great plains zoo lawsuit
DESCRIPTION
Former veterinarian sues Great Plains Zoo alleging unpaid overtime.TRANSCRIPT
FILED UNITED STATES DISTRICT COURT
FEB 062013DISTRICT OF SOUTH DAKOTA SOUTHERN DIVISION
~4ru SHELLEY HARPSTER, Civil No./3 -'-/rilf
Plaintiff,
vs. COMPLAINT
ZOOLOGICAL SOCIETY OF SIOUX FALLS d/b/a GREAT PLAINS ZOO & DELBRIDGE MUSEUM OF NATURAL HISTORY,
Defendant.
COMES NOW Shelley Harpster ("Harpster"), and for her cause of action against
Defendant Zoological Society of Sioux Falls d/b/a Great Plains Zoo & Delbridge
Museum ofNatural History (,"Great Plains") for failure to pay overtime in violation of the
Fair Labor Standards Act, states and alleges as follows:
JURISDICTION AND VENUE
1 . Harpster is now and was at all times relevant to this action a resident of Sioux
Falls, Minnehaha County, South Dakota.
2. Great Plains is and was at all times relevant to this action a South Dakota
domestic nonprofit corporation with its principal place of business in Sioux Falls, South
Dakota
3. Harpster was at all times relevant a Great Plains employee, working in Sioux
Falls, Minnehaha County, South Dakota.
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4. Jurisdiction of this Court is invoked under 28 U.S.C. §§ l331 and l337. This
action is authorized under the Fair Labor Standards Act of 1938, as amended including 29
U.S.C. §216(b).
5. The employment practices alleged to be unlawful were committed within the
jurisdiction of the United States District Court for the District of South Dakota, Southern
Division.
STATEMENT OF FACTS
6. On or about April 2006, Harpster became an employee of Great Plains as a
veterinary technician. Her job duties consisted primarily of assisting in the compiling of
medical records, assisting in medical procedures, ordering supplies and maintaining the
quarantine unit at Great Plains.
7. The FLSA, (29 U.S.C. §207(a)), requires an employer to pay an employee
at a rate not less than one and one-half times the regular rate of the employee's
compensation (overtime compensation) for hours worked in excess of 40 hours in any
work week.
8. Under the FLSA, (29 U.S.c. §2l3), certain employees are exempt from the
overtime compensation requirements, including employees employed in a bona fide
executive, administrative, or professional capacity.
9. Throughout her employment with Great Plains, Harpster was not employed
in a position that was exempt from the overtime compensation requirements of the FLSA,
as defined by the applicable regulations promulgated under the FLSA.
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10. During her employment with Great Plains, Harpster typically worked in
excess of 40 hours per work week and was not paid one and one-half times her regular
rate of compensation for hours worked in excess of 40 hours in any work week
("overtime compensation"), in violation of the FLSA.
11. From February 1, 2010 to the end of her employment with Great Plains,
Harpster worked on average approximately 50 hours per week and she was not paid
overtime compensation for any time in excess of 40 hours per week as required by the
FLSA.
12. Great Plains is in violation of the FLSA, including 29 U.S.c. § 207(a), in
failing to pay Harpster overtime compensation for hours worked in excess of 40 hours per
week.
13. F or the time period beginning February 1, 2010, until her discharge
effective January 10,2013, Harpster is entitled to overtime compensation.
14. Great Plains's failure to pay overtime compensation constitutes a willful
violation of the FLSA.
15. Pursuant to the FLSA, including 29 U.S.C. §216(b), Defendant is liable to
pay Harpster for her unpaid overtime compensation and an additional equal amount as
liquidated damages.
16. Pursuant to the FLSA, including 29 U.S.C. §216(b), Harpster is entitled to
recover reasonable attorneys' fees and costs from Great Plains.
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PRAYER FOR RELIEF
WHEREFORE, Plaintiff Harpster demands judgment against Great Plains as
follows:
1. For unpaid overtime wages in an amount to be determined at trial;
2. For an additional equal sum of unpaid overtime wages as liquidated damages;
3. For prejudgment and post-judgment interest;
4. For Plaintiffs costs and disbursements herein, including attorneys' fees;
5. For such other and further relief as the Court deems just and equitable.
tit'Dated this &t.. day of February, 2013.
LYNN, JACKSON, SHULTZ & LEB IN'P'C~ By: Ie. hqt'J D, &$1
Richard D. Casey 110 North Minnesota Avenue, P.O. Box 2700 Sioux Falls, SD 57101-2700 Phone: 605-332-5999 Fax: 605-332-4249 [email protected]
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