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IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
Kayla Denise Bridges,
Plaintiff,
vs.
FM SJ, Inc. d/b/a IHOP 4444 ,
Defendants. :
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Civil Action File No.
Jury Trial Demanded
COMPLAINT
Pursuant to Fed. R. Civ. P. 7, Plaintiff Kayla Denise Bridges (“Bridges ”) brings
this C omplaint against Defendant FM SJ, Inc. d/b/a IHOP 4444 (“IHOP 4444 ”) and
shows the Court as follows:
INTRODUCTION
1.
This is an FLSA case. Plaintiff brings thi s action because IHOP 4444 failed to
pay her above or equal to the minimum wage for each hour she worked as
established by the FLSA .
Case 1:15-cv-03694-TWT Document 1 Filed 10/20/15 Page 1 of 9
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JURISDICTION AND VENUE
2.
This Court has subject matter jurisdiction over the present action under Article
III, § 2 of the United States Constitution, FLSA §16(b), 29 U.S.C. § 216(b), 28 U.
S.C § 1331, because this case arises under the FLSA, a federal statute that affects
interstate commerce.
3.
Venue properly lies in the Northern District of Georgia under 28 U.S.C. § 1391
because IHOP 4444 is located in this judicial district and a substantial portion of
the events giving rise to the claims herein arose in this judicial district.
THE PARTIES
4.
Bridges resides in DeKalb County, Georgia.
5.
IHOP 4444 is a corporation organized unde r the laws of the State of Georgia.
6.
IHOP 4444 is subject to the personal jurisdiction of this Court.
7.
IHOP 4444 may be served with process through its registered agent Chaudhry
Mazhir Hussain Mazhir located at 5170 Memorial Drive, Stone Mountain, Georgia
30083. Case 1:15-cv-03694-TWT Document 1 Filed 10/20/15 Page 2 of 9
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8.
At all times material hereto, Bridges has been an "employee" of IHOP 4444 as
defined in the FLSA § 3(e)(1), 29 U.S.C. § 203(e)(1).
9.
IHOP 4444 employed Bridges as a server at IHOP 4444 4444 located at 5170
Memorial Drive, Stone Mountain, Georgia 300 83 from approximately July 28,
2014 through and until February 8, 2015.
FACTUAL ALLEGATIONS
10.
From on or about July 28, 2014 until February 8, 2015 , Bridges was “engaged
in commerce ” as an employee of IHOP 4444 . as defined in the FLSA, § 6(a), 29
U.S.C. § 206 (a).
11.
At all times material hereto, IHOP 4444 was an "employer" of Bridges as
defined in FLSA § 3(d), 29 U.S.C. §203(d).
12.
From on or about July 28, 2014 until February 8, 2015 , FM SJ, Inc. was an
“enterprise engaged in commerce or in the production of goods for commerce ” as
defined in the FLSA, § 6(a), 29 U.S.C. § 206 (a).
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13.
During 2014 , IHOP 4444 had two or more “employees engaged in commerce ”
as defined by 29 U.S.C. § 203(s)(1)(A).
14.
During 2015, IHOP 4444 had two or more “employees engaged in commerce ”
as defined by 29 U.S.C. § 203(s)(1)(A).
15.
During 2014, IHOP 4444 had two or more “employees handling, selling or
otherwise working on goods or materials that have been moved in or produced for
commerce by any person. ” as defined in 29 U.S.C. § 203 (s)(1)(A).
16.
During 2015, IHOP 4444 had two or more “employees handling, selling or
otherwise working on goods or materials that have been moved in or produced for
commerce by any person. ” as defined in 29 U.S.C. § 203(s)(1)(A).
17.
During 2014 , IHOP 4444 had an annual gross volume of sales made or business
done of not less than $500,000 (exclusive of excise taxes at the retail level that are
separately stated) within the meaning of 29 U.S.C. § 203(s)(1)( A).
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18.
During 2015, IHOP 4444 had an annual gross volume of sales made or business
done of not less than $500,000 (exclusive of excise taxes at the retail level that are
separately stated) within the meaning of 29 U.S.C. § 203(s)(1)( A).
19.
At all time s material hereto, IHOP 4444 has been an “enterprise engaged in
commerce or in the production of goods for commerce " as defined in FLSA §
3(s)(1), 29 U.S.C. § 203(s)(1).
