Cafe Istanbul Lawsuit

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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION

SILVIA DE LEON

Plaintiff v.

CAFÉ ISTANBUL INC., NEW CAFÉ ISTANBUL INC., CAFÉ ISTANBUL LEGACY INC., and EROL GIRGIN Defendants

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Civil Action No. _________

PLAINTIFF’S ORIGINAL COMPLAINT Plaintiff Silvia de Leon (hereinafter referred to as “Plaintiff”) brings this Fair Labor Standards Act (FLSA) action against Defendants Café Istanbul Inc., New Café Istanbul Inc., Café Istanbul Legacy Inc., and Erol Girgin (hereinafter referred to as “Defendants”). The causes of action and summary of claims relating thereto are addressed below: I. NATURE OF THE SUIT This is an action for unpaid wages brought pursuant to the Fair Labor Standards Act (FLSA), 29 U.S.C. §§ 201, et seq. and the Texas Minimum Wage Act, Chapter 62 Tex. Labor Code. Plaintiff worked for Defendants from approximately March 2009 until approximately March 1, 2014. Plaintiff routinely worked more than forty (40) hours per week, and Defendants consistently underpaid her, failing to pay both the state and federally mandated minimum wages, as well as one-and-one-half times Leon’s regular rate of pay for all of the hours she worked in excess of forty hours per workweek.

Page -1Plaintiff’s Original Complaint

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II. THE PARTIES 1.

Plaintiff Silvia De Leon is a resident of Texas. Her written consent to this action is

attached as Exhibit A. Her signed Texas Minimum Wage Act verification is attached as Exhibit B. 2.

Defendant Café Istanbul Inc. is a Texas corporation authorized to do business in

Texas and may be served with process through its registered agent, Erol Girgin at 5450 West Lovers Lane, Ste. 222, Dallas, TX 75209.

3.

Defendant New Café Istanbul Inc., is a Texas corporation authorized to do business

in Texas and may be served with process through its registered agent, Erol Girgin at 2833 Fondren Dr., Dallas, Texas 75205.

4.

Defendant Café Istanbul Legacy Inc., is a Texas corporation authorized to do

business in Texas and may be served with process through its registered agent, Erol Girgin at 2833 Fondren Dr., Dallas, Texas 75205.

5.

Defendant Erol Girgin is an individual who resides in Dallas County, Texas and

may be served at 2833 Fondren Dr., Dallas, Texas 75205.

III. JURISDICTION AND VENUE 6.

Because Plaintiff has asserted a claim arising under the Fair Labor Standards Act

(FLSA), 29 U.S.C. § 201 et seq., this Court has jurisdiction over the subject matter of this action under 29 U.S.C. § 216(b) and 28 U.S.C. § 1331.

7.

Venue is proper in the Northern District of Texas, pursuant to 28 U.S.C. §

13991(b)(1) and 1391(b)(2), because Defendant Girgin and the Defendant corporations Café Istanbul Inc, New Café Istanbul Inc. are based in this division.

Page -2Plaintiff’s Original Complaint

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IV. COVERAGE 8.

At all material times Defendants have acted, directly or indirectly, in the interest

of an employer or joint employer with respect to Plaintiff.

9.

At all times hereinafter mentioned, Defendants have been employers or joint

employers within the meaning of the Section 3(d) of the FLSA, 29 U.S.C. § 203(d).

10.

At all times hereinafter mentioned, Defendants have been an enterprise engaged

in commerce or in the production of goods for commerce within the meaning of Section 3(s)(1) of the FLSA, 29 U.S.C. § 203(s)(1), in that said enterprises have had employees engaged in commerce or in the production of goods for commerce, or employees handling, selling, or otherwise working on goods or materials that have been moved in or produced for commerce by any person; upon information and belief, said enterprise has had and has an annual gross volume of sales made or business done between $1-2 million during all of the relevant years, exclusive of excise taxes at the retail level which are separately stated.

11.

At all material times, Plaintiff was employed by each of the Defendants.

V. FACTUAL ALLEGATIONS

12.

Plaintiff worked at Defendants’ Café Istanbul Legacy restaurant located at 7300

Lone Star Dr., Suite 160 C, Plano, Texas 75024 cleaning tables, delivering food to customers, cleaning the dining area, cleaning the patio area, and cleaning restrooms and windows. Plaintiff was jointly employed by Defendants at this restaurant from approximately March, 2009 until March 1, 2014.

