I am happy to report that the District Court for the Southern District of Florida recently certified a collective action for all sales employees against against 7 Call Center Inc., Chaban Wellness LLC, Alejandro Chaban, and Ronald Day for not including commissions when paying overtime to their employees. You may know these employers from their Yes You Can! Diet Plan. The lawsuit seeks to recover the additional overtime that the sales employees earned, liquidated damages of an amount equal to the unpaid/underpaid overtime wages, attorneys’ fees and costs.
The Court appointed FairLaw Firm as counsel for the collective action. What made this a more unusual case was the fact that the Defendants required their employees to sign arbitration agreements after they learned about this lawsuit. While the Court decided to not invalidate the arbitration agreements at this time, the Court directed that “corrective language” be included in the notices to be sent out to Defendants’ current and former employees.
Click to read the Order Granting Plaintiff’s Motion for Certification of Collective Action and for Permission to Send Court Supervised Notice
For more information, please contact Brian H. Pollock, Esq. at the FairLaw Firm at (305) 400-4903.