Arroyo v. Steps To Recovery, Inc.

• Court: District Court, M.D. Florida
• Decided: March 17, 2023
• Docket: 8:23-cv-00209
• Status: Unknown

Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION

LISA ARROYO, Plaintiff, Case No: 8:23-cv-0209-KKM-SPF STEPS TO RECOVERY, INC., and MARILYN MATYUS, Defendants.

ORDER Lisa Arroyo sues Steps to Recovery, Inc., and Marilyn Matyus to recover unpaid

wages under the Fair Labor Standards Act (FLSA). Because her allegations fail to state a claim under the FLSA, Defendants’ motion to dismiss is granted. I. BACKGROUND Lisa Arroyo worked as Steps to Recovery’s Chief Administrative Officer under the

supervision of Marilyn Matyus. Compl. 4 20-23. She claims that Defendants failed to pay her final paycheck “as required under the law and pursuant to the corporation’s own handbook.” Id. § 21. According to Arroyo, this paycheck should have included $5,000 salary pay, $1,000 hazard pay, and $7,823.83 for 271.19 hours of miscellaneous pay, sick

time, vacation time, and comp time at $28.85 per hour. Id. 4 22.

Steps to Recovery and Matyus move to dismiss, arguing that there is no federal cause of action for failure to pay a final paycheck, and Arroyo’s allegations fail to state a claim under the FLSA. MTD (Doc. 13). Arroyo fails to respond to the motion to dismiss. Il. LEGAL STANDARD A complaint must contain “a short and plain statement of the claim showing that the pleader is entitled to relief.” FED. R. CIV. P. 8(a)(2). This pleading standard “does not

require ‘detailed factual allegations,’ but it demands more than an unadorned, the- defendant-unlawfully-harmed-me accusation.” Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (quoting Bell Atl. Corp. v. Twombly, 550 U.S. 544, 555 (2007)). “A pleading that offers ‘labels and conclusions’ or ‘a formulaic recitation of the elements of a cause of action will

not do.” Id. (quoting Twombly, 550 U.S. at 555). “Nor does a complaint suffice if it tenders ‘naked assertion|s|’ devoid of ‘further factual enhancement.” Id. (alteration in original) (quoting Twombly, 550 U.S. at 557). To survive a motion to dismiss for failure to state a claim, a plaintiff must plead sufficient facts to state a claim that is “plausible on its face.” Id. (quoting Twombly, 550 U.S. at 570). A claim is plausible when a plaintiff “pleads factual content that allows the

court to draw the reasonable inference that the defendant is liable for the misconduct alleged.” Id. When considering the motion, the court accepts all factual allegations of the

complaint as true and construes them in the light most favorable to the plaintiff. See Pielage

v. McConnell, 516 F.3d 1282, 1284 (11th Cir. 2008). Ill. ANALYSIS Section 206 of the FLSA sets out minimum wages that employers engaged in

interstate commerce must pay their employees. 29 U.S.C. § 206. To state a claim for relief under this section, Arroyo must show that “(1) [she] is employed by the defendant, (2) the defendant engaged in interstate commerce, and (3) the defendant failed to pay [her] minimum ... wages.” freeman v. Key Largo Volunteer Fire & Rescue Dep’, Inc., 494 F. App’x 940, 942 (11th Cir. 2012) (per curiam) (citing Morgan v. Family Dollar Stores, Inc., 551 F.3d 1233, 1277 n.68 (11th Cir. 2008). Here, Arroyo fails on at least the third prong. She alleges that Defendants “failed to

pay her final paycheck in violation of the FLSA.” Compl. 4 30. She alleges that this final paycheck should have included a salary of $5,000, plus hazard pay, and accrued hours of

vacation, sick leave, and comp time at a rate of $28.85 an hour. Id. § 22. But the FLSA does not create a federal cause of action for failure to pay an agreed upon salary, hazard

pay, or unpaid vacation and sick leave. It only requires a minimum payment of $7.25 an hour for actual hours worked. And Arroyo fails to allege any number of hours she worked during which the defendants failed to pay her that minimum wage, so she fails to state a claim under this section.

IV. CONCLUSION The FLSA does not include a federal cause of action for unpaid salary, sick leave,

or vacation time. Accordingly, Defendants’ motion to dismiss is GRANTED. The Clerk

is directed to TERMINATE any pending motions or deadlines, enter JUDGMENT in favor of Defendants, and CLOSE this case. ORDERED in Tampa, Florida, on March 17, 2023.

p= nahi Mizelle United States District Judge