KENNETH A. MARRA, District Judge.
This cause is before the Court upon Defendants' Motion to Dismiss Complaint or, Alternatively, for Summary Judgment or, in the Alternative, Motion for Remand Count III (DE 18). The Motion is fully briefed and ripe for review. The Court has carefully considered the Motion and is otherwise fully advised in the premises.
Plaintiff Oscar Sanchez ("Plaintiff") has filed a Complaint against Defendants A&A and Juan Perez ("Perez") (collectively, "Defendants") for a violation of the Fair Labor Standards Act ("FLSA") pursuant to 29 U.S.C. § 201
According to the allegations of the Complaint, A&A is a Florida corporation and is in the business of transporting garbage. (Compl. ¶ 3.) Perez was Plaintiff's direct supervisor and owner of A&A. (Compl. ¶ 11.) A&A is an enterprise engaged in commerce or in the production of goods for commerce. (Compl. ¶ 40.)
Plaintiff worked for A&A and Perez from November of 2015 until August 12, 2016. (Compl., ¶ 10.) Throughout his employment, Plaintiff worked approximately 60 hours per week and was never paid overtime. (Compl. ¶ 13.) On or about July 30, 2016, Plaintiff suffered a work-related injury and sought workers compensation. (Compl. ¶ ¶ 17, 60.) After being diagnosed at the hospital with an injury, Perez terminated him. (Compl. ¶ 31, 35.)
Defendants move to dismiss, claiming that the Complaint fails to plead FLSA enterprise coverage because A&A does not have two or more employees and only conducts business in Palm Beach county. With respect to individual coverage, Defendants contend that the Complaint is devoid of any allegations that Plaintiff was involved individually in interstate commerce. With respect to count three, Defendants seek remand of this claim to state court. Although Defendants move to dismiss pursuant to Rule 12(b)(6) and alternatively move for summary judgment, Defendants also claim to be moving to dismiss for lack of subject matter jurisdiction, and rely on affidavits.
Plaintiff responds that whether enterprise or individual coverage exists is an element of the claim and does not relate to subject matter jurisdiction. Therefore, the Court can only consider the allegations of the Complaint, and not the evidence provided by Defendants. Further, Plaintiff contends that summary judgment is inappropriate prior to Plaintiff being allowed to conduct discovery.
The Court must first address whether Defendants' arguments fall under the rubric of Rule 12(b)(1) (lack of subject matter jurisdiction) or 12(b)(6) (failure to state a claim). The Complaint properly invokes federal subject matter jurisdiction under 28 U.S.C. § 1331.
In determining whether or not Defendant is an enterprise covered by the FLSA, courts have stated that this is an issue regarding the merits of the claim, and not the court's jurisdiction.
Furthermore, the Eleventh Circuit has cautioned that "the district court should only rely on Rule 12(b)(1) if the facts necessary to sustain jurisdiction do not implicate the merits of plaintiff's cause of action."
At this early stage in the proceeding, however, the Court finds that summary judgment is not appropriate. In ruling on summary judgment motions, the Eleventh Circuit has held that "summary judgment may only be decided upon an adequate record."
Lastly, Defendants request that the worker's compensation claim pursuant to Florida Statute § 440.205 be remanded for lack of subject matter jurisdiction and rely upon 28 U.S.C. § 1445(c) which provides that workers compensation claims cannot be removed to the district court. 28 U.S.C. § 1445(c). This case, however, is an original action and was not removed from state court. Thus, Defendants' application for remand is denied.
Accordingly, it is hereby