13.

Defendants regularly failed to pay Plaintiff for all of her compensable hours

worked, which brought her wages below the required minimum wage rate.

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14.

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Plaintiff routinely worked more than forty (40) hours per week, and Defendants

failed to pay Plaintiff at a rate of one-time-and-a-half times her regular rate of pay for each hour worked in excess of forty hours per workweek. Instead, to the extent they compensated her hours, Defendants simply paid Plaintiff her regular rate for her overtime hours worked.

15.

Defendant Erol Girgin has operational control over the Defendant businesses Café

Istanbul Inc., New Café Istanbul Inc., and Café Istanbul Legacy Inc. Girgin controls the work terms and conditions of the business’s employees, including setting their pay rates, establishing their work duties, possessing the power to hire and fire employees, and maintaining business records. At all times relevant to this action, Defendants knowingly, willfully, or with reckless disregard carried out the illegal pattern or practice of failing to pay all wages due to Plaintiff.

16.

The Plaintiff has fulfilled all prerequisites and/or requirements to bring this suit and

obtain the relief sought herein.

VI. CAUSES OF ACTION 17.

Plaintiff incorporates all allegations contained in paragraphs 1 through 16.

Fair Labor Standards Act

18.

At all times relevant to this lawsuit, Defendants were the employers of Plaintiff

within the meaning of the Fair Labor Standards Act, 29 U.S.C. § 201 et seq. During the relevant period, and by way of the facts set forth above, Defendants violated the provisions of Sections 6 and 7 of the FLSA, 29 U.S.C. §§ 206-207, by employing Plaintiff as an employee within the meaning of the FLSA without proper compensation.

19.

At all times hereinafter mentioned, Defendants have been an enterprise engaged in

commerce or in the production of goods for commerce within the meaning of Section 3(s)(1) of the FLSA, 29 U.S.C. § 203(s)(1), in that said enterprise has had employees engaged in commerce Page -4Plaintiff’s Original Complaint

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or in the production of goods for commerce, or employees handling, selling, or otherwise working on goods or materials that have been moved in or produced for commerce by any person and in that said enterprise has had an annual gross volume of sales made or business done of not less than $500,000 (exclusive of excise taxes at the retail level which are separately stated).

Texas Minimum Wage Act 20.

At all times relevant herein, Defendants were employers of Plaintiff within the

meaning of the Texas Minimum Wage Act (TMWA), Chapter 62, Tex. Labor Code, and Defendants were subject to the requirements of the TMWA. 21.

During Plaintiff’s employment, Defendants failed to pay Plaintiff the required

minimum wage in accordance with the TMWA. 22.

The above-described actions of Defendants violated Plaintiff’s rights under the

TMWA, for which Plaintiff is entitled to relief pursuant to Texas Labor Code §62.201 and §62.205. Plaintiff has fulfilled all prerequisites and/or requirements to bring this suit and obtain the relief sought herein.

VII. RELIEF SOUGHT WHEREFORE, cause having been shown, Plaintiff prays for judgment against Defendants as follows: A.

For an Order pursuant to Section 16(b) of the FLSA, or alternatively under the

Texas Minimum Wage Act, finding Defendants liable for unpaid minimum wages due to Plaintiff and for liquidated damages equal in amount to the unpaid minimum wage compensation found due to Plaintiff; B.

For an Order pursuant to Section 16(b) of the FLSA finding Defendants liable for

unpaid overtime wages due to Plaintiff and for liquidated damages equal in amount to the unpaid Page -5Plaintiff’s Original Complaint

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overtime compensation found due to Plaintiff; C.

For an Order awarding Plaintiff reasonable attorney’s fees; and

D.

For an Order awarding Plaintiff pre-judgment and post-judgment interest at the

highest rates allowed by law; and damages equal in amount to the unpaid compensation found due to Plaintiff; and E.

Such other relief as to which Plaintiff may be entitled.

Respectfully submitted,

/s/ Gonzalo Serrano________ Gonzalo Serrano State Bar No. 24093134 Michael O’Keefe Cowles State Bar No. 24082865 EQUAL JUSTICE CENTER 1801 N. Lamar, Suite 325 Dallas, Texas 75201 (469) 500-7088 (469) 941-0861 (FAX) E-mail: Gserrano@equaljusticecenter.org Mcowles@equaljusticecenter.org ATTORNEYS FOR PLAINTIFF

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Exhibit A

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Exhibit B

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