Files Suit Against Diamond Triumph; Escalated to Federal Court
A suit filed against Diamond Triumph by an employee has been moved
to the U.S. District Court in the Southern District of Florida,
Broward Division, from the Circuit Court of Broward County. In the
complaint, Alex Gomez, who is represented by the Law Offices of
Freedland Farmer Russo Behren Sheller in Weston, Fla., alleges that
he and other similarly situated employees have frequently worked
in excess of forty hours per week for the Kingston, Pa.-based company
and were not paid "time and a half." The complaint is filed under
the Fair Labor Standards Act (FLSA). Gomez also alleges that in
his time employed in the receiving department at the company, he
frequently was required to work through lunch breaks and off the
clock and was not compensated as such.
The complaint claims that Diamond Triumph "negliglently and good
faith knowingly, intentionally and/or in bad faith, failed to pay
them all overtime compensation in violation of the FLSA."
Gomez seeks compensatory damages for the unpaid overtime, liquidated
damages, attorney's fees and court costs.
Diamond Triumph, who is represented by Jackson Lewis LLP in Miami,
filed a response on October 17, denying all allegations made in
the initial complaint.
Neither Scott Behren, the plaintiff's attorney, nor Scott Allen
and Patrick DeBlasio, the defendant's attorneys, were available
for comment today.
HERE for full text of initial complaint.
for full text of Diamond Trumph's response.
Need more info and analysis about the issues?
HERE to subscribe to AGRR magazine.