IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI GREENVILLE DIVISION

Transcription

1 Case: 4:17-cv MPM-JMV Doc 1 Filed: 06/23/17 1 of 7 PagelD 1 IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI GREENVILLE DIVISION CHARLES DORMAN, on behalf of himself and all others similarly situated, v. Case No.: SATELLITES UNLIMITED, LLC, PLMNTIFF '4-10.1\ DEFENDANT COMPLAINT & DEMAND FOR JURY TRIAL (COLLECTIVE ACTION COMPLAINT) COMES NOW Plaintiff', CHARLES DORMAN, on behalf of himself and all others similarly situated by and through the undersigned attorney, and sues the Defendant, SATELLITES UNLIMITED, LLC, (hereinafter referred to as "Defendant"), and alleges as follows: INTRODUCTION 1. This is an action by the Plaintiff against his former employer for unpaid overtime wages pursuant to the Fair Labor Standards Act, as amended, 29 U.S.C. 216(b) (the "FLSA"), and any other relief available. 2. This action is brought under the FLSA to recover, from Defendant, overtime compensation, unpaid wages, liquidated damages, and reasonable attorneys' fees and costs. PARTIES 3. Plaintiff was employed as a Satellite Technician for Defendant and performed related activities at their assigned location in Greenwood, Mississippi.

2 Case: 4:17-cv MPM-JMV Doc 1 Filed: 06/23/17 2 of 7 PagelD 2 4. Defendant is an Alabama Corporation which operates and conducts business in the City of Greenwood, Leflore County, Mississippi, and is therefore within the jurisdiction of this Court. JURISDICTION 5. This action arises under the FLSA, 29 U.S.C. 210, et. seq. The Court has jurisdiction over the FLSA claim pursuant to 29 U.S.C. 216(b). VENUE 6. The venue of this Court over this controversy is proper based upon the claim arising in the City of Greenwood, Leflore County, Mississippi. COVERAGE 7. At all material times relevant to this action, 2014 to the present, Defendant was an enterprise covered by the FLSA, and as defined by 29 U.S.C. 203(0 and 203 (s). 8. At all material times relevant to this action, Defendant made gross earnings of at least $500, 000 annually. 9. At all material times relevant to this action, Defendant has provided DISH products and services to its clients, and has accepted payments from customers based on credit cards issued by out-of-state banks, nationwide. 10. At all material times relevant to this action, Defendant purchases and installs DISH products which are moved, received and shipped through other out-of-state vendors and/or entities (i.e., satellite installation equipment, etc.). All references to material times relevant to this action shall mean to encompass from 2014 through the present. 2

3 Case: 4:17-cv MPM-JMV Doc 1 Filed: 06/23/17 3 of 7 PagelD At all material times relevant to this action, Defendant had two (2) or more employees engaged in commerce, handling or otherwise working moved in or produced for commerce (i.e., satellite installation equipment, etc.). FACTS on materials that have been 12. Defendant is an organization which provides in-home entertainment and communication services throughout the Southeast for DISH subscribers. 13. Plaintiff worked for Defendant without being paid the correct overtime premium rate of time and one-half his regular rate of pay for all hours worked in excess of forty (40) hours within a work week. 14. Defendant controlled and/or was responsible for the work of Plaintiff wherein Plaintiff did not take a bona-fide meal break and was not completely relieved from his duties, however, periodically received a deduction of approximately one-half hour each day. 15. Defendant knew or had reasons to believe Plaintiff was continuing to work, did not take a bona-fide meal break, and was not completely relieved from his duties. 16. Defendant also did not pay Plaintiff for all hours worked in an effort to limit or avoid overtime compensation. 17. Plaintiff worked as a Satellite Technician for Defendant and performed related activities in the Greenwood, Mississippi location. 18. In this capacity, Plaintiff was responsible for picking up equipment needed for installations, and install DISH products and services in customers' homes within a one hundred fifty (150) mile radius of Defendant's Greenwood, Mississippi location. 19. Plaintiff worked for the Defendant from approximately May 10, 2016 through February 17,

4 Case: 4:17-cv MPM-JMV Doc 1 Filed: 06/23/17 4 of 7 PagelD Plaintiff was an hourly paid employee and was paid $13.00 per hour, without ever receiving a pay increase. 21. Plaintiff worked overtime hours on a weekly basis throughout his employment. 22. In fact, Plaintiff often worked in excess offifty (50) hours per week. 23. Despite working more than forty (40) hours per week, Plaintiff was not paid compensation for all hours worked over forty (40) hours within a work week during several weeks of employment. 24. Defendant was aware of the overtime hours worked. 25. Upon information and belief, the records, to the extent any exist, concerning the number of hours worked and amounts paid to Plaintiff are in the possession and custody of the Defendant. COLLECTIVE ACTION ALLEGATIONS 26. Plaintiff and the class members were all "hourly paid employees." 27. Plaintiff and the class members were all satellite technicians. 28. Plaintiff and the class members were subjected to the same pay provisions in that they were paid an hourly rate, but not compensated at time-and-one-half for all hours worked in excess of forty (40) hours in a workweek. Thus, the class members are owed overtime wages for the same reasons as Plaintiff. 29. Defendant's failure to compensate employees for hours worked in excess of forty (40) hours in a workweek as required by the FLSA results from a policy or practice of failure to assure that hourly paid employees are/were paid for overtime hours worked based on their uniform pay policy, applicable to all putative class members herein. 4

