PANAMA CITY — A lawsuit has been filed in federal court alleging the owners of three homes for adults with disabilities in Bay County failed to pay overtime to at least four current and former employees.
According to the complaint, Bonnie Dewitt, Brenda Roulhac, Bridgitte Draper and Melissa Cagle were taken off the clock during overnight shifts at homes operated by Residential CRF, Inc., which is named as a defendant in the suit, along with Frederick Shilling, who is in charge of day-to-day operations of Residential CRF’s Bay County homes.
The women were or are hourly employees entitled to be paid 50 percent more for any hours they worked over 40 each week under the Federal Labor Standards Act. Their suit contends Residential CRF and Shilling scheduled them for weeklong shifts during which they were required to sleep at the home but took them off the clock overnight even though the plaintiffs were providing care during overnight hours.
“We think that’s a violation of the Fair Labor Standards Act,” said Sean Culliton, an attorney representing the women.
Craig Williams, an Indiana-based attorney representing Shilling and Residential CRF, could not be reached Tuesday to comment on the suit; a message at his law firm said the office was closed due to extreme weather. Williams has filed a response to the suit denying any wrongdoing by his clients.
In the response, Williams lays out several possible defenses, including the assertion that the statute of limitations for such a suit has passed. He also argues the plaintiffs were exempt from FLSA overtime requirements when they worked for Residential CRF.
Shilling said there had been an honest misunderstanding and he was working toward a fair resolution. He said he expected the suit to be resolved without a trial and didn’t expect to be held personally liable.
The plaintiffs intend to ask the judge to turn the suit into a collective action, Culliton said, which would allow other people to join the suit as plaintiffs.
“It’s stunning how frequently these overtime laws are violated, especially in North Florida where there’s very little union representation,” he said.
He added that his clients were dedicated to the residents of the homes where they worked, which are not identified in the suit, but they felt they were being taken advantage of.
“It’s a critical function in society to have some mechanism to care for these folks, but we’re saying you’ve got to do it in the right way,” Culliton said.
The plaintiffs are seeking back pay for the hours they allege they were not compensated for working, as well other damages and attorney’s fees.