Florida Verdicts
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Type:
Verdict-Defendant
State:
Florida
Venue:
Federal
Court:
U.S. District Court, Southern District, Miami
Case Type:
Employment – Wages and Hours, Fair Labor Standards Act
Case Name:
Melvin Manuel Lopez Osorio v. Art Landscaping, Corp. and Alexander Acosta,
No. 1:15-cv-20614-AOR
Date:
September 14, 2016
Plaintiff(s):
Melvin Manuel Lopez Osorio (Male)
Plaintiff Attorney(s):
K. David Kelly;
J.H. Zidell P.A.;
Miami Beach,
FL,
for
Melvin Manuel Lopez Osorio
Defendant(s):
Alexander Acosta,
Art Landscaping, Corp
Defense Attorney(s):
Leslie W. Langbein;
Langbein & Langbein;
Miami Lakes,
FL,
for
Alexander Acosta, Art Landscaping, Corp
In February 2015, plaintiff Melvin Manuel Lopez Osorio sued Art Landscaping, Corp. and its owner, Alexander Acosta, for alleged violations of the U.S. Fair Labor Standards Act. Osorio worked as a landscaper for Art Landscaping in Miami-Dade County from April 16, 2011 until January 9, 2015. Osorio claimed he worked an average of 68.5 hours per week and was paid on a daily rate basis. Osorio claimed he was never paid the overtime rate for any hours worked over 40 hours in a week as required by FLSA. Osorio voluntarily quit his job. Defense counsel for Art Landscaping and Acosta denied violating the FLSA and contended Osorio was not owed any overtime wages. The defense argued Osorio’s work hours had been tracked each week on time cards, that he was paid on an hourly basis, and was paid time and a half for all hours worked over 40 in a work week the he worked. The defense produced time records at trial, pay checks, and a spreadsheet that showed the calculation of Osorio’s pay each week during the period of time he claimed overtime pay. Defense counsel claimed they had sought legal advice from a board-certified Labor and Employment Agency numerous times regarding compliance with the FLSA. The defense also claimed that Osorio failed to produce any witnesses or written documentation to back up his claims he was not paid overtime.
Osorio approximated that he worked a total of 5,643 overtime hours. He claimed the half-time overtime rate of $5.03 for each of the approximately 5,643 overtime hours he worked for Art Landscaping.
The jury found that Osorio was not owed overtime wages.
Judge:
Alicia M. Otazo-Reyes
Trial Length:
3
days
Trial Deliberations:
1.5
hours
Jury Composition:
3 male/ 5 female
This report is based on information that was provided by plaintiff’s counsel. Defense counsel declined to comment.