Filed: May 12, 2015
Latest Update: May 12, 2015
Summary: ORDER GRANTING DEFENDANTS' MOTION TO DISMISS DANIEL T.K. HURLEY , District Judge . THIS CAUSE comes before the Court upon Defendant Luna Development Corp. and David Medina's Motion to Dismiss Complaint [ECF No. 10]. Plaintiff Clifton Bernard Brown seeks to recover unpaid overtime wages under the Fair Labor Standards Act of 1938, 29 U.S.C. 201. Plaintiff alleges that David Medina owned Luna Development Corp., a corporation "engaged in the field of land development and construction." Def
Summary: ORDER GRANTING DEFENDANTS' MOTION TO DISMISS DANIEL T.K. HURLEY , District Judge . THIS CAUSE comes before the Court upon Defendant Luna Development Corp. and David Medina's Motion to Dismiss Complaint [ECF No. 10]. Plaintiff Clifton Bernard Brown seeks to recover unpaid overtime wages under the Fair Labor Standards Act of 1938, 29 U.S.C. 201. Plaintiff alleges that David Medina owned Luna Development Corp., a corporation "engaged in the field of land development and construction." Defe..
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ORDER GRANTING DEFENDANTS' MOTION TO DISMISS
DANIEL T.K. HURLEY, District Judge.
THIS CAUSE comes before the Court upon Defendant Luna Development Corp. and David Medina's Motion to Dismiss Complaint [ECF No. 10].
Plaintiff Clifton Bernard Brown seeks to recover unpaid overtime wages under the Fair Labor Standards Act of 1938, 29 U.S.C. § 201. Plaintiff alleges that David Medina owned Luna Development Corp., a corporation "engaged in the field of land development and construction." Defendants employed Brown as a "laborer" but "refused to pay Plaintiff his legally-entitled wages."
Defendants move to dismiss,1 arguing that Plaintiff's allegations are conclusory and that Defendants are not covered under the FLSA.
DISCUSSION
The FLSA protects employees "employed in an enterprise engaged in commerce or in the production of goods for commerce."2 An enterprise engaged in commerce has "employees handling, selling, or otherwise working on goods or materials that have been moved in or produced for commerce by any person."3 "Commerce" must be "among the several States or between any state and any place outside thereof."4 Such an enterprise must pay overtime compensation.5
Plaintiff asks the Court to "reasonably infer[]" that because Defendants "engaged in the field of land development and construction," its employees must have handled goods or materials that have been moved in interstate-commerce. The Court cannot make this inference. To claim enterprise coverage, Plaintiff must allege, for example, that the construction materials have come from out of state or that the improved land was being sold out of state.6
Defendant also argues that Plaintiff fails to allege how, beyond failure to pay, Defendants violated the FLSA. Defendant is correct. To claim a violation of the FLSA, Plaintiff must allege, for example, that he was required to work "off the clock,"7 to work during lunch breaks,8 to work after he had "clocked out,"9 to "show up earlier than their regular set schedule,"10 or that Defendants "manipulate[ed] the [schedule] system."11 An allegation that Defendants failed to pay overtime wages is insufficient to withstand a motion to dismiss.
Accordingly, it is hereby
ORDERED and ADJUDGED that:
1. Defendant Luna Development Corp. and David Medina's Motion to Dismiss Complaint [ECF No. 10] is GRANTED.
2. Plaintiff Clifton Bernard Brown's Complaint [ECF No. 1] is DISMISSED WITHOUT PREJUDICE.
Plaintiff must file his Amended Complaint no later than TWENTY (20) DAYS from the date this Order is entered.