Employees claim Florida hospital violated FLMA, overtime laws

By Jenie Mallari-Torres | Jan 16, 2019

CLEARWATER — Employees have filed a class-action lawsuit against Baycare Health System Inc., a Florida hospital, citing alleged unpaid wages, retaliation and violations of the Family and Medical Leave Act (FMLA), the Fair Labor Standards Act (FLSA) and the Florida Workers’ Compensation Act (FWCA).

Christine Lawson filed a complaint on behalf of herself and all others similarly situated on May 17, 2018, in the Pinellas Circuit Court against Baycare Health System Inc. alleging that it failed to compensate employees with proper wages and benefits.

According to the complaint, the plaintiffs allege that Christine Lawson and other similarly situated individuals have suffered irreparable injury and monetary damages as a result of the defendant’s discriminatory practices of interfering with their rights to FMLA and to compensation at the statutory rate of one-and-a-half times their regular rate of pay for overtime hours worked. 

The plaintiffs hold Baycare Health System Inc. responsible because it allegedly failed to pay employees an overtime premium for all of the overtime hours that they worked; failed to accurately record, report, and/or preserve records of hours worked by its employees; and failed to offer employees FMLA or otherwise notify them of their rights under FMLA.

The plaintiffs request a trial by jury and seek judgment against defendant for compensation for lost wages, benefits and other remuneration; reinstatement to a prior position with back pay plus interest, pension rights and all benefits; front pay; liquidated damages; interest; costs; attorney's fees; and further relief as the court may deem just. They are represented by Luis A. Cabassa of Wenzel Fenton Cabassa PA in Tampa.

Pinellas Circuit Court Case number 18-CA-3284

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