Delivery driver alleges failure to pay overtime

By Noddy A. Fernandez | Nov 21, 2017

ORLANDO — A delivery driver has filed a class action lawsuit against a beverage distributor, alleging failure to pay overtime compensation.

John Weatherwax, on his own behalf and on behalf of those similarly situated, filed a complaint Oct. 31 in Orange County Circuit Court against AZ Southeast Distributors LLC, alleging violations of the Fair Labor Standards Act.

According to the complaint, between Sept. 12, 2016, and June 9, 2017, Weatherwax worked for AZ Southeast as local deliver driver with a daily rate of $125. Weatherwax say he and other class members routinely worked in the same or similar job duties in excess of 40 hours per week but were not paid overtime compensation as is requiredby FLSA. 

The plaintiff alleges AZ Southeast Distributors failed to compensate employees for hours worked in excess of 40 hours in a workweek at a rate not less than one and one-half times the regular rate of pay and failed to track hours worked by its local delivery drivers.

Weatherwwax seeks trial by jury, payment of all overtime hours, liquidated damages of more than $15,000, attorney fees, costs incurred, and all other relief the court deems just and appropriate. He is represented by attorney Carlos V. Leach of The Leach Firm PA in Winter Park.

Orange County Circuit Court case number 17CA009635

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