Calderon, et al. v. Form Works/Baker JV, LLC, No. 14-10090 (11th Cir. 2014)Annotate this Case
Plaintiffs, worker who helped build the new Marlins ballpark, filed suit alleging that the contractor who employed them failed to pay them the wages and overtime that they were entitled to receive under the Fair Labor Standards Act (FLSA), 29 U.S.C. 206. The district court dismissed the complaint for lack of subject matter jurisdiction. The court concluded that plaintiffs' failure to reiterate their unpaid-overtime-hours claim in the statement of claim document is not controlling where that document does not have the status of a pleading and is not an amendment under Federal Rule of Civil Procedure 15. The existence of federal jurisdiction at the pleading stage is to be determined based on the contents of the complaint, applying the well-pleaded complaint rule. In this case, the unpaid-overtime-hours claim in Count I alleges that plaintiffs were not always paid time-and-a-half for hours beyond forty worked in a workweek but were instead paid their regular rate for some overtime hours and nothing at all for others. The court concluded that plaintiffs alleged a claim on the face of the complaint and reversed the judgment of the district court, remanding for further proceedings.