against the Lee County company alleging that it failed its duty to pay employees for all hours worked at an adequate rate.
According to the complaint, the plaintiffs allege that they have suffered damages from working additional hours in excess of 40 per week but not getting paid proper overtime wages by the defendant at the statutory rate of one and a half their regular rate of pay. The plaintiffs hold Direct Heating & Cooling and Fox-Lerner responsible because they allegedly failed to maintain proper time records of employees, failed to properly compensate employees and failed to properly disclose or apprise employees of their rights under the FLSA.
The plaintiffs request a trial by jury and seek judgment against defendants, declaratory and injunctive relief, damages, costs, expenses, interest and further relief as the court deems just. They are represented by Maria R. Alaimo of Viles & Beckman LLC in Fort Myers.
U.S. District Court for the Middle District of Florida Case number 17-cv-00170