5 Case: 4:17-cv MPM-JMV Doc 1 Filed: 06/23/17 5 of 7 PagelD Defendant subjected all hourly paid employees to an automatic lunch deduction. 31. Defendant also refused to pay all hourly paid employees for all hours worked. 32. As a result, all hourly paid employees did not receive full pay for all overtime hours worked. 33. This policy or practice was applicable to Plaintiff and the class members. 34. Application of this policy or practice does/did not depend on the personal circumstances of Plaintiff or those joining this lawsuit. Rather, the same policy or practice which resulted in the non-payment of overtime to Plaintiffs applies to all class members. Accordingly, the class members are properly defined as: All hourly paid satellite technicians who worked for SATELLITES UNLIMITED, LLC within the last three years whom were not compensated at time-and-one-half for all hours worked in excess of 40 hours in one or more workweeks. 35. Defendant knowingly, willfully, or with reckless disregard carried out its illegal pattern or practice of failing to pay overtime compensation with respect to Plaintiff and the class members. 36. Defendant was aware that Plaintiff and the other hourly paid employees were entitled to overtime pay for all overtime hours worked and that there was no possible exemption applicable to them. 37. Defendant did not act in good faith or reliance upon any of the following in formulating its pay practices: (a) case law; (b) the FLSA, 29 U.S.C. 201, et seq.; (c) Department of Labor Wage & Hour Opinion Letters; or (d) the Code of Federal Regulations. 38. During the relevant period, Defendant violated 7(0(1) and 15(a)(2), by employing employees in an enterprise engaged in commerce or in the production of goods 5

6 Case: 4:17-cv MPM-JMV Doc 1 Filed: 06/23/17 6 of 7 PagelD 6 for commerce within the meaning of the FLSA as aforesaid, for one or more workweeks without compensating such employees for their work at a rate of at least the time-and-onehalf for all hours worked in excess of forty (40) hours in a work week. 39. Defendant has acted willfully in failing to pay Plaintiff and the class members in accordance with the law. 40. Defendant has failed to maintain accurate records for Plaintiffs and the class members' work hours in accordance with the law. COUNT I RECOVERY OF OVERTIME COMPENSATION AGAINST SATEUMS UNLIMITED. LLC 41. Plaintiff reincorporates and readopts all allegations contained within Paragraphs 1 40 above. 42. Plaintiff and the class members are entitled to be paid time and one-half their regular rate of pay for each hour worked in excess of forty (40) hours per work week. 43. During employment with Defendant, Plaintiff and the class members worked overtime hours but were not paid time and one-half the regular rate of pay for the same during several weeks. 44. As a result of Defendant's intentional, willful, and unlawful acts in refusing to pay Plaintiff and the class members time and one-half the regular rate of pay for each hour worked in excess of forty (40) hours per work week in one or more work weeks, Plaintiff and the class members have suffered damages plus incurred reasonable attorneys' fees and costs. 45. Defendant neither maintained nor kept accurate time records as required by the FLSA for Plaintiff or the class. 6

7 Case: 4:17-cv MPM-JMV Doc 1 Filed: 06/23/17 7 of 7 PagelD As a result of Defendant's willful violation of the FLSA, Plaintiff and the class are entitled to liquidated damages. WHEREFORE, Plaintiff CHARLES DORMAN, on behalf of himself and all others similarly situated demands judgment against SATELLITES UNLIMITED, LLC, for the payment of all overtime hours at one and one-half the regular rate of pay for the hours worked by Plaintiff and the class for which Defendant did not properly compensate them, liquidated damages, reasonable attorneys' fees and costs incurred in this action, and any and all further relief this Court determines to be just and appropriate. DEMAND FOR JURY TRIAL Pursuant to Fed.R.Civ.P. 38(b), Plaintiff on behalf of himself and all others similarly situated, hereby demands a trial by jury of all issues so triable. DATED this the 23rd day of June, Respectfully submitted, CHARLES DORMAN, on behalf ofhimself and those similarly situated, PLAINTIFF /s/ Christopher W Espy Christopher W. Espy, Esq., MSB # MORGAN & MORGAN, PLLC 4450 Old Canton Road, Suite 200 Jackson, MS Phone: Fax: cespy@forthepeople.com ATTORNEY FOR PLAINTIFF 7

