A violation is willful if the employer ‘either knew or showed reckless disregard for…whether its conduct was prohibited by the statute.’ Plaintiff claims Defendant acted willfully and intentionally because Defendant knew of the FLSA’s minimum wage and overtime requirements, yet ‘recklessly failed to investigate’ whether its payroll practices were in accordance with the FLSA. The

“Defendant also argues the Complaint should be dismissed because it does not identify a week during which Plaintiff worked more than forty hours and was not properly compensated for overtime. The Court finds that Plaintiff has adequately pleaded his overtime claim. He alleged that he worked on average seventy hours per week from December 3,

“When evaluating whether settlements purporting to waive or release claims pursuant to the FLSA may be enforced, courts look to evidence in the records before them to see whether the settlements resolved ‘bona fide disputes’ regarding the number of allegedly unpaid hours or compensation due at the time that payment was received. By contrast, here,

“In this case, the plaintiff’s averments regarding the defendant’s billing practices are criminal in nature. For example, the plaintiff’s original complaint alleges that ‘BCH began requesting that the Plaintiff see multiple patients at the same time, bill units in empty time slots, and bill incorrectly. However, Plaintiff refused….’ Such practice could subject individuals to criminal

“A ‘qualified individual’ means ‘an individual who, with or without reasonable accommodations, can perform the essential functions of the employment position that such individual holds or desires.’ In Plaintiff’s Third Amended and Restated Complaint, Plaintiff adds the allegation that she ‘required the cane to perform the tasks within the course and scope of employment at

“In Plaintiff’s Third Amended and Restated Complaint, Plaintiff adds the allegation that she ‘required the cane to perform the tasks within the course and scope of employment at Defendant’s facility.’ Thus, unlike the complaint in Mora, Plaintiff is specifically alleging that she suffered from an impairment to a major life activity by requiring a cane

“As a pharmacy technician for a large corporate entity, plaintiff had virtual no ability to exert influence over her employer. For instance, all the terms of her employment were laid out unilaterally in an employee handbook published by her employer. For similar reasons, the court also finds plaintiff had no opportunity to negotiate the terms

“The plaintiff attested that, as a Technical Support Specialist, she worked offsite and from home through telecommunication and reported to the Tampa, Florida corporate office, which has more than 50 employees . . . . Here, the plaintiff provides sufficient evidence to support her claim that she is an eligible employee under the FMLA. Because

“A claim is considered exhausted if is within the scope of the EEOC complaint and reasonably expected to grow out of a charge of discrimination. In examining a Title VII or ADEA action, the Court’s inquiry is not…limited to the exact charge [of discrimination]. The Fifth Circuit has recognized that a Title VII plaintiff is

“In light of Pate’s wrongful interpretation and application of its Policy, and its failure to discharge a younger driver with four violations in a two-year period, a reasonable jury could disagree that Defendant’s stated reason for Plaintiff’s discharge was the true or real reason for terminating him, and find that the stated reason was pretext