On November 6, 2015, former sous chef Marcos Castro initiated a putative class action against a Florida golf club, claiming that the club withheld overtime compensation in violation of the Fair Labor Standards Act (FLSA).
Castro alleges that his former employer, Windstar Club Inc., failed to compensate him with “time-and-a-half” pay for hours worked in excess of 40 hours per week. Castro claims that other employees in similar positions were also intentionally deprived of overtime compensation and he seeks an expedited order so that he can inform them of the case in an effort to add members to the class action.
Pursuant to the FLSA, employers must pay employees time-and-a-half (i.e. 50 percent of the employees usual hourly rate) for every hour worked in excess of 40 hours per week. Not all employees are entitled to overtime, however. Some employees are “exempt” from the federal overtime laws and therefore are not entitled to overtime compensation. Commonly exempt employees are salaried white collar professionals holding executive, administrative, or professional positions, computer professionals, and outside sales employees. The suit suggests that Castro is a non-exempt employee who performed tasks essential to the club’s business, and is therefore entitled to overtime compensation.
The former sous chef requests that he be compensated for unpaid overtime hours, plus interest, and that he is reimbursed for reasonable attorneys’ fees incurred as a result of the action.