MIAMI — The University of Miami Hospital is fighting a putative class action in Florida federal court. A former employee filed a wage and hour class action against the hospital alleging failure to pay nonexempt employees for all of the hours they worked and failure to pay overtime. The former employee also claims the hospital retaliated against him after he raised the issue with his supervisors. The lawsuit claims the hospital violated both state labor law and the Fair Labor Standards Act (FLSA), a federal labor law.
The Claim
Allan Gutierrez filed his lawsuit in April of this year. He worked for the hospital from July 2012 to August 2013 as a nonexempt employee. As a nonexempt employee he was entitled to overtime pay if he worked more than 40 hours in a work week. Gutierrez claims the hospital not only failed to pay proper overtime wages, it also allegedly failed to pay him anything for many of the hours he worked. Gutierrez also claims the hospital automatically recorded and deducted time for meal breaks, even when he did not take these breaks. When Gutierrez brought these pay discrepancies to the hospital’s attention, he claims his hours were reduced to one day a week in retaliation.
Labor Laws & Retaliation
Labor laws, like the FLSA and state minimum wage laws, are enacted to protect employees from thing like working long hours for little or no pay. In order to do so, employers must follow the laws or be reported when they do not. Lawmakers realize that raising the issue of improper pay and work schedules can make employees a target for their employers. Nearly all labor related laws contain anti-retaliation provisions. These provisions prohibit anyone from retaliating against an employee who brings a complaint or assists in the investigation of the complaint.
Retaliation is any action, motivated by an employee making the complaint or assisting in the investigation of the complaint, which negatively affects employment. As in this case, the negative effect was the severe reduction in hours, which Gutierrez believes was based on his complaint and which forced him to find other employment. Other negative actions can include demotions, exclusion from training or other employment growth opportunities, reduction in benefits, and termination.
If you believe you have been retaliated against for reporting wage violations or that your employer has failed to pay proper overtime, contact our knowledgeable team of overtime pay lawyers today at (855) 754-2795 or complete the Free Unpaid Overtime Case Review form and our experienced legal team will evaluate your case. If we accept your case, we will represent you under our No Fee Promise. This means there are no legal fees or costs unless you receive a settlement. However, there are strict time deadlines for filing lawsuits, so it is important to contact an attorney immediately.