Winston, who served as a studio manager, event planner and production coordinator from August 3, 2013 to February 29, 2016, claims Burruss failed to pay him wages for time spent working in the recording studio, planning events, running errands, preparing meals for events, performing handyman and housekeeping duties, attending meetings, and more.
In the October 27, 2016 lawsuit, Winston claims he was ordered to attend mandatory meetings twice each month and to be available to work seven days a week for 10 to 12 hours a day. Throughout his employment, he was reportedly paid for five days a week.
When his title was changed to event planner in February of 2014, his duties allegedly increased and he was required to work for seven days a week for 20 hours a day.
READ COURT DOCUMENTS VIA RADAR ONLINE HERE!
He was terminated on April 20, 2015 before they re-hired him on May 1, 2015.
“Beginning in August 2013 and continuing through his termination on February 29, 2016, Defendants failed to pay Mr. Winston any overtime pay for performing his duties as required by the FLSA,” the filing read. “Defendants failed to pay Mr. Winston the required minimum wage for performing his duties as required by the FLSA.”
Winston claims Burruss denied his request for required pay.
He demands a trial by jury and asks to be granted “liquidated damages in an additional amount equal to back pay and benefits.”
In Burruss’ response to the lawsuit filed on November 28, 2016, she denied the allegations against her.
“Defendants did not willfully violate the Fair Labor Standards Act because any acts or omissions giving rise to this action were reasonable, undertaken in good faith, and were not undertaken with reckless disregard as to whether such actions or omissions violated the FLSA,” the response read. “Defendants cannot be liable for liquidated damages.”
Burruss asks the complaint be dismissed with prejudice.
Viewers were introduced to Winston during a recent episode of RHOA, Burruss explained her reasoning for terminating her longtime employee.
“The reason you were let go is because you have your side company,” she said. “It was business.”
When he explained how they should’ve had a conversation before the firing, she responded, “I don’t have to have any extra conversations with you about it. I’m the one f*****g paying you every week.”
Winston fired back, “But do you feel that what I was getting each week was worth what I was doing?”
“I don’t give a f**k if you thought it was worth what you were doing, you accepted the pay,” Burruss yelled. “I’m going to take my fake money and not worry about paying you anymore. Let this be the last paycheck you’re going to get from me. Goodbye!”
Photo Credit: Bravo
