Employee 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.

CLICK HERE for full text of initial complaint.

CLICK HERE for full text of Diamond Trumph's response.

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