20.
At all times material hereto, Bridges was not exempt from the minimum wage
requirements of the FLSA by reason of any exemption.
21.
At all times material hereto, FM SJ, Inc. paid Bridges the minimum wage as
adjusted by the FLSA tip credit, resulting in a yield of $2.13 per hour.
22.
At all times material hereto , IHOP 4444 required Bridges to enter the amount of
tips she received into an IHOP 4444 ’s computer at the end of each shift .
23.
At all times material hereto , IHOP 4444 programmed its computer in such a
way that the computer would reject tip amounts that were below a threshold
amount. Case 1:15-cv-03694-TWT Document 1 Filed 10/20/15 Page 5 of 9
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24.
At all times relevant, IHOP 4444 further programme d its computer system to
prevent Bridges from clocking out if it had rejected a tip amount because the tip
was below the threshold amount .
25.
As a result , Bridges often reported more tip revenue than she actually received
in order to satisfy the requirement of IHOP 4444 ’s computer program .
26.
At all times material hereto , IHOP 4444 deducted $.49 per hour from Bridges ’
as a charge for an employee meal.
27.
At all times material hereto, IHOP 4444 automatically deducted $.49 per hour
from Bridges ’ as a charge for an employee meal whether or not the employee
actually received an employee meal.
28.
Bridges occasionally did not receive an employee meal.
29.
IHOP 4444 nevertheless deducted $.49 per hour from Bridges ’ pay on shifts
when Bridges did not receive an employee meal.
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30.
During the relevant time period, IHOP 4444 regularly required Bridges to serve
as a dishwasher during a portion of shift.
31.
While working as a dishwasher, Bridges was unable to earn tips.
32.
During the relevant time period , IHOP 4444 failed to compensate Bridge s at or
above the minimum wage for the time she worked as a dishwasher.
COUNT I — FAILURE TO PAY MINIMUM WAGE
33.
The allegations in all previous paragraphs are incorporated by reference as if
fully set out in this paragraph.
34.
At all times material her eto, Bridges has been an employee covered by the
FLSA and entitled to the minimum wage protections set forth in FLSA § 6(a), 29
U.S.C. § 206(a).
35.
From on or about July 28, 2014 through February 8, 2015 , IHOP 4444 failed to
compensate Bridges at an hourly rate above or equal to the minimum wage as
established in accordance with the FLSA.
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36.
From on or about July 28, 2014 through February 8, 2015 , IHOP 4444 willfully
failed to compensate Bridges at an hourly rate above or equal to the minimum
wage as established in accordance with the FLSA.
37.
Bridges is entitled to payment of minimum wages in an amount to be
determined at trial, in accordance with FLSA § 16(b), 29 U.S.C. § 216(b).
38.
As a result of the underpayment of minimum wages as alleged above, Bridges
is entitled to liquidated damages in accordance with FLSA § 16(b), 29 U.S.C. §
216(b).
39.
As a result of the underpayment of minimum wages, IHOP 4444 is liable to
Bridges for her litigation costs, i ncluding h er reasonable attorneys ’ fees in
accordance with FLSA § 16(b); 29 U.S.C. § 216(b).
WHEREFORE, Bridges respectfully prays:
1. That her claims be tried before a jury;
2. That she be awarded an amount to be determined at trial against IHOP 4444
in unpaid minimum wage due under the FLSA, plus an additional like amount in
liquidated damages; Case 1:15-cv-03694-TWT Document 1 Filed 10/20/15 Page 8 of 9
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3. That she be awarded her costs of litigation, including her reasonable
attorneys' fees from IHOP 4444 and
4. For such other and further relief as the Court deems just and proper.
Respectfully submitted,
3100 CENTENNIAL TOWER
101 MARIETTA STREET
ATLANTA , GEORGIA 30303
(404) 979 -3171
(404) 979 -3170 (f)
[email protected]
[email protected]
DELONG CALDWELL BRIDGERS
FITZPATRICK & BENJAMIN , LLC
/S/CHARLES R. BRIDGERS
CHARLES R. BRIDGERS
GA. BAR NO. 080791
/S/ KEVIN D. FITZP ATRICK , JR.
KEVIN D. FITZPATRICK , JR.
GA. BAR NO. 262375
COUNSEL FOR PLAINTIFF
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