|UNITED STATES DISTRICT COURTMIDDLE DISTRICT OF FLORIDAOCALA DIVISION
Plaintiff, Case No.
Plaintiff Sam Sample, by his attorneys Massey & Duffy, PLLC, alleges:
JURISDICTION AND VENUE
- This Court has original federal question jurisdiction under 28 U.S.C. § 1331 because this case is brought under the Fair Labor Standards Act, 29 U.S.C. §§ 201, et seq. (“FLSA”).
- Venue is proper in this District because Defendant conducts business in this District, Defendant is incorporated and has its principal executive offices in this District, and the acts and/or omissions giving rise to the claims herein alleged took place in this District.
- Plaintiff Sam Sample is a Florida resident and was employed by Defendant in Florida from July 2005 to on or around August 2008.
- Sample Defendant, is a Florida corporation with its headquarters in Ocala, Florida. At all relevant times, Defendant has been an employer engaged in interstate commerce and/or in the production of goods for commerce within the meaning of 29 U.S.C. § 203.
- Defendant employed Plaintiff as an assistant superintendent.
- Plaintiff routinely worked more than forty hours a week.
- Defendant did not compensate Plaintiff for hours worked in excess of forty per week.
- When Plaintiff missed part of a work day for any reason, Defendant docked his pay. On these occasions, Plaintiff was compensated for fewer than forty hours even if he worked more than forty hours those weeks.
- Defendant failed to maintain accurate records of Plaintiff’s time.
- Plaintiff has sustained substantial losses from Defendant’s failure to pay them for all hours worked.
FIRST CLAIM FOR RELIEF
(FLSA Overtime and Record Keeping
Violations, 29 U.S.C. §§ 201 et seq.)
- Plaintiff realleges and incorporates by reference all previous paragraphs.
- Plaintiff regularly worked in excess of forty (40) hours per workweek.
- Defendant failed to pay Plaintiff at one and one half times his regular rate for hours worked in excess of forty (40) per workweek.
- At all relevant times, Defendant regularly and repeatedly failed to make, keep and preserve accurate records required by the FLSA with respect to Plaintiff, including records sufficient to the accurately determine the wages and hours of employment pertaining to Plaintiff.
- Plaintiff seeks damages in the amount of their respective unpaid overtime compensation, liquidated (double) damages as provided by the FLSA for overtime violations, attorneys’ fees and costs, and such other legal and equitable relief as this Court deems just and proper.
PRAYER FOR RELIEF
WHEREFORE, Plaintiff prays for relief as follows:
- A declaratory judgment that the practices complained of herein are unlawful under FLSA;
- An award of damages, according to proof, including liquidated damages, to be paid by Defendant;
- Penalties available under applicable law;
- Costs of action incurred herein, including expert fees;
- Attorneys’ fees, including fees pursuant to 29 U.S.C. § 216 and other applicable statutes;
- Pre-Judgment and post-judgment interest, as provided by law; and
- Such other and further legal and equitable relief as this Court deems necessary, just and proper.
DEMAND FOR JURY TRIAL
Plaintiffs hereby demand a jury trial on all causes of action and claims with respect to which they have a right to a jury trial.
Dated: July 23, 2009
Michael O. Massey, Esq.
Fla. Bar. No. 153680
MASSEY & DUFFY, PLLC
824 East University Avenue
Gainesville, FL 32601