| INTRODUCTION
NJ Employment Law Plaintiff has initiated the instant action to redress violations by Defendants of the Fair Labor Standards Act, stating the minimum wage that can legally be earned well working in America. The Pennsylvania Minimum Wage Act and the Pennsylvania Wage Payment and Collection Law. NJ Employment Law Plaintiff asserts that Defendants failed to pay her at least 1.5 times her hourly rate for hours worked in excess of forty per workweek and failed to pay her all her wages due at the end of her employment.
JURISDICTION AND VENUE
This Court, in accordance with US Code Section 1331, has jurisdiction over NJ Employment Law Plaintiff’s federal claims because this civil action arises under a law of the United States and seeks redress for violations of a federal law.
PARTIES
The foregoing paragraphs are incorporated herein as if set forth in full.
NJ Employment Law Plaintiff is an adult individual with an address as set forth above.
Defendant is a New Jersey Corporation which operates a principal place of business at the address indicated in the caption.
Defendant is, upon information and belief, the owner/operator of Defendant and had control over NJ Employment Law Plaintiff’s pay.
FACTUAL BACKGROUND
The foregoing paragraphs are incorporated herein as if set forth in full.
NJ Employment Law Plaintiff was employed by Defendant for 8 months.
At all times relevant herein, Defendant assigned NJ Employment Law Plaintiff to work and reside in Defendant’s house; her duties primarily were manual labor, consisting mostly of cooking and cleaning.
Defendant paid NJ Employment Law Plaintiff as an employee of Defendant, with taxes withheld and an assigned employee identification number, for the services NJ Employment Law Plaintiff rendered at Defendant’s house.
Upon information and belief, Defendant payroll books document NJ Employment Law Plaintiff as an employee of Defendant.
At no time during NJ Employment Law Plaintiff’s employment with Defendant was NJ Employment Law Plaintiff an exempt employee under the FLSA or the PMWA.
NJ Employment Law Plaintiff accordingly worked between 50-72 hours per week for Defendant Alliance.
NJ Employment Law Plaintiff was paid $120 per day for each day worked, absent the final few weeks of her employment with Defendant.
Defendant never paid NJ Employment Law Plaintiff any premium for hours worked in excess of 40 in a workweek.
Defendant had control over NJ Employment Law Plaintiff’s pay.
COUNT I
Fair Labor Standards Act (FLSA)
(failure to pay overtime compensation)
The foregoing paragraphs are incorporated herein as if set forth in full.
At all times relevant herein, Defendant was and continues to be an employer within the meaning of the Fair Labor Standards Act, US Code Section 203 (“FLSA”).
Defendant had control over NJ Employment Law Plaintiff’s pay.
Defendant acted directly and/or indirectly in the interest of Defendant in relation to NJ Employment Law Plaintiff’s pay.
Under the FLSA, an employer must pay a non-exempt employee at least one and one half times the employee’s hourly rate for each hour worked in excess of forty per workweek.
Defendant’s violations of the FLSA include, but are not limited to:
not paying NJ Employment Law Plaintiff at least 1.5 times her regular hourly rate of pay for all hours worked in excess of forty per workweek; and
not using proper record keeping to ensure that NJ Employment Law Plaintiff was paid for each and every hour she worked.
Defendants’ conduct caused NJ Employment Law Plaintiff to suffer damages.
Conclustion
In conclusion the NJ Employment Law Plaintiff prays that this Court enter an Order providing that:
Defendants are to be prohibited from continuing to maintain its illegal policy, practice or custom in violation of federal and state law, stopping this from happening again.
Defendants are to compensate, reimburse, and make the NJ Employment Law Plaintiff whole for any and all pay and benefits they would have received had it not been for Defendants’ illegal actions, as the NJ Employment Law Plaintiff has suffered from there illegal actions.
NJ Employment Law Plaintiff is to be awarded liquidated damages for Defendants’ illegal actions, as provided under applicable law the NJ Employment Law Plaintiff is also to be awarded the costs and expenses of this action and reasonable legal fees as provided under applicable law. As a result of the illegal actions of the Defendant’s the NJ Employment Law Plaintiff is to be awarded any and all other equitable and legal relief as the Court deems appropriate. |
