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1 RESOLUTION NO. ______ _
2
3 A Resolution authorizing the City Manager to execute settlement documents
4 in the case of Michael Weissberg vs. City of South Miami and to pay
5 Michael Weissberg and his attorney for wages, damages, attorney's fees and
6 costs.
7
8 WHEREAS, Michael Weissberg ("Weissberg") filed a lawsuit against the City of South
9 Miami (the "City") in Case No. 13-CV-23875-Moore/McAliley, titled Michael Weissberg -vs-
10 City of South Miami, alleging that the City violated the Fair Labor Standards Act ("FLSA") by
11 failing to pay him time and one-half for work performed in excess of forty hours per week; and
12
13 WHEREAS, Weissberg initially demanded overtime payments for the period of time
14 from approximately November 1,2012 through August 23,2013, for between 5 to 10 overtime
15 hours per week at the time and one half rate of$46.36 per hour plus liquidated damages equal to
16 the same amount; and
17
18 WHEREAS, the City denied these claims and maintained that Weissberg was properly
19 paid for all his hours, and otherwise denied any violation of the FLSA. The City's position is that
20 Weissberg is owed nothing and was properly compensated; and
21
22 WHEREAS, the FLSA provides that an employee is entitled to double his overtime
23 wages that are wrongfully withheld as well as an award of attorney's fees and costs; and
24
25 WHEREAS, Weissberg's attorney claims that he has incurred $10,000 in fees and costs
26 as of two months ago and that his fees have been continuing to accrue; and
27
28 WHEREAS, the City disputed the records ofMr. Weissberg and disputes the
29 calculations made from Mr. Weissberg's records; and
30
31 WHEREAS, the City's outside counsel has negotiated a settlement for the total sum of
32 $17,500, including wages, liquidated damages and attorney fees and costs in lieu of a costly and
33 lengthily trial; and
34
35 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY
36 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
37
38 Section 1. The City Manager is authorized to execute settlement documents the case of
39 Michael Weissberg vs. City of South Miami and limiting the settlement to disputed overtime
40 hours for alleged work performed as a shift supervisor prior to roll call and to cause the issuance of
41 a check in the amount of $4,125 to Michael Weissberg for wages and $4,125 for liquidated
42 damages, as required by the federal Fair Labor Standards Act, and a check in the amount of
43 $9,250 to his attorney's firm for attorney's fees and costs from account 001-1500-514-3410 with
44 a current balance of $181 ,681.
45
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Section 2. If any section clause, sentence, or phrase of this resolution is for any reason
held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect
the validity of the remaining portions of this resolution.
Section 3. This resolution shall become effective immediately upon adoption by vote of
the City Commission.
PASSED AND ADOPTED this __ day of _____ , 2014.
ATTEST: APPROVED:
CITY CLERK MAYOR
COMMISSION VOTE: READ AND APPROVED AS TO FORM,
LANGUAGE, LEGALITY AND
EXECUTION THEREOF
Mayor Stoddard:
Vice Mayor Harris:
Commissioner Edmond:
Commissioner Liebman:
CITY ATTORNEY Commissioner Welsh:
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