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Law360 (August 18, 2020, 8:35 PM EDT) -- Florida bankruptcy firm Kingcade Garcia McMaken was hit with a federal wage lawsuit Monday by a paralegal claiming she wasn't paid overtime despite long workweeks and never received emergency sick time compensation when she had COVID-19.
Mayra Santos-Urquiola claims the Miami firm violated the Fair Labor Standards Act throughout her 16-year tenure and, more recently, ran afoul of the Emergency Paid Sick Leave Act when she took time off after her coronavirus diagnosis.
The firm and principal Timothy S. Kingcade "knowingly and willfully" failed to pay overtime wages to Santos-Urquiola, according to the complaint, filed in the Southern District of Florida. The complaint doesn't say if Santos-Urquiola is still employed with the firm.
The paralegal began working for the firm in 2004, according to the complaint. Her duties included interviewing the firm's clients and preparing four bankruptcy petitions per day for $50 each, but she didn't get paid if a client didn't ultimately sign the petition, the complaint said.
Santos-Urquiola alleged she logged in 60 to 70 hours per week, sometimes working on Saturdays, but never received any overtime pay. The FLSA requires overtime pay at a rate of time and a half for wage earners who work more than 40 hours per week, with certain exemptions.
On July 31, after experiencing symptoms, Santos-Urquiola took a coronavirus test that came out positive, the complaint said. She claimed her doctor advised her to self-quarantine and take off work for 14 days, according to the complaint.
Santos-Urquiola informed the firm about her illness and provided her positive test results and medical record indicating that she needed to take two weeks off, according to the complaint. She took time off from Aug. 1 to Aug. 10, the complaint said.
Santos-Urquiola took another coronavirus test on Aug. 10 that came out negative, but she continued to experience symptoms and told the firm she still felt ill, according to the complaint.
Kingcade directed her to return to work "upon the threat of suspension for failure to do so," the complaint said. He told her that working remotely wasn't an option because it was essential that she meet with clients in person, according to the complaint.
Santos-Urquiola claimed she wasn't paid for the time she took off for having the coronavirus, in violation of the Emergency Paid Sick Leave Act.
Representatives for the parties didn't immediately respond to requests for comment.
Santos-Urquiola is represented by Mark J. Beutler of the Law Offices of Mark J. Beutler PA.
Counsel information for the defendants was unavailable.
The case is Mayra Santos-Urquiola v. Kingcade & Garcia PA et. al., case number 1:20-cv-23416, in the U.S. District Court for the Southern District of Florida.
--Editing by Bruce Goldman.
For a reprint of this article, please contact reprints@law360.com.
