Free Opening Brief in Support - District Court of Delaware - Delaware

‘ 4. Case 1:04-cv-0041,4-SLR Document 42-8 Filed 05/O2(2005 Paget 0f2
QHPPREY K. MAlR'l`lN, PA.
l5tJ9 r3ii.1¤iN i-xvawtin
\vi.LMiNtj;"rr‘>N, DE i asm
(302) 7"F7»‘l6SO
lincsirnile [302) 777 4682
JEFFREY K. Manriiv, Esq. A rtmornv A. narrow, ESQ.
siramsnit on on at-x is sn sluts wrntiana or os, at a Nl sluts
Fmni]1 jrmnin@jl;mpa. February 27, 2004
Personal Sz Contirleutial
Mr. Phillip Owen
Human Resource Department
Mountaire Farms
.P.O. Box 7l 0
Selbyville, DE l.9975~07l0
RE: Overtime Request for Various Supervisors
Dear Mr. Owen:
Please be advised that this oflice represents a number ot` individuals who are
employed by Mountaire Farms in Selbyville. l have met with each oi" these individuals
and believe that each person is entitled to retroactive overtime pay For the last three years,
Under the FLSA, none of these individuals may be categorized as an "cxempt employee"
and th.e.rel’ore, we are making this demand for overtime compensation.
Most ofthese individuals have worked in the capacity ot` a crew leader. They are
compensated by Mountaire for the time t.hat the farm opens and have net been paid for
any com pensati en. tor the signilicant amount ol` time that has taken each of these
employees to pick up and deliver home the catchers necessary to perform the work at the
farm. They have been improperly denied payment for this time. Notwithstanding that
some ot them may now be sa.|aried employees, each clearly should he compensated for
overtime under the FLSA.
` Please direct this letter to the appropriate person in your company with whom l
may be able to present and discuss each of th.e claims. My clients are understandably
anxious to resolve this matter as soon as possible. lf we are unab.le to resolve this matter
immediately, we have been authorized to [ile a Complaint in the U.S. District Court for
the District ol` Delaware. ln such a complaint, we will he seeking a doubling of the
overtime due and owing to each of these employees, the costs of the litigation, as well as
attorney’s tees.
Please be advised that unrler the FLSA and pertinent Federal an.d state
employment laws, it is contrary to law for the employer to punish or, in any other way,
retaliate against any ot` these employees for the claims made against your company.
EXHIBIT
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Case 1:04-cv-00414-SLR Document 42-8 Filed 05/O2/2005 Page 2 of 2
Mr. Phi}Iip Owen n
FCb1'7.lE1l`y 27, 2004
Page 2
I look Forward to l1ca1riug fyom you or El yeprescmative of"you1‘ company.
Very {lll]! yo urs,
{X /}.1fff _ 7,,-' ;'
J 4 _ ,
.I[EHY`}§j}U€Y K. MARTIN
JKM§:cab
cc: C1ient(s)

Case 1:04-cv-00414-SLR

Document 42-8

Filed 05/02/2005

Page 1 of 2

Case 1:04-cv-00414-SLR

Document 42-8

Filed 05/02/2005

Page 2 of 2