A former employee has filed suit against Herbs by the Pound, LLC and an individual who controls the business in an effort to recover allegedly unpaid wages. The plaintiff says she cleaned and packaged herbs for the company between October 2011 and December 2017. According to the complaint, the woman put in more than 40 hours per week but wasn’t paid according to the Fair Labor Standards Act’s overtime requirements. She argues that her 12 hours of overtime per month, multiplied by one and one-half times her regular pay rate of $14.50 per hour, totaled approximately $20,880.00 in allegedly unpaid overtime wages throughout her employment.
The complaint then explains that the plaintiff underwent a surgery in November 2017 that would require her to be out of work for two weeks. According to the suit, the plaintiff provided her employers with the necessary documentation beforehand and secured approval from her supervisor for the time off. After the surgery was unsuccessful, the case continues, the woman's doctor pushed back the date she could return to work and advised that she be put on “light duty.” The plaintiff claims upon her return on or around December 4, 2017, she was terminated in retaliation for her disability.
Originally filed in state court, this case has since been removed to the District Court for the Southern District of Florida.