U.S. DISTRICT COURT MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
CARL PYPERS,
PLAINTIFF,
v. CASE NO.:
FIFTH AVENUE GRILL INC.,
DEFENDANT.
______________________________/
COMPLAINT AND DEMAND FOR JURY TRIAL
Comes now PLAINTIFF, CARL PYPERS by and through undersigned counsel and sues DEFENDANT, FIFTH AVENUE GRILL INC., and states as follows:
INTRODUCTION
1. This is an action by CARL PYPERS against his former employer for unpaid overtime and unpaid wages, pursuant to the Fair Labor Standards Act (“FLSA”). CARL PYPERS seeks damages and reasonable attorneys fees and costs.
JURISDICTION
2. This action arises under the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 201, et. seq. The Court has original jurisdiction over the FLSA claims pursuant to 29 U.S.C. § 216(b) and 28 U.S.C. § 1331.
VENUE
3. The venue of this Court over this controversy is proper based upon the claims arising in Brevard County, Florida.
PARTIES
4. At all times material hereto CARL PYPERS has resided in Brevard County, Florida.
5. At all times material hereto, CARL PYPERS was the employee of FIFTH AVENUE GRILL INC. within the meaning of the FLSA, 29 U.S.C. 203(e)(1).
6. CARL PYPERS was employed by FIFTH AVENUE GRILL INC. as a cook.
7. CARL PYPERS was employed by FIFTH AVENUE GRILL INC. for the time period September 6, 2006 through October 27, 2006.
8. At all times material hereto, FIFTH AVENUE GRILL INC. has been a valid Florida corporation and has conducted business in Florida.
9. At all times material hereto, FIFTH AVENUE GRILL INC. was engaged in commerce within the meaning of the FLSA, 29 U.S.C. §203(b).
10. At all times material hereto FIFTH AVENUE GRILL INC. was an employer within the meaning of the FLSA, 29 U.S.C. §203(d).
11. At all times material hereto, FIFTH AVENUE GRILL INC. was an enterprise within the meaning of the FLSA, 29 U.S.C. §203(r), (s).
12. At all times material hereto, FIFTH AVENUE GRILL INC. had an annual gross dollar volume of sales made or business done of not less than $500,000 (five hundred thousand) per 29 U.S.C. § 203(s).
13. At all times material hereto FIFTH AVENUE GRILL INC. was engaged in interstate commerce per 29 U.S.C. § 203(s).
14. CARL PYPERS does not possess the complete records relating to his respective work hours and compensation; FIFTH AVENUE GRILL INC. is in possession of such records.
15. All conditions precedent to the institution and maintenance of this cause of action have been met or waived.
16. CARL PYPERS has retained the law firm of Allen & Arcadier, P.A. to represent him in this matter, and CARL PYPERS has agreed to pay, said firm a reasonable attorney’s fee for its services.
VIOLATION OF THE OVERTIME PROVISIONS OF
THE FAIR LABOR STANDARDS ACT UNDER FEDERAL LAW
17. Plaintiff re-alleges and incorporates herein the allegations contained in paragraphs 1 through 16.
18. Pursuant to 29 U.S.C. §207(a)(1), FIFTH AVENUE GRILL INC. was required to pay CARL PYPERS overtime compensation at one and one-half times his regular rate of compensation for any hours worked in excess of forty (40) hours per week.
19. CARL PYPERS periodically worked in excess of forty (40) hours per week.
20. FIFTH AVENUE GRILL INC. failed to pay CARL PYPERS overtime compensation at one and one-half times CARL PYPERS regular rate of compensation for hours worked in excess of forty (40) hours per week in violation of 29 U.S.C. §215(a)(2).
21. FIRST QUALITY PLUMBING’S actions were willful and not in good faith.
22. FIFTH AVENUE GRILL INC. is liable to CARL PYPERS for actual damages, liquidated damages, and equitable relief, pursuant to 29 U.S.C. §216(b).
23. FIFTH AVENUE GRILL INC. is liable for CARL PYPERS’S attorney fees and costs incurred, pursuant to 29 U.S.C. §216(b).
WHEREFORE, CARL PYPERS demands judgment against FIFTH AVENUE GRILL INC. for the following:
a. Unpaid overtime found to be due and owing;
b. An additional amount equal to the unpaid overtime wages found to be due and owing as liquidated damages;
c. Prejudgment interest;
d. Award of reasonable attorney’s fee and costs; and
e. Such other relief as this Court deems just and equitable.
DEMAND FOR JURY TRIAL
CARL PYPERS demands a trial by jury.
Dated: March ___, 2007 Respectfully submitted,
ALLEN & ARCADIER, P.A.
________________________
Wayne L. Allen, Esquire
Florida Bar No. 0110025
Email: allenlaw@cfl.rr.com
Maurice Arcadier, Esquire
Florida Bar No. 131180
Attorneys for Plaintiff
700 N. Wickham Road, Suite 107
Melbourne, Florida 32935
Phone: (321) 254-7550
Fax: (321) 242-1681
Attorney: Maurice Arcadier
Status: Closed
Date Filed: 3/27/2007
Our Melbourne office is centrally located in Brevard County, enabling our lawyers to serve clients throughout “the Space Coast”, including Cocoa Beach, Palm Bay and Vero Beach.
