Ex-Employee Lawsuit Alleges Unpaid OT, Attempted Sexual Battery

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A Florida woman formerly employed as a kitchen worker by Presbyterian Retirement Communities, Inc. has filed a proposed class/collective action against the company alleging that not only was she not paid proper overtime wages, but that she was fired from her position in retaliation for complaining about being improperly compensated. On top of these allegations, the plaintiff, who worked for the defendant from November 2015 through January 2017, alleges she was the victim of battery and attempted sexual battery by a supervisor during her time with Presbyterian Retirement Communities.

The lawsuit claims the plaintiff and similarly situated employees worked more than 40 hours during numerous workweeks without being paid at the time-and-a-half hourly overtime rate for this over-40-hour work time, an alleged Fair Labor Standards Act violation the suit attributes to a broken time clock at one of the defendant’s facilities. Moreover, the plaintiff claims her supervisors would manipulate proposed class members’ recorded work time, in line with the defendant’s “top down centralized policy of requiring employees to work off-the-clock” to avoid paying overtime wages.

The case notes the plaintiff on three separate occasions complained to her supervisor about not receiving proper overtime pay, until she was fired on January 11, 2017.

The last allegation described in the complaint pertains to an alleged violation of Florida’s Whistleblower Act by the defendant. The plaintiff alleges the defendant unlawfully failed to adequately supervise its employees to “ensure that they were not creating an environment that was not free from hazards” likely to cause harm. To this point, the case alleges the plaintiff’s supervisor committed battery and attempted sexual battery.