Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Decamillis v. Educational Information and Resource Center

United States District Court, D. New Jersey

August 2, 2019

CARMINE DECAMILLIS, III, Plaintiff,
v.
EDUCATIONAL INFORMATION AND RESOURCE CENTER, CHARLES M. IVORY, and MICHAEL PROCOPIO, Defendants.

          GRAHAM FAVILLE BAIRD LAW OFFICES ERIC A. SHORE, P.C. TWO PENN CENTER ATTORNEY FOR CARMINE DECAMILLIS, III.

          KATHERINE D. HARTMAN MARK ALAN GULBRANSON, JR. ATTORNEYS HARTMAN, CHARTERED ATTORNEY FOR CHARLES M. IVORY.

          OPINION

          NOEL L. HILLMAN, U.S.D.J.

          This case concerns one claim for violation of the Fair Labors Standards Act (“FLSA”) for failure to pay the appropriate overtime rate. Presently before the Court is Defendant Charles M. Ivory's Motion to Dismiss the Amended Complaint (“Motion to Dismiss”). For the reasons stated herein, the Motion to Dismiss will be denied.

         BACKGROUND

         The Court takes its recitation of facts from Plaintiff's Amended Complaint. On July 14, 2014, Plaintiff was hired as an installation technician for the Educational Information and Resource Center (“EIRC”). EIRC, according to Plaintiff, is a “now-defunct public agency specializing in education-related programs and services for parents, schools, communities, nonprofit organizations[, ] and privately held businesses throughout New Jersey.” (Pl.'s Am. Compl. ¶ 10.) Plaintiff's work consisted of installing low voltage cabling in schools in New Jersey.

         It is alleged that Defendant Ivory was the Executive Director of EIRC throughout most of Plaintiff's time there. According to Plaintiff, Defendant Ivory “determined Plaintiff's wages and decided not to pay Plaintiff overtime for hours worked in excess of forty hours per week.” (Pl.'s Am. Compl. ¶ 23.) Defendant Michael Procopio is alleged to have been EIRC's Director of Technology. Defendant Procopio set Plaintiff's work schedule, determining when and where Plaintiff would work. Plaintiff usually worked a forty-hour work week and sometimes worked overtime. Until September 2016, his pay was $18.00 per hour. In September 2016, that rate was raised to $18.30 per hour.

         Plaintiff provides a chart in his Amended Complaint that appears to include columns for (1) the check number for his paycheck, (2) the date the check was issued, (3) the hours worked, (4) the overtime hours worked, and (5) the amount of the check.[1] Multiplying the hours worked by the rate of pay reveals the following:

• The first two rows appear to show Plaintiff was overcompensated;
• The next five of six rows, excluding the one that does not list hours worked, appear to show Plaintiff was paid exactly $18.00 per hour, even though it appears he worked some overtime;
• Many of the later rows, excluding those that do not list the hours worked, appear to show that Plaintiff was undercompensated, even assuming a rate of just $18.00 or $18.30 per hour.

         Ultimately, while the chart is difficult to understand with certainty, Plaintiff clearly alleges that he (1) worked a significant amount of overtime (based on the Court's reading of the chart that amount is around 900 hours) and (2) never received overtime pay.

         Plaintiff alleges Defendant violated the FLSA by not paying him the appropriate overtime rate for overtime hours.[2] Plaintiff alleges Defendant EIRC was covered by FLSA, that all Defendants were FLSA “employers, ” that he was a FLSA “employee” and not an “exempt” employee, and that non-payment was willful. Plaintiff requests compensatory relief as well as costs and expenses.

         On February 13, 2019, Defendant Ivory filed the present Motion to Dismiss. On March 18, 2019, Plaintiff filed a brief in opposition. On March 26, 2019, Defendant Ivory filed a reply brief. Accordingly, Defendant Ivory's ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.