Suits claim 2 Florida law firms failed to pay overtime
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Updated: Two lawsuits filed in federal court in Florida claim two personal injury law firms failed to pay overtime to office workers.
The suits claim the law firms are violating the Fair Labor Standards Act.
One of the defendants is the Jodat Law Group, with offices in Sarasota, Bradenton, Venice, and Tampa. The plaintiff, Jayne Hinkle, is suing on behalf of herself and other office managers in a would-be class action.
Hinkle says she set appointments with clients, ordered office supplies, organized the office, and picked up mail from one office location and drove it to her assigned location. She says she routinely worked more than 40 hours a week, but did not receive overtime pay. She also claims she was not paid for travel time to deliver mail.
The other defendant is the Disparti Law Group, located in Holiday with offices in Illinois and California, as well. The plaintiff, Brandi Durrett, managed cases, kept clients informed and organized client files. The suit is filed on behalf of Durrett and other case managers.
Durrett says she routinely worked more than 50 hours a week. Durrett alleges she clocked in and out, but was paid with a personal check for straight time, rather than time and a half, for hours worked in excess of 40 hours a week. Sometimes she was given compensation time rather than overtime pay, she alleges.
Lawrence Disparti of the Disparti Law Group did not immediately respond to the ABA Journal’s phone message seeking comment.
Gary Jodat of the Jodat Law Group told the ABA Journal that, before filing the lawsuit, the plaintiff had not sought overtime pay beyond the hours claimed on her timesheet.
“I know the law regarding wages. And my firm complies with the law,” Jodat said. “I was not informed of any concerns by the plaintiffs about this alleged noncompliance. Otherwise I would have looked into it and corrected it if necessary. Neither the lawyer who filed the lawsuit nor the plaintiff consulted me regarding this claim prior to filing the lawsuit.
“The plaintiff was paid overtime almost every week wherever the plaintiff indicated she worked overtime. The plaintiff filled out her own timesheet, including designating her overtime. I never told the plaintiff or any hourly worker they wouldn’t be paid overtime.”
Morgan & Morgan is representing the plaintiffs in both suits.
Hat tip to Law360.
Updated on Oct. 4 to add Jodat’s comments.
