STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

CAROLYN R. OSTRUM,

Petitioner,

vs.

A UNIQUE FLOOR OF THE GULF COAST I,

Respondent.

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) Case No. 10-1180

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RECOMMENDED ORDER

This cause came on for final hearing on October 25, 2010, in Marianna, Florida, before Suzanne F. Hood, Administrative Law Judge with the Division of Administrative Hearings.

APPEARANCES

For Petitioner: Carolyn R. Ostrum, pro se

2842 McDonald Drive

Alford, Florida 32420 For Respondent: No appearance

STATEMENT OF THE ISSUE

The issue is the amount of back pay that Respondent owes

Petitioner.

PRELIMINARY STATEMENT

On June 16, 2010, the undersigned issued a Recommended Order in this case. The Recommended Order concluded that Respondent A Unique Floor of the Gulf Coast I (Respondent) had

committed an unlawful employment practice against Petitioner Carolyn R. Ostrum (Petitioner), but that the record was insufficient to determine what amount of back pay was owed to Petitioner.

On September 8, 2010, the Florida Commission on Human Relations issued an Order Awarding Affirmative Relief from an Unlawful Employment Practice and Remanding the Case to Administrative Law Judge for Issuance of Recommended Order Regarding Amounts of Back Pay Owed Petitioner. On September 9, 2010, the undersigned issued an Order Re-opening File and Requiring Response.

On September 24, 2010, the undersigned issued a Notice of Hearing and an Order of Pre-hearing Instructions. The notice scheduled the hearing for October 25, 2010.

Petitioner filed a response to the Order of Pre-hearing Instructions on October 18, 2010.

During the hearing, Petitioner testified on her own behalf.

Petitioner offered a composite exhibit that was accepted as evidence.

There was no court reporter at the hearing. Accordingly, there is no transcript of the proceeding. Additionally, neither party filed proposed orders.

Except as otherwise noted, all references hereinafter shall be to Florida Statutes 2010.

FINDINGS OF FACT

1. Petitioner began working for Respondent on or about January 26, 2009. Petitioner earned $10.00 per hour. Respondent terminated her employment on March 11, 2009.

2. Petitioner’s gross wages were as follows: (a) from January 26, 2009, to February 1, 2009, $320; (b) from February 2, 2009 to February 8, 2009, $322.50; (c) from February 9, 2009, to February 15, 2009, $250; (d) from February 16, 2009, to February 22, 2009, $430; (e) from

   February 23 through March 1, 2009, $270; (f) from March 3, 2009,

   
   

   to March 9, 2009, $110.58; and (g) from March 10, 2009, to

   
   

   March 11, 2009, last pay check dated March 13, 2009, $101.58.

   
   

3. Respondent paid Petitioner total gross wages in the amount of $1,804.08 over 45 days or 6.42 weeks. Her average weekly wage over that time was $281.01.

4. Petitioner attempted to find work immediately after being terminated by Respondent. She did not find a new job until January 10, 2010. However, Petitioner agrees that Respondent ceased operations on or about July 15, 2009. At that time, all employees, including Petitioner's daughter, were terminated.

5. Petitioner had no income for 18 weeks from March 11, 2009, through July 15, 2009. She is entitled to $5,058.18 in back wages for that period of time.

   
   

   CONCLUSIONS OF LAW

   
   

6. The Division of Administrative Hearings has jurisdiction over the parties and the subject matter of this proceeding pursuant to Sections 120.569 and 120.57(1), Florida Statutes.

7. Section 760.11(6), Florida Statutes, gives the undersigned authority to recommend the amount of back pay that Respondent owes Petitioner.

8. Petitioner met her burden of proving that Respondent owes her $5,058.18 in back pay. Because Respondent did not make an appearance, there is no evidence to the contrary.

RECOMMENDATION

Based on the foregoing Findings of Fact and Conclusions of Law, it is

RECOMMENDED:

That the Florida Commission on Human Relations enter a final order requiring Respondent to pay Petitioner $5,058.18 in back pay.

DONE AND ENTERED this 18th day of November, 2010, in Tallahassee, Leon County, Florida.

S

SUZANNE F. HOOD

Administrative Law Judge

Division of Administrative Hearings The DeSoto Building

1230 Apalachee Parkway

Tallahassee, Florida 32399-3060

(850) 488-9675

Fax Filing (850) 921-6847 www.doah.state.fl.us

Filed with the Clerk of the Division of Administrative Hearings this 18th day of November, 2010.

COPIES FURNISHED:

Bob Morrisseau

A Unique Floor of the Gulf Coast I 2672 West Laurel Drive

Alford, Florida 32420

Carolyn R. Ostrum 2842 McDonald Drive

Alford, Florida 32420

Denise Crawford, Agency Clerk

Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100

Tallahassee, Florida 32301

Larry Kranert, General Counsel Florida Commission on Human Relations 2009 Apalachee Parkway, Suite 100

Tallahassee, Florida 32301

NOTICE OF RIGHT TO SUBMIT EXCEPTIONS

All parties have the right to submit written exceptions within

15 days from the date of this Recommended Order. Any exceptions to this Recommended Order should be filed with the agency that will issue the Final Order in this case.

Docket for Case No: 10-001180

Orders for Case No: 10-001180