Roofer Sues Florida Contractor Over Unpaid Overtime and Alleged Retaliation
A Florida roofer has filed a class action lawsuit alleging his former employer failed to pay him overtime wages and subsequently fired him for inquiring about the pay.
A Florida-based roofer, Mario Cedeno, has filed a class action lawsuit against the now-dissolved Ultrack Construction, alleging the company failed to pay him for overtime hours worked. Cedeno claims he regularly worked 11-hour days, six days a week, totaling approximately 60 hours weekly, without receiving overtime pay as required by the U.S. Fair Labor Standards Act (FLSA).
The lawsuit states that when Cedeno inquired about the missing compensation, his employer allegedly responded that "no one pays overtime in construction work." Cedeno claims he was fired after raising the issue again, alleging retaliation.
According to the complaint, Ultrack Construction not only violated the FLSA by not paying overtime based on Cedeno's $20 hourly rate but also failed to maintain accurate records of his work shifts. The filing notes that employees were paid in cash, without pay stubs detailing hours, wages, or taxes withheld.
The FLSA mandates overtime pay for non-exempt employees working over 40 hours per week. The lawsuit seeks unpaid overtime wages, damages, and attorney's fees. The Department of Labor defines non-exempt workers as those in production, maintenance, construction, and similar roles, regardless of their pay rate.