TAMPA – A Tampa contracting company is accused of failing to pay former employees at the correct rate for overtime work and allegedly misclassified them as independent contractors.
Rene Sierra, Jose Sanchez, Yandy Rodriguez, Pedro Rodriguez, et al., individually and on behalf of all others similarly situated filed a complaint on April 7 in the Tampa Division of the Middle District of Florida against Diamond Reconstruction of Tampa Bay LLC, Diamond Reconstruction Services LLC, Nicholas Exarhos and Jason Phillips alleging that they violated the Fair Labor Standards Act.
According to the complaint, the plaintiffs allege that at various times during their employment with defendants, they worked in excess 40 hours within a workweek without being compensated for these overtime hours at a rate equal to one-and-one-half times their individual regular hourly rate.
The plaintiffs holds Diamond Reconstruction of Tampa Bay LLC, Diamond Reconstruction Services LLC, Exarhos and Phillips responsible because the defendants allegedly failed to pay plaintiffs overtime premium for all of their overtime hours and failed to keep accurate time and pay records.
The plaintiffs request a trial by jury and seek unpaid wages, costs and attorney’s fees and such further relief as the court deems just and equitable. They are represented by Cynthia Gonzalez of Cynthia Gonzalez PA in Tampa and Luis A. Cabassa of Wenzel Fenton Cabassa PA in Tampa.
Tampa Division of the Middle District of Florida Case number 8:17-cv-00812