Adi Amit, Esq., partner at preeminent law firm Lubell Rosen, recently obtained a complete defense verdict and final judgment in favor of the defendants, a West Palm Beach cleaning company and its owner, and against three individuals who claimed to have been owed minimum wage under the FLSA. Lubell Rosen Associate Joshua M. Bloom also participated for the defense.

The case is representative of a major and prevalent issue in South Florida: cleaners colluding against cleaning companies — a result of the manner in which the business is conducted. Cleaners often work after hours, away from the employers’ facilities, where supervision and timekeeping are nearly impossible because of the location of the work, which is off-site.

The plaintiffs were represented by J.H. Zidell, Esq. of J.H. Zidell, P.A. of Miami Beach — one of the most active plaintiffs’ overtime and minimum wage law firms in South Florida. The case number was 1:15-cv-22606-JJO, in the United States District Court for the Southern District of Florida. The presiding judge was the Honorable Magistrate Judge John J. O’Sullivan.

The plaintiffs, Melba Moreira, a cleaner since 2009, her husband Raul Moreira, and her sister Rafaela Ruiz, filed a lawsuit on July 10, 2015, claiming that all three worked six hours every day Monday through Friday from 2012 through present, cleaning two floors for the defendants at the EcoPlex building in West Palm Beach. The Amended Complaint stated that all three individuals should have been paid minimum wages by the defendant, Americlean Building Maintenance, Inc., which services several offices and other commercial buildings in Palm Beach and Broward Counties. The company’s cleaning personnel goes to the buildings after hours to spot vacuum, spot mop, empty trash bins, spot clean windows, and replace supplies. The plaintiffs also claimed that the owner of the company, James Johnson, was also liable, individually, as their employer, under the FLSA.

The plaintiffs sought over $215,000 in damages, excluding costs and attorney’s fees.

The defendants denied that any of the plaintiffs, other than Melba Moreira, worked for them and that even if they did, the defendants did not agree to it, and were not aware of such work being done by anyone other than Melba Moreira on their behalf.

After the jury trial in Miami, the jury came back with a complete defense verdict, finding that only Melba Moreira worked for Americlean Building Maintenance, Inc. and that James Johnson was not any of the plaintiffs’ “employer” under the FLSA.

“In South Florida, the issue of cleaners trying to sue their employers is becoming more prominent,” said Amit. “The fact that they work away from the companies’ facilities gives them the opportunity to collude against the cleaning companies and make false claims that they worked, when they did not. In this case, I am happy that we were able to demonstrate the truth in front of the jury and that the jury agreed with us that my clients followed the law,” said Amit.

“Cases such as this one represent an unfortunate trend in the South Florida cleaning industry. It is crucial for defendants to have an experienced, knowledgeable lawyer such as Mr. Amit, who has had several wins over the past few months in such cases, to defend them,” said Steven L. Lubell, Esq., partner at Lubell Rosen.

Amit focuses his practice on employment defense litigation, representing small- to medium-sized businesses and their owners across Florida. He also helps clients in managing their employee-related needs and mitigating future possible liability. Amit has been recognized as a Florida Super Lawyers® Rising Star, editions 2010–2012 and 2014– 2016, representing the top 2.5 percent of up-and-coming lawyers in the state of Florida.