U.S. DISTRICT COURT MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
ANITA CREHAN,
PLAINTIFF,
v. CASE NO.:
FIRST QUALITY PLUMBING &
IRRIGATION, INC.,
DEFENDANT.
______________________________/
COMPLAINT AND DEMAND FOR JURY TRIAL
Comes now PLAINTIFF, ANITA CREHAN by and through undersigned counsel and sues DEFENDANT, FIRST QUALITY PLUMBING & IRRIGATION, INC., ( “First Quality Plumbing” ) and states as follows:
INTRODUCTION
1. This is an action by ANITA CREHAN against her former employer for unpaid overtime and unpaid wages, pursuant to the Fair Labor Standards Act (“FLSA”). ANITA CREHAN 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 Orange County, Florida.
PARTIES
4. At all times material hereto ANITA CREHAN has resided in Brevard County, Florida.
5. At all times material hereto, ANITA CREHAN was the employee of FIRST QUALITY PLUMBING within the meaning of the FLSA, 29 U.S.C. 203(e)(1).
6. ANITA CREHAN was employed by FIRST QUALITY PLUMBING providing Administrative Services and Scheduling.
7. ANITA CREHAN was employed by FIRST QUALITY PLUMBING for the time period February 8, 2005 through February 23, 2006.
8. At all times material hereto, FIRST QUALITY PLUMBING has been a valid Florida corporation and has conducted business in Florida.
9. At all times material hereto, FIRST QUALITY PLUMBING was engaged in commerce within the meaning of the FLSA, 29 U.S.C. §203(b).
10. At all times material hereto FIRST QUALITY PLUMBING was an employer within the meaning of the FLSA, 29 U.S.C. §203(d).
11. At all times material hereto, FIRST QUALITY PLUMBING was an enterprise within the meaning of the FLSA, 29 U.S.C. §203(r), (s).
12. At all times material hereto, FIRST QUALITY PLUMBING 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 FIRST QUALITY PLUMBING was engaged in interstate commerce per 29 U.S.C. § 203(s).
14. ANITA CREHAN does not possess the complete records relating to her respective work hours and compensation; FIRST QUALITY PLUMBING 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. ANITA CREHAN has retained the law firm of Allen & Arcadier, P.A. to represent her in this matter, and ANITA CREHAN 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), FIRST QUALITY PLUMBING was required to pay ANITA CREHAN overtime compensation at one and one-half times her regular rate of compensation for any hours worked in excess of forty (40) hours per week.
19. ANITA CREHAN periodically worked in excess of forty (40) hours per week.
20. FIRST QUALITY PLUMBING failed to pay ANITA CREHAN overtime compensation at one and one-half times ANITA CREHAN 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. FIRST QUALITY PLUMBING is liable to ANITA CREHAN for actual damages, liquidated damages, and equitable relief, pursuant to 29 U.S.C. §216(b).
23. FIRST QUALITY PLUMBING is liable for ANITA CREHAN’S attorney fees and costs incurred, pursuant to 29 U.S.C. §216(b).
WHEREFORE, ANITA CREHAN demands judgment against FIRST QUALITY PLUMBING 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
ANITA CREHAN 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: Mauricio Arcadier
Status: Closed
Date Filed: 03/28/07
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.
