PENSACOLA – An Escambia County man has filed a federal lawsuit against his former employer, a package delivery service and its operator, alleging Fair Labor Standards Act (FLSA) violations.
Plaintiff Christopher Sanders filed his seven-page complaint and demand for jury trial May 30 in U.S. District Court for the Northern District of Florida Pensacola Division against Emerald Coast Delivery and operator, Robert Underwood. Underwood also is a resident of Escambia County.
"Based upon information and belief, the annual gross revenue of defendants was in excess of $500,000 per annum, or the prorated amount for same during the time defendants have been open for business, during the relevant time periods," Sanders' complaint said. "At all times relevant hereto, defendants were primarily engaged in delivering packages throughout the United States and in Escambia County, Florida."
In addition to a jury trial, Sanders is seeking unpaid overtime, "an additional equal amount as liquidated damages," declaratory relief and "reasonable attorney's fees and costs", according to his complaint.
In June 2017, Sanders was hired as a non-exempt laborer and driver at a pay rate of $130 per day and he regularly worked more than 40 hours per week, according to the complaint. "Specifically, plaintiff regularly worked in excess of 80 hours per week and was not properly compensated time and one-half plaintiff's regular rate for each hour worked in excess of 40 hours," the complaint said.
Sanders also alleged that Underwood and Emerald Coast Delivery failed to maintain proper time records, as required under the FLSA.
Sanders estimated his FLSA damages to be almost $17,000 in unliquidated and liquidated damages, part of which he claimed to be entitled to because Emerald Coast Delivery and Underwood "has no objective or subjective good faith belief that its pay practices were in compliance with the FLSA," the complaint said.