Amplus Air Conditioning Contractor’s motion to strike or dismiss an amended complaint for allegedly not properly paying an employee was granted in part and denied in part.
U.S. District Judge Beth Bloom of the Southern District of Florida made that determination on March 25.
Derek Saunders sued, alleging that he worked more than 40 hours a week, but wasn’t paid properly for overtime. He also said he was shorted 2% commission for sales.
The court first decided not to strike the complaint even though it missed a deadline and expired, pointing out that the court previously decided to allow the plaintiff to file the order, and told the defendants to respond.
“The court finds no reason to disturb its prior ruling or to strike the complaint now based upon plaintiff’s past actions,” Judge Bloom wrote.
Still, Judge Bloom did agree that Fair Labor Standards Act (FLSA) weren’t properly pled. Bloom held that the plaintiff failed to even allege that he was a non-exempt employee. He doesn’t state his job title, his responsibilities, or the work he did for the defendants.
“Second, the complaint fails to set fort sufficient facts to establish the ‘interstate commerce’ component of an FLSA claim under either theory of coverage,” Judge Bloom wrote.
Ultimately, his allegations for interstate commerce aren’t enough to back FLSA coverage.
Since the FLSA claims weren’t pled properly, the court ruled it doesn’t have jurisdiction for the state law claims.