Landscaping Worker’s Overtime Lawsuit Delayed Over FLSA Coverage Gaps

The case of Jackson v. Creation Maintenance Inc., which was filed in 2023, claims that Creation Maintenance Inc. had neglected to pay Travis Jackson, a former employee, overtime compensation as legally required by FLSA. Jackson primarily performed manual labor, handling landscaping and lawncare at residential and business properties. Since there was no response from the company, a ‘default” was entered in the case. This means that because there was no response from one side, entering a default would be the first step in receiving a default judgment (judgment without having to wait for further action from the other party).

That being said, Jackson wanted a default judgment, but the court had determined that there was not enough evidence. All that was stated in the complaint is that Creation Maintenance Inc. earned more than $500,000 in revenue and employed more than two people. It did not provide actual proof of misconduct that violates the FLSA.

Since Jackson failed to meet the coverage requirements of FLSA, the court dismissed his complaint but gave him another chance to address this issue at a later date.

Key lessons from this case:
  • This case highlights how complicated overtime laws can be and how employees may face challenges when they look for fair wages.
  • It is also important to establish coverage under FLSA to be compensated for overtime. Employees don’t often know their rights or where they may stand when it comes to overtime compensation.
  • A default judgment can sometimes take place if the accused has failed to acknowledge the lawsuit.

If you want to know more about overtime regulations, read our guide on Florida Overtime Laws.

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