Fill and Sign the Application for Change of Name of Minor Tuscarawas County Form

IN THE ______________ COURT OF _____________ (County), _________________ (State) _____________________ PLAINTIFF (Name of Plaintiff) V. CAUSE NO. _______,_______ _____________________ DEFENDANT (Name of Defendant) Complaint to Recover Overtime Compensation 1. Plaintiff, ____________________ (name of employee), is now, and at all times relevant to this action was, a resident of ___________________ (name of county), _____________________ (name of state). 2. Defendant, ____________________________ (name of corporate employer), is a corporation organized and existing under the laws of the State of ______________ (name of state), with its principal place of business located at ____________________ ______________________________________________________________________ (address of corporate employer), __________________ (name of city), _____________________ (name of county), ___________________ (name of state), and, at all times mentioned in this Complaint, maintained a retail store at ____________ ______________________________________________________________________ (address of retail store), ___________________ (name of city), ________________ (name of county), _________________ (name of state). 3. At all times mentioned in this Complaint, Plaintiff was an employee of Defendant in its above-mentioned retail store. Plaintiff brings this action to recover unpaid minimum wages, overtime compensation, liquidated damages, attorney's fees, and costs under the provisions of section 16(b) of the Fair Labor Standards Act of 1938, as amended (29 U.S.C.A. §§ 201 et seq.), here referred to as the Act. 4. Since __________________ (begin date of employment), Plaintiff was employed by Defendant in Defendant's store on the basis of an oral contract, whereby Plaintiff agreed to work ___________ (number) hours per week at a set and determined amount of compensation. Defendant, after entering into the employment contract with Plaintiff, required Plaintiff to work hours in excess o
F the agreed-upon compensation on a weekly basis. 5. At all times mentioned in this complaint, plaintiff worked at the shop owned and operated by defendant where plaintiff's compensation was equal to 25 per week. Case 1:15-cv-00638-raj document 47 filed 08/16/16 page 56 of 51 6. Plaintiff was a part-time employee working six days per week from one day after the first Monday of the month until the end of the month. Case 1:15-cv-00638-raj document 47 filed 08/16/16 page 57 of 51 7. During their employment, defendant provided plaintiff with a written schedule covering one week; provided plaintiff with a copy of the schedule; and told plaintiff the number of hours he was scheduled to work per week. Case 1:15-cv-00638-raj document 47 filed 08/16/16 page 58 of 51 8. Defendant's store was located in downtown Detroit and located on north jefferson avenue. The main entrance to the store was located at the southeast corner of west Jefferson avenue and washington street in the city's center. 9. Defendants store was approximately 100-220 square feet in size and included three floor levels and a basement level. 10. The store was staffed by approximately eight clerks. It is well known to both plaintiff and defendant that during the period of plaintiff's employment, the store, in and of itself, was a substantial portion of plaintiff's income. 11. Plaintiff performed clerical work that consisted of entering and counting transactions in the store, making cash deposit slips, opening and closing register drawers, and making payments on credit cards. This work required that plaintiff performs in excess of seven to eight hours of overtime per week. Case 1:15-cv-00638-raj document 47 filed 08/16/16 page 59 of 51 12. During plaintiff's employment each of the defendant's six employees worked 12 hours overtime per week. In the course of his or her work hours, plaintiff performed tasks beyond the required standard of service. These included opening store drawers and opening/closing register drawers to count receipts, and performing other tasks that were beyond the normal or customary duty of the employees. Case 1:15-cv-00638-raj document 47 filed 08/16/16 page 60 of 51 13. Plaintiff's first job with defendant was after defendant hired its other employees. The first part.