United States District Court, M.D. Florida, Jacksonville Division
REPORT AND RECOMMENDATION
PATRICIA D. BARKSDALE UNITED STATES MAGISTRATE JUDGE.
the Court in this case under the Fair Labor Standards Act
(“FLSA”), 29 U.S.C. §§ 201-219, is the
parties' joint motion under Lynn's Food Stores,
Inc. v. U.S. by & through U.S. Dep't of Labor,
679 F.2d 1350, 1354 (11th Cir. 1982), for approval of a
settlement agreement and dismissal of the action with
prejudice. Doc. 17.
2019, Ronald Burkett sued Hickory Foods, Inc., on behalf of
himself and others similarly situated. Doc. 1. In the
complaint, he alleges these facts.
distributes meat wholesale to grocery retailers. Doc. 1
¶ 14. Hickory hired Burkett in January 2010 as a machine
technician. Doc. 1 ¶ 20. Burkett would weld, build,
troubleshoot, and repair meat-manufacturing equipment. Doc. 1
¶ 21. From January 2010 to July 2018, Hickory failed to
pay Burkett at one and one-half times his regular rate of pay
for any overtime hours worked. Doc. 1 ¶ 22. He worked
more than forty hours a week most weeks. Doc. 1 ¶ 24.
Hickory failed to maintain proper time records. Doc. 1 ¶
alleges the facts are common to a class of machine
technicians who worked for Hickory within the last three
years and were not paid time-and-a-half for overtime hours.
Doc. 1 ¶¶ 25-34.
brings one claim: a FLSA claim for failure to pay overtime
wages, Doc. 1 ¶¶ 35-43. He seeks certification of
the action as a class action; overtime wages; liquidated
damages; pre- and post-judgment interest; attorney's
fees, costs, and expenses; and a declaration stating that
Burkett violated FLSA, failed to keep accurate time records,
has a legal duty to pay overtime wages, failed to prove a
good-faith defense, and that Burkett is entitled to damages
and attorney's fees. Doc. 1 ¶ 43. He also filed a
notice of consent to join the action. Docs. 2, 2-1.
filed an answer denying liability. Doc. 7. Hickory raises 29
affirmative or other defenses, including that Hickory is not
a proper party to the action, executive or administrative
exemptions apply, Burkett cannot properly represent the
class, and that Hickory did not act willfully. Doc. 7.
Regarding the proper entity to sue, Hickory states,
“Defendant admits that Hickory is a management company
that provides administrative and payroll services to
[nonparty] Flanders Provision Company LLC, ” and that
Flanders “is engaged in the manufacturing and wholesale
distribution of meat for retail grocery customers throughout
the United States.” Doc. 7 ¶¶ 14, 17.
2019, Burkett answered the Court's interrogatories. Doc.
13. He states his regularly scheduled work period was Monday
through Friday from 3:00 p.m. to 1:00 a.m., but because of
the work he was often required to work longer or on the
weekends. Doc. 13 at 1. He states that, in 2014, his title
changed from “technician” to “supervisor,
” but his duties did not change. Doc. 13 at 1. He
states his regular rate of pay was $960 a week. Doc. 13 at
1-2. He provides an accounting from May 2016 (assuming a
three-year statute of limitations) to July 2018. Doc. 13 at
2. He states he worked approximately 13 hours of overtime
each week. Doc. 13 at 2. He answers the interrogatories on
wages owed as this:
d. pay received versus pay claimed: Please see response to
e. total amount claimed: I am unable to accurately determine
the amount that I am owed for unpaid overtime without
additional documentation from Defendant. However, the
following is a good faith estimate of the wages which I am
owed. $51, 948.00 plus liquidated damages, and attorney's
fees and costs calculated as follows:
With the FLSA's 3-year statute of limitations which looks
hack to May 13, 2016, I was employed a total of 111 work
weeks. During this time, I worked an average of 13 hours of
overtime each week.
Based on my recollection of the amount that I was paid each
week, my damages are:1
$960.00/53 hours = $18.11 regular hourly rate of pay $18.11/2
= $9.06 half-time overtime rate
$9.06/hour x 13 overtime hours per week x 111 weeks = $13,
073.58, plus an equal and additional amount for liquidated
damages, in addition to attorneys' ...