U.S. DISTRICT COURT MIDDLE DISTRICT OF FLORIDA
RAUL CRUZ RIVERA,
v. CASE NO.:
D.D.A. CORPORATION, d/b/a
COMPLAINT AND DEMAND FOR JURY TRIAL
Comes now PLAINTIFF, RAUL CRUZ RIVERA by and through undersigned counsel and sues DEFENDANT, D.D.A. CORPORATION, Inc. d/b/a Coastal Mitsubishi/Coastal Hyundai, and states as follows:
1. This is an action by PLAINTIFF against his former employer for unpaid overtime, pursuant to the Fair Labor Standards Act (“FLSA”). PLAINTIFF seeks damages and reasonable attorney’s fees and costs.
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.
3. The venue of this Court over this controversy is proper based upon the claims arising in Brevard County, Florida.
4. At all times material the PLAINTIFF has resided in Brevard County, Florida.
5. At all times material hereto, PLAINTIFF was the employee of DEFENDANT within the meaning of the FLSA, 29 U.S.C. 203(e)(1).
6. Plaintiff was employed by DEFENDANT as a lube technician.
7. Plaintiff was employed by DEFENDANT since August 11, 2004.
8. At all times material hereto, DEFENDANT has been a valid Florida corporation and has conducted business in Brevard County, Florida.
9. At all times material hereto, DEFENDANT was engaged in commerce within the meaning of the FLSA, 29 U.S.C. §203(b).
10. At all times material hereto DEFENDANT was an employer within the meaning of the FLSA, 29 U.S.C. §203(d).
11. At all times material hereto, DEFENDANT was an enterprise within the meaning of the FLSA, 29 U.S.C. §203(r), (s).
12. At all times material hereto, DEFENDANT had an annual gross dollar volume of sales made or business done of not less than five hundred thousand dollars ($500,000) per 29 U.S.C. § 203(s).
13. At all times material hereto DEFENDANT was engaged in interstate commerce per 29 U.S.C. § 203(s).
14. PLAINTIFF does not possess the complete records relating to his respective work hours and compensation; DEFENDANT 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. PLAINTIFF has retained the law firm of Allen & Arcadier, P.A. to represent him in this matter, and PLAINTIFF 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), DEFENDANT was required to pay PLAINTIFF 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. PLAINTIFF periodically worked in excess of forty (40) hours per week.
20. DEFENDANT failed to pay PLAINTIFF overtime compensation at one and one-half times PLAINTIFF’S 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. DEFENDANT’S actions were willful and not in good faith.
22. DEFENDANT is liable to PLAINTIFF for actual damages, liquidated damages, and equitable relief, pursuant to 29 U.S.C. §216(b).
23. DEFENDANT is liable for PLAINTIFF’S attorney fees and costs incurred, pursuant to 29 U.S.C. §216(b).
WHEREFORE, PLAINTIFF demands judgment against DEFENDANT 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
PLAINTIFF demands a trial by jury.
Dated: September ___, 2006 Respectfully submitted,
ALLEN & ARCADIER, P.A.
Wayne L. Allen, Esquire
Florida Bar No. 0110025
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: Mauricio Arcadier
Date Filed: 09/18/2006
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.