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Route 66 Malt Shop Lawsuit

Route 66 Malt Shop Lawsuit

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Published by KOB4
Route 66 Malt Shop Lawsuit
Route 66 Malt Shop Lawsuit

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Published by: KOB4 on Mar 02, 2013
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03/02/2013

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STATE OF NEW MEXICOCOUNTY OF BERNALILLOSECOND JUDICIAL DISTRICT
KEVIN O’LEARY
, andCITY OF ALBUQUERQUE,a Municipal Corporation, andPlaintiffs,v. NO. CV
 – 
 ROUTE 66 MALT SHOP &GRILL, L.L.C., ERIC SZEMAN,DIANE AVILA and ANDREW SZEMANDefendants.COMPLAINT FOR UNPAID WAGES,RETALIATION, DAMAGES, AND INJUNCTIVE RELIEF
Kevin O’Leary and the
City of Albuquerque
(“City”
), by and throughAlbuquerque City Attorney David Tourek (Assistant City Attorney Gregory S.Wheeler) allege and state the following in support of the cause of action hereincontained.
PARTIES AND JURISDICTION
1.
 
The City is a municipal corporation organized and existing under theConstitution and laws of the State of New Mexico and located within BernalilloCounty, New Mexico.2. Defendant Route 66 Malt Shop & Grill, L.L.C.
(“Malt Shop”)
is a New Mexico domestic limited liability company in the restaurant business at 3800
Monica Baca
FILED IN MY OFFICE
DISTRICT COURT CLERK 
2/28/2013 4:30:20 PM
GREGORY T. IRELAND
D-202-CV-2013-02058
 
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Central Ave. S.E., Albuquerque, New Mexico, which is within the city limits of theCity of Albuquerque.3. Defendants Eric Szeman
(“Szeman’)
and
Diane Avila (“Avila’) are,
 upon information and belief, the owners of the Malt Shop. Defendant AndrewSzeman is the general manager of Malt Shop.4. Plaintiff 
Kevin O’Leary (“O’Leary”)
is a waiter formerly employed by Malt Shop.5. The action is brought for the refusal of Malt Shop, Avila and theSzemans
(collectively “Defendants”
) to pay the minimum wage required by lawunder the Albuquerque Minimum Wage Ordinance
(“MWO”)
and for an award of  punitive and compensatory damages for 
O’Leary
against Defendants for retaliationafter 
O’Leary
voted for an increase in the minimum wage and demanded paymentof the minimum wage. This Complaint also seeks injunctive relief to prohibitongoing harassment of 
O’Leary
by Defendants, to stop Defendants fromattempting to enforce a coercive illegal contract and to require Defendants tofollow the law.6. MWO allows the City Attorney to bring an action to enforce its termsagainst an employer who refuses to pay an increase in the minimum wage.7.
O’Leary is the real party in interest in the captioned matter 
who wasdeprived of a fair and legal wage by Defendants and victimized by Defendants.
 
3
8. A minimum wage increase benefits the community at large such that amunicipality in New Mexico has standing to sue a non-compliant employer for the benefit of the public and the individual wrongfully deprived of the legal minimumwage.9. Wages insufficient to support basic needs are a public problem due tothe impact on the entire community.10. When an employer refuses to comply with a municipal minimumwage law, an actual case and controversy arises between the municipality and theemployer as well as between the aggrieved employee and the employer.11. The captioned matter is sufficiently acute for the Court to make aninformed decision on the merits.12. A decision on the merits in the captioned matter will bring thecontroversy to an end.13. The District Court has jurisdiction over the parties and subject matter.14. Venue is proper in the Second Judicial District Court.
GENERAL ALLEGATIONS
15. The public voted to increase the minimum wage in Albuquerque at the November 6, 2012 general election.16. Shortly after November 6, 2012,
Defendant Avila asked O’Leary if he
voted for the increase in the minimum wage.

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