K. MICHAEL MOORE, Chief District Judge.
This cause is before the Court on the Defendants' Motion to Dismiss or, in the Alternative, Motion for Summary Judgment (ECF No. 15). For the reasons that follow, the motion is denied.
This is an action for back wages brought under the Fair Labor Standards Act, 29 U.S.C. §§ 201-216 (the "FLSA"). The four-count Amended Complaint alleges violations of federal overtime and minimum wage laws (Counts I and II), violations of Florida minimum wage laws (Count III), and unlawful retaliatory discharge (Count IV). As relief, Plaintiff Dagoberto Catalino Diaz Hernandez (the "Plaintiff") seeks liquidated damages, injunctive relief, and attorney's fees and costs.
Two legal standards apply here. To survive a Rule 12(b)(6) motion to dismiss,
Summary judgment, meanwhile, is appropriate where there is "no genuine issue as to any material fact [such] that the moving party is entitled to judgment as a matter of law." Celotex Corp. v. Catrett, 477 U.S. 317, 322 (1986). A genuine issue of material fact exists when "a reasonable jury could return a verdict for the non-moving party." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 249 (1986). "If reasonable minds could differ on the inferences arising from undisputed facts, then a court should deny summary judgment." Allen v. Tyson Foods, Inc., 121 F.3d 642, 646 (11th Cir. 1997) (citation omitted). But if the record, taken as a whole, cannot lead a rational trier of fact to find for the non-moving party, there is no genuine issue for trial, and summary judgment is proper. Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 587 (1986). In deciding a motion for summary judgment, the Court must view all of the evidence in the light most favorable to the non-moving party, drawing all reasonable inferences in the non-movant's favor. Id.
The Defendants move for dismissal or, in the alternative, summary judgment on three grounds.
The Plaintiff has pleaded a valid FLSA claim on which relief can be granted. To state a FLSA claim, all a plaintiff must allege is a failure to pay overtime compensation or minimum wages to a covered employee or a failure to keep payroll records in accordance with the Act. Sec'y of Labor v. Labbe, 319 F. App'x 761, 763 (11th Cir. 2008). That is precisely what the Plaintiff has done here. In the Amended Complaint, the Plaintiff alleges that the Defendants failed to pay him and others similarly situated overtime compensation and minimum wages, and that he is a covered employee. See Am. Compl. ¶¶ 3-22. At the dismissal stage, that is enough to allow these proceedings to go forward.
The Defendants' motion for summary judgment, moreover, is premature. A court should grant summary judgment only after the parties have conducted sufficient discovery to determine whether there is a genuine issue of material fact. See Fed. R. Civ. P. 56(c); Hoffman v. Allied Corp., 912 F.2d 1379, 1383-84 (11th Cir. 1990). Here, the Defendants move for summary judgment on the basis of one affidavit, and as far the Court can tell, the parties have yet to conduct any substantive discovery. That is not enough for this Court to adjudicate the merits of the case.
For the foregoing reasons, the Defendants' Motion to Dismiss or, in the Alternative, Motion for Summary Judgment (ECF No. 15) is denied.
Done and ordered.