FOR IMMEDIATE RELEASE
July 14, 2021
Contact: Eric W. Boyer, Esq.
305.670.1101 Ext. 1023
QPWB GETS COMPLETE DEFENSE VERDICT FOR
NATIONAL GROCER ON FLSA CLAIMS
Labor and Employment Law
MIAMI ― Reginald J. Clyne and Audrey-Jade Salbo, attorneys in the Miami office of Quintairos, Prieto, Wood & Boyer, P.A. (QPWB), obtained a complete defense verdict on behalf of a Miami based national leading independent grocer in a Fair Labor Standards Act action brought in the United States District Court for the Southern District of Florida. The case was part of a “Pilot Program” organized by the Southern District of Florida and was one of the first cases to be tried as an in-person jury trial since the COVID-19 outbreak.
The plaintiff, a former store manager, alleged he was entitled to overtime pay because he did not qualify as an exempt employee under the Executive Exemption of the Fair Labor Standards Act. Plaintiff claimed that he worked in excess of 25 hours of overtime per week and that a majority of his job tasks involved manual labor and were not supervisory in nature. Plaintiff further alleged that he was entitled to three years’ worth of overtime pay instead of two years because the defendant had willfully violated the Fair Labor Standards Act. Plaintiff sued on his behalf and on behalf of managers similarly situated.
The Court partially granted the defense’s motion for Directed Verdict, drafted by QPWB Associate, Mariana Muci, finding plaintiff had presented no evidence of willful violation of the Fair Labor Standards Act and allowed for the determination of whether plaintiff was entitled to overtime pay for the remaining two years to go to the jury. The defense successfully established and the jury found that the defendant did not fail to pay overtime wages as required by the Fair Labor Standards Act.
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Reginald J. Clyne, a partner in the Miami office and Chair of the Employment Practice Group, practices in state and federal courts focusing on employment law, commercial litigation, product liability, toxic tort, automobile negligence, construction litigation, contract disputes, Dram Shop Act, Title VII, Section 1983, whistleblower acts, non-compete violations, product liability, and resort and tour accident. He served as an arbitrator for the American Arbitration Association on the Employment and Commercial Law Panel. Mr. Clyne received the AV® Preeminent™ designation rating from Martindale Hubbell Law Directory and is included in the annual listings of Top Lawyers in South Florida, Top Lawyers in Florida, and Super Lawyers®. He received his law degree from Duke University School of Law and a Master of Public Policy from the Sanford School of Public Policy at Duke University in 1986. He is admitted to practice in Florida. Mr. Clyne has lived in Africa, Brazil, Honduras and Nicaragua; he is fluent in Spanish and has a knowledge of Portuguese.
Audrey-Jade Salbo, an associate in the Miami office, focuses in the areas of employment practices claims, general liability, automobile negligence, premises liability, and insurance defense litigation involving catastrophic injuries and wrongful death. She received her law degree from Florida International University College of Law in 2015. Ms. Salbo is fluent in Spanish and French.
QPWB is the largest minority and women owned law firm in the nation with over 380 lawyers serving clients from 27 offices in the U.S. and abroad. Our lawyers provide representation in litigation, business, real estate and governmental law.