Freight Breakers, LLC

You may be eligible to join this case to recover overtime back wages and liquidated damages if you worked for Freight Breakers loading and unloading freight in Florida at any time between July 10, 2023 and the present, worked more than 40 hours in at least one workweek, and were paid on a piece-rate basis. To request to join this federal case, you must fill out and sign a Consent to Sue form and return it to Getman, Sweeney & Dunn, PLLC by fax, email or mail. The Consent to Sue form may be submitted electronically online through this website (click here). We will file it with the Court on your behalf.

About This Case

This case is brought by two Named Plaintiffs who are former employees of Defendant Freight Breakers, LLC. The Named Plaintiffs worked for Freight Breakers as Lumpers, loading and unloading boxes from Freight Breakers’ customers’ trailers. Freight Breakers pays Lumpers on a piece-rate basis for each box they load and unload and an hourly rate for certain periods of downtime. The lawsuit alleges that Freight Breakers violated the federal Fair Labor Standards Act (“FLSA”) by failing to pay the Named Plaintiffs and other Lumpers overtime wages for all hours worked over 40 in a week. The lawsuit further alleges that Freight Breakers violated Florida state law by failing to pay the Named Plaintiffs and other Lumpers the Florida State minimum wage for each hour worked in some weeks. We filed this case in the United States District Court for the Western District of North Carolina, Statesville Division. This lawsuit seeks to compel Freight Breakers to pay the Named Plaintiffs and other Lumpers unpaid overtime wages under the FLSA, unpaid minimum wages under Florida State law, and additional and equal amounts as liquidated damages. Click here to read the complaint that has been filed with the Court. Getman, Sweeney & Dunn, PLLC, is representing the Plaintiffs along with local counsel, Timothy Coffield, of Coffield PLC.

Answers to Common Questions

Which employees can be part of this lawsuit?

All current or former employees of Freight Breakers in Florida at any time between July 10, 2023 and the present, who loaded and unloaded freight, worked more than 40 hours in at least one workweek, and were paid on a piece-rate basis can ask to join this case by filling out and signing a Consent to Sue form and returning it to Getman, Sweeney & Dunn, PLLC. If you have any questions about whether you are eligible to join this lawsuit, please email freightbreakers@getmansweeney.com.

What claims are covered in this case?

The lawsuit covers federal claims for unpaid overtime wages under the FLSA and state law claims for unpaid minimum wages under Florida State law.

What damages are sought?

Damages sought under the FLSA include overtime backpay, an equal amount of liquidated damages, attorneys’ fees, and any costs of litigating the case. Damages sought under Florida State law include minimum wage backpay, an equal amount of liquidated damages, attorneys’ fees, and any costs of litigating the case.

How far back can claims be made?

Generally, under the FLSA, you are entitled to make overtime claims for the period extending back three years from the date your Consent to Sue form is filed with the Court. Freight Breakers will be allowed to argue that their violations were not willful and that the FLSA claims should be limited to a two-year period preceding the filing of your Consent to Sue. Florida state law entitles you to make minimum wage claims for the period extending back five-years-and-fifteen-days from the date the Complaint was filed. We filed the Complaint on July 10, 2026. Freight Breakers will be able to argue that their violations were not willful under Florida State law and that the minimum wage claims should be limited to a period of four years preceding the filing of the Complaint.

How do I join the case?

To bring claims under the FLSA for back overtime wages and an equal amount of liquidated damages in this action, you must affirmatively join the case. You can request to join this case by completing a Consent to Sue form (click here) and return it to Getman, Sweeney & Dunn, PLLC by fax, email or mail. The Consent to Sue form may be submitted electronically online through this website (click here). You need the free Acrobat Reader installed to view the form. You do not need to do anything to join the putative class for the Florida State minimum wage claims. Plaintiffs expect to ask the Court to certify the Florida minimum wage claims for class treatment after a period of discovery. If the Court grants Plaintiffs’ request, notice of the class action will be sent to the class members, notifying them of their right to opt out of the Florida minimum wage class.

Can I wait to file my Consent to Sue form?

You are not part of the FLSA case until your Consent to Sue form is filed. If you delay in filing the Consent to Sue Form, part or all of your FLSA claim may be barred by the statute of limitations.

Do I have to pay to join the case?

No. The attorneys are handling this case on a contingent basis and will only be paid if Plaintiffs recover through a settlement or final judgment. Under the FLSA and Florida minimum wage law, if Plaintiffs recover back wages, Freight Breakers must pay the Plaintiffs’ costs and attorneys’ fees.

Can Freight Breakers fire me or take action against me for joining the case?

The law prohibits retaliation for joining an overtime or minimum wage lawsuit. If any employee suffers retaliation, Freight Breakers would be liable for additional monetary damages and may suffer criminal penalties. Notify us immediately if you hear of any threats of retaliation or if you think any retaliation occurred. Retaliation is extremely rare in overtime and minimum wage cases because an employer can suffer such serious penalties.