![]() The allegations of which the Court must accept as true in ruling on the instant Motion toĭismiss. The following statement of facts is derived from Plaintiff’s Amended Complaint (Doc. III alleges that Defendants retaliated against Plaintiff, after Plaintiffs asserted the rights In Count II, PlaintiffĪsserts that Defendants’ failure to properly compensate him for all hours worked inĮach work week constitutes an independent breach of contract. In Count I, PlaintiffĪlleges that Defendants violated the Fair Labor Standards Act, 29 U.S.C. The Amended Complaint alleges three counts. Therefore, Plaintiff filed this action against Defendants on Plaintiff requested his unpaid wages from Defendants and to date he has not beenĬompensated. Have known that Plaintiff was working in excess of 40 hours per work week. ![]() To keep accurate records of hours worked by Plaintiff even though they knew or should During his employment withĭefendants, Plaintiff worked more than 40 hours per work week, for which he was notĬompensated at a rate of time and one-half his hourly rate. Maintenance worker from approximately September 22, 2014, to October 6, 2020. Baron, as a full time Crane Operator and general Plaintiff, Florencio Martinez Rubio, worked with Defendants, Fedca Scrap The Court, having considered the motion and being fullyĪdvised in the premises, will GRANT-IN-PART and DENY-IN-PART Defendants' In the motion, DefendantsĪrgue that the claims are deficient and subject to dismissal, that Plaintiff failed toĮxhaust administrative remedies, and that the statute of limitations has run as to Count This matter comes before the Court upon Defendants' Motion to DismissĪmended Complaint for Failure to State a Claim upon which Relief can be Granted
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