Welcome to Scribd. Sign in or start your free trial to enjoy unlimited e-books, audiobooks & documents.Find out more
Standard view
Full view
of .
Look up keyword
Like this
0 of .
Results for:
No results containing your search query
P. 1
2011 MD FL Morse - Firing Ee ForFB Post is Not Retaliation

2011 MD FL Morse - Firing Ee ForFB Post is Not Retaliation

|Views: 37|Likes:
Published by Brian Wassom

More info:

Published by: Brian Wassom on Oct 13, 2011
Copyright:Attribution Non-commercial


Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less





Custom ID: -
No Description
- |Switch Client|Preferences|Help|Sign Out
Get a Document Go
View Tutorial
Get by LEXSEE®
2010 U.S. Dist. LEXIS 143520
2010 U.S. Dist. LEXIS 143520, *
LILLI MORSE, Plaintiff, vs. JP MORGAN CHASE & CO., Defendant.Case No. 8:11-CV-779-T-27EAJUNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA, TAMPA DIVISION2010 U.S. Dist. LEXIS 143520June 23, 2010, DecidedJune 24, 2011, Filed
overtime wages, fair notice, sufficient facts, unpaid, retaliation, grievance, posting,letting, steam, pled, responded
For Lilli Morse, on her own behalf and others similarly situated, Plaintiff: WilliamJohn Gadd, LEAD ATTORNEY, W. John Gadd, Attorney at Law, Clearwater, FL.For JP Morgan Chase & Co., Defendant: Derek Jon Dilberian, Mark E. Zelek, LEAD ATTORNEYS,Morgan, Lewis & Bockius, LLP, Miami, FL.
JAMES D. WHITTEMORE, United States District Judge.
is Defendant's motion to dismiss (Dkt. 6). Plaintiff has responded in opposition(Dkt. 8). Upon consideration, the motion (Dkt. 6) is GRANTED
in part.
Lilli Morse commenced this action under the Fair Labor Standards Act, alleging that her formeremployer, JP Morgan Chase & Co. ("JPM"), failed to pay her overtime wages and, when shecomplained on her Facebook page, retaliated by terminating her employment. JPM moved to dismissarguing, first, that Morse failed to plead sufficient facts to state a claim for unpaid overtime wages,and second, that a Facebook posting lacks the hallmarks of a serious complaint to an employer. Morseresponded in opposition, arguing that she has pled sufficient facts to support her claims.
Search Get a Document
MoreHistory Alerts
Get a Document - by Citation- 2010 U.S. Dist. LEXIS 143520 https://www.lexis.com/research/retrieve?_m=b7c5bd3c85de859592bf07...1 of 3 8/5/2011 4:59 PM
Rule 8(a)(2) of the Federal Rules of Civil Procedurerequires that a complaint
provide "a shortand plain statement of the claim showing that the pleader is entitled to relief," in order to "give thedefendant fair notice of what the . . . claim is and the grounds upon which it rests."
Bell Atl. Corp. v.Twombly 
, 550 U.S. 544, 555 (2007)(quotation omitted). Although a complaint need not include adetailed recitation of facts, it must contain sufficient allegations which "state a claim to relief that isplausible on its face."
at 570.JPM's first argument is that Morse has not stated a claim for unpaid overtime wages under the FLSA.The Court disagrees. "The elements that must be shown are simply a failure to pay overtimecompensation and/or minimum wages to covered employees . . . ."
Sec'y of Labor v. Labbe
, 319 F.App'x 761, 763 (11th Cir. 2008). Notwithstanding JPM's argument, Morse has pled sufficient facts tostate a cause of action for unpaid overtime wages. JPM's primary concern appears to be the lack of factual detail regarding any similarly-situated workers who could potentially opt-in, should thisbecome a collective action. While well-taken, the Court is of the opinion that this argument is moreappropriately addressed at the conditional certification
SeeMorgan v. Family Dollar Stores, Inc.
, 551 F.3d 1233, 1258-61 (11th Cir. 2008).JPM's second argument is that Morse cannot base a retaliation claim on a complaint posted on herFacebook page. The FLSA's retaliation provision makes it unlawful "to discharge . . . any employeebecause such employee has filed any complaint . . . ."29 U.S.C. § 215(a)(3). The question thereforeis whether a posting on an employee's Facebook page constitutes the filing of a complaint within themeaning of the FLSA.The requirement that a complaint be "filed" is intended to provide the employer with "fair notice" thatan employee "is in fact making a complaint about an Act violation," rather than "just letting off steam."
Kasten v. Saint-Gobain Performance Plastics Corp.
, 131 S. Ct. 1325, 1334 (2011). "[A] 'filing'is a serious occasion, rather than a triviality."
"As such, the phrase 'filed any complaint'contemplates some degree of formality, certainly to the point where the recipient has been given fairnotice that a grievance has been lodged and does, or should, reasonably understand the matter aspart of its business concerns."
Although the statutory requirements may be satisfied by an
"informal workplace grievanceprocedure," Morse does not allege that she made anything close to a serious complaint to heremployer.
See id.
In fact, she never complained to her employer at all. She simply voiced herdisagreement with her employer's payment practices on her Facebook page. This "letting off steam"falls far short of the activity protected by§ 215(a)(3).
Accordingly, Defendant's motion to dismiss (Dkt. 6) is GRANTED
in part 
, to the extent that Count II isDISMISSED without prejudice. Plaintiff is granted leave to amend Count II within 14 days. If Plaintiff fails to file an amended complaint, Defendant shall answer Count I of the complaint within 28 days of this order. The motion is denied in all other respects.
this 23rd day of June, 2010. /s/ James D. Whittemore
JAMES D. WHITTEMOREUnited States District Judge
Get by LEXSEE®
2010 U.S. Dist. LEXIS 143520
View: FullDate/Time: Friday, August 5, 2011 - 4:58 PM EDT
Get a Document - by Citation- 2010 U.S. Dist. LEXIS 143520 https://www.lexis.com/research/retrieve?_m=b7c5bd3c85de859592bf07...2 of 3 8/5/2011 4:59 PM

You're Reading a Free Preview

/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->