8 JS 44 (Rev. 0 /16) Case: 4:17-cv MPM-JMV Doc #: 1-1 Filed: 06/23/17 CIVIL COVER SHEET 4:17cv088-MPM-JMV 1 of 1 PageID #: 8 The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.) I. (a) PLAINTIFFS DEFENDANTS Charles Dorman, on behalf of himself and all others similarly-situated Satellites Unlimited, LLC (b) County of Residence of First Listed Plaintiff Yazoo County, MS (EXCEPT IN U.S. PLAINTIFF CASES) County of Residence of First Listed Defendant Leflore County, MS (IN U.S. PLAINTIFF CASES ONLY) NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED. (c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known) Christopher W. Espy, Esq. Morgan & Morgan, PLLC 4450 Old Canton Road, Ste. 200 Jackson, MS Phone: cespy@forthepeople.com II. BASIS OF JURISDICTION (Place an X in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an X in One Box for Plaintiff (For Diversity Cases Only) and One Box for Defendant) 1 U.S. Government 3 Federal Question PTF DEF PTF DEF Plaintiff (U.S. Government Not a Party) Citizen of This State 1 1 Incorporated or Principal Place 4 4 of Business In This State 2 U.S. Government 4 Diversity Citizen of Another State 2 2 Incorporated and Principal Place 5 5 Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State Citizen or Subject of a 3 3 Foreign Nation 6 6 Foreign Country IV. NATURE OF SUIT (Place an X in One Box Only) CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES 110 Insurance PERSONAL INJURY PERSONAL INJURY 625 Drug Related Seizure 422 Appeal 28 USC False Claims Act 120 Marine 310 Airplane 365 Personal Injury - of Property 21 USC Withdrawal 376 Qui Tam (31 USC 130 Miller Act 315 Airplane Product Product Liability 690 Other 28 USC (a)) 140 Negotiable Instrument Liability 367 Health Care/ 400 State Reapportionment 150 Recovery of Overpayment 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS 410 Antitrust & Enforcement of Judgment Slander Personal Injury 820 Copyrights 430 Banks and Banking 151 Medicare Act 330 Federal Employers Product Liability 830 Patent 450 Commerce 152 Recovery of Defaulted Liability 368 Asbestos Personal 840 Trademark 460 Deportation Student Loans 340 Marine Injury Product 470 Racketeer Influenced and (Excludes Veterans) 345 Marine Product Liability LABOR SOCIAL SECURITY Corrupt Organizations 153 Recovery of Overpayment Liability PERSONAL PROPERTY 710 Fair Labor Standards 861 HIA (1395ff) 480 Consumer Credit of Veteran s Benefits 350 Motor Vehicle 370 Other Fraud Act 862 Black Lung (923) 490 Cable/Sat TV 160 Stockholders Suits 355 Motor Vehicle 371 Truth in Lending 720 Labor/Management 863 DIWC/DIWW (405(g)) 850 Securities/Commodities/ 190 Other Contract Product Liability 380 Other Personal Relations 864 SSID Title XVI Exchange 195 Contract Product Liability 360 Other Personal Property Damage 740 Railway Labor Act 865 RSI (405(g)) 890 Other Statutory Actions 196 Franchise Injury 385 Property Damage 751 Family and Medical 891 Agricultural Acts 362 Personal Injury - Product Liability Leave Act 893 Environmental Matters Medical Malpractice 790 Other Labor Litigation 895 Freedom of Information REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 791 Employee Retirement FEDERAL TAX SUITS Act 210 Land Condemnation 440 Other Civil Rights Habeas Corpus: Income Security Act 870 Taxes (U.S. Plaintiff 896 Arbitration 220 Foreclosure 441 Voting 463 Alien Detainee or Defendant) 899 Administrative Procedure 230 Rent Lease & Ejectment 442 Employment 510 Motions to Vacate 871 IRS Third Party Act/Review or Appeal of 240 Torts to Land 443 Housing/ Sentence 26 USC 7609 Agency Decision 245 Tort Product Liability Accommodations 530 General 950 Constitutionality of 290 All Other Real Property 445 Amer. w/disabilities Death Penalty IMMIGRATION State Statutes Employment Other: 462 Naturalization Application 446 Amer. w/disabilities Mandamus & Other 465 Other Immigration Other 550 Civil Rights Actions 448 Education 555 Prison Condition 560 Civil Detainee - Conditions of Confinement V. ORIGIN (Place an X in One Box Only) 1 Original 2 Removed from Proceeding State Court VI. CAUSE OF ACTION VII. REQUESTED IN COMPLAINT: VIII. RELATED CASE(S) IF ANY DATE 3 Remanded from 4 Reinstated or 5 Transferred from 6 Appellate Court Reopened Another District (specify) Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity): 29 U.S.C. Section 216(b). Brief description of cause: Unpaid overtime compensation. CHECK IF THIS IS A CLASS ACTION UNDER RULE 23, F.R.Cv.P. (See instructions): DEMAND $ JUDGE SIGNATURE OF ATTORNEY OF RECORD Multidistrict Litigation - Transfer 8 Multidistrict Litigation - Direct File CHECK YES only if demanded in complaint: JURY DEMAND: Yes No DOCKET NUMBER FOR OFFICE USE ONLY $400 Mills Virden RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE

9 ClassAction.org This complaint is part of ClassAction.org's searchable class action lawsuit database and can be found in this post: Ex-Employee Brings FLSA Class Action Against Satellites Unlimited