Fill and Sign the Free Legal Form Complaint for Accounting Kinsey Law Offices

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
The agreement's hours and, on more than one occasion, required plaintiff to work for more than six hours per day. By agreeing to hours that were greater than the agreement provided for, plaintiff was not entitled to overtime compensation as a matter of law. 5. Since, by the terms of the employment contract, plaintiff required defendant to make hourly payments in lieu of all non-cash benefits provided by the company, defendant failed to provide for plaintiff such minimum salary as would compensate for the loss of such benefits and, instead, provided plaintiff with an annual salary which he failed to earn. 6. Plaintiff is the sole proprietor and sole employee of defendant. 7. Plaintiff's store, at all times mentioned in this complaint, was located at (address of plaintiff). 8. Since plaintiff has always worked for defendant and, by virtue of the above agreements, he was bound by these terms and conditions. 9. Plaintiff is a resident and domiciliary of (state) at the time of the commencement of this action. 10. All facts and circumstances alleged by plaintiff in connection with this claim are true and correct as to the relevant facts as they existed on or about the date of the commencement of this action. 11. Plaintiff has made all proper representations and warranties as to the matters set forth herein including but not limited to, that he is a person legally entitled to receive the minimum wage and overtime compensation provided for under the act, with no defect or fault in any of said representations and warranties. 12. In light of the above facts, the court finds, in the determination of liability for any minimum wages, overtime compensation, liquidated damages, attorney fees, and costs: 1. That defendant (name of plaintiff) willfully and deliberately failed to pay such minimum wage, overtime compensation, liquidated damages, attorney's fees, and costs as required by federal or state law; and 2. The court further finds, in the determination of liability for compensatory damages, as follows: (a) that it is not an arbitrary or capricious exercise of discretion under subsection (c) of section 10 of the act to deny plaintiff minimum compensation when such award would be in accordance with the minimum wage, overtime compensation, liquidated damages, attorney's fees, and costs provided for under the act. (b) that, even in the absence of any willful or wanton conduct by defendant, it would not be lawful for this court to award plaintiff any compensation greater than is provided for in subsection (c) of section 10 upon the conclusion of this action