IN THE CIRCUIT COURT, EIGHTH
JUDICIAL CIRCUIT, IN AND FOR
ALACHUA COUNTY, FLORIDA.
individually and on behalf of
all other similarly situated,
REDACTED INC dba
a Florida corporation,
COMPLAINT AND DEMAND FOR JURY TRIAL
Plaintiff, REDACTED, individually and on behalf of all other similarly situated (hereinafter Plaintiff) sues the Defendant, REDACTED INC dba REDACTED., a Florida corporation, (hereinafter Defendant), and alleges:
1. This is an action for damages that exceeds Fifteen Thousand Dollars ($15,000.00)
exclusive of prejudgment, interest, costs and reasonable attorney’s fees.
2. At all times material hereto, Plaintiff was a resident of Florida.
3. At all times material, Defendant was a Florida corporation which has offices and/or does business in Alachua County, Florida.
- At all times material hereto, the Defendant has been an enterprise engaged in
commerce or in the production of goods for commerce within the meaning of the Fair Labor Standards Act of 1938, as amended (hereinafter the “Act”) and thereby subject to revisions of that Act relating to the payment of overtime wages to its employees.
- From at least August 2006 through this month, Plaintiff had been employed by
Defendant in a position of employment that is not subject to the exemption from the overtime wage provisions of the Acts.
- The Defendant has violated the overtime wage provisions of the
Act by reason of its failure to pay the Plaintiff overtime wages for hours worked during any
designated work week which exceeded forty (40) during any given workweek.
- The Defendant’s violation of this Act has been a continuing violation for a period
that exceeds the three years preceding the filing of this Complaint.
- The Defendant’s failure to pay overtime wages to the Plaintiff required under the
provision of the Acts constitutes a willful violation of the Act thereby permitting Plaintiff to recover unpaid overtime wages plus liquidated damages for at least a three (3) year period of time immediately preceding the date this action is filed. The Defendant has demonstrated its willful intent to violate the Act and that it has no reasonable basis for failing and refusing to pay the Plaintiff overtime wages.
9. By reason of the Defendant’s violation of the Act, the Plaintiff is entitled to recover all amounts provided under Section 16 of the Act including Plaintiff’s overtime wage compensation plus an additional equal amount as liquidated damages.
10. Plaintiff has retained the undersigned counsel and has agreed to pay a reasonable fee for their services herein.
WHEREFORE, Plaintiff demands judgment against the Defendant individually for statutory, compensatory and liquidated damages, prejudgment interest, costs and reasonable attorney’s fees.
- The Plaintiff realleges and adopts by reference numbered paragraphs 1 – 10, which
are incorporated by reference herein, and further alleges:
- The Defendant employs multiple individuals in the position of employment held by
Plaintiff. The Plaintiff reasonably believes that the pattern or practice of the Defendant by refusing and failing to pay overtime wages is not strictly confined to the Plaintiff.
- Pursuant to 29 U.S.C. Statute 216(b), the Plaintiff is entitled to maintain this action
on behalf of all others so similarly situated to recover damages for those individuals who may constitute a class of employees who are entitled to overtime wages payment under the Act.
WHEREFORE, the Plaintiff individually and on behalf of all others similarly situated moves this Court to allow the Plaintiff to act as the collective or class representative for the purposes of determining, ascertaining and collecting any amounts due under the Act including reasonable attorneys fees, costs, prejudgment interest and liquidated damages.
DEMAND FOR JURY TRIAL
The Plaintiff demands a trial by jury on all issues so triable.