KARLA R. SPAULDING, Magistrate Judge.
This cause came on for consideration without oral argument on the following motion filed herein:
On April 20, 2016, Plaintiff Jeffrey Topol filed a second amended complaint against Defendant Artech Information Systems, LLC ("Artech"). Doc. No. 30 (the "Second Amended Complaint"). In the Second Amended Complaint, Topol asserted that Artech violated the Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 201, et seq., by failing to pay him the overtime compensation required by law. On May 19, 2016, Artech filed the above-captioned motion requesting that the Second Amended Complaint be dismissed, pursuant to Federal Rule of Civil Procedure 12(b)(6), for failure to state a claim. Doc. No. 33. Topol responded to the motion on June 16, 2016. Doc. No. 40. The motion has been referred to the undersigned for a Report and Recommendation, and it is now ripe for review.
Artech was a sub-contractor that performed work for Disney. Doc. No. 30 ¶ 4. Topol was employed by Artech as a Structured Query Language Server Database Administer from July 2012 until May 2015. Id. ¶ 20. Artech was responsible for setting Topol's rate of pay, his hours worked, and his job duties and day-to-day activities. Id. ¶ 4. At various times during his employment Topol worked more than forty hours within a workweek, id. ¶ 21, but Artech failed to pay him overtime for all the overtime hours he worked, id. ¶¶ 23, 26. Artech's actions were willful, and showed reckless disregard for the provisions of the FLSA. Id. ¶ 24.
"To survive a motion to dismiss, a [pleading] must contain sufficient factual matter, accepted as true, to `state a claim to relief that is plausible on its face.'" Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570 (2007)). While this pleading standard "does not require `detailed factual allegations,' . . . it demands more than an unadorned, the-defendant-unlawfully-harmed-me accusation." Id. (quoting Twombly, 550 U.S. at 555). A pleading must contain "more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do." Twombly, 550 U.S. at 555. Although a court must accept as true well-pled allegations, it is not bound to accept a legal conclusion couched as a factual allegation. Iqbal, 556 U.S. at 678.
Artech contends that the Second Amended Complaint should be dismissed because it "lacks specific allegations regarding the frequency of [Topol]'s alleged overtime work, the amount of alleged unpaid hours, the method by which his time was recorded, the method by which he was compensated, or the approximate value of the overtime compensation he alleges is due." Doc. No. 33 ¶ 2. While the Second Amended Complaint lacks these details, the failure to provide this information does not warrant dismissal under Rule 12(b)(6).
"[T]he requirements to state a claim of a FLSA violation are quite straightforward." Sec'y of Labor v. Labbe, 319 F. App'x 761, 763 (11th Cir. 2008).
Here, Topol alleges that during some weeks he worked more than forty hours, and that he was not paid the overtime rate for all of these hours. Those allegations are sufficient to allege the third element of an FLSA overtime claim — that the defendant failed to pay him overtime wages. Topol is not required to plead which weeks he worked overtime, the number of overtime hours worked each week, or the amount of the FLSA damages he seeks.
In light of the foregoing, I respectfully
A party has fourteen days from this date to file written objections to the Report and Recommendation's factual findings and legal conclusions. A party's failure to file written objections waives that party's right to challenge on appeal any unobjected-to factual finding or legal conclusion the district judge adopts from the Report and Recommendation. See 11th Cir. R. 3-1.