UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

FORT PIERCE DIVISION

CASE NO:

HARRY LAMEIER,

Plaintiff,

v.

EC SOURCE SERVICES, LLC,

a foreign limited liability company,

Defendant.

/

COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL

Plaintiff, HARRY LAMEIER (“Plaintiff”), pursuant to 29 U.S.C. § 216(b), hereby files the 

following Complaint against Defendant, EC SOURCE SERVICES, LLC (“ECS” or “Defendant”),

and alleges as follows:

INTRODUCTION

1. This is an action arising under the Fair Labor Standards Act (“FLSA”), pursuant to 29 

U.S.C. §§ 201-216, to seek redress of Defendant’s violations of the FLSA against Plaintiff 

during the course of his employment and to recover additional damages arising from 

Defendant’s unlawful retaliation against Plaintiff shortly after he lodged complaints about 

unlawful overtime practices. 

PARTIES

2. During all times material hereto, Plaintiff was a resident of the state of Florida, over the 

age of 18 years, and otherwise sui juris. 

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3. During all times material hereto, Defendant, ECS, was a limited liability company located 

and transacting business within Okeechobee, Florida, within the jurisdiction of this 

Honorable Court. ECS operates its principal location at 16055 Space Center Blvd., Suite 

500, Houston, Texas 77062. 

4. During all times material hereto, Defendant, ECS, was Plaintiff’s employer, as defined by 

29 U.S.C. § 203(d). 

5. During all times material hereto, Defendant, ECS, was vested with the ultimate control and 

decision-making authority over the hiring, firing, day-to-day operations, and pay practices 

that led to the FLSA violations alleged herein. 

JURISDICTION AND VENUE

6. The acts and omissions giving rise to this dispute took place within Okeechobee, Florida, 

which falls within the jurisdiction of this Honorable Court.

7. Defendant, ECS, regularly transacts business in Okeechobee County, Florida, and 

jurisdiction is therefore proper within the Southern District of Florida pursuant to 29 U.S.C. 

§ 216(b) and 28 U.S.C. §§ 1331 and 1337. 

8. Venue is also proper within the Southern District of Florida pursuant to 29 U.S.C. § 216(b) 

and 28 U.S.C. § 1391(b). 

GENERAL ALLEGATIONS

9. Defendant, ECS, was founded in 2006 to provide heavy equipment leasing services to the 

energy infrastructure industry. 

10. ECS also provides a broad range of construction-related professional services. 

11. ECS has been operating in Florida since at least 2010. 

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FLSA COVERAGE

12. Defendant, ECS, is covered under the FLSA through enterprise coverage, as ECS was 

engaged in interstate commerce during Plaintiff’s employment period. More specifically, 

ECS’ business and Plaintiff’s work for ECS affected interstate commerce because the 

goods and materials Plaintiff and other employees used and/or handled on a constant and/or 

continuous basis moved through interstate commerce prior to or subsequent to Plaintiff’s 

use of the same. Accordingly, Defendant, ECS, was engaged in interstate commerce 

pursuant to 29 U.S.C. § 203(s)(1)(A). 

13. During his employment with Defendant, Plaintiff and multiple other employees handled 

and worked with various good and/or materials that moved through interstate commerce, 

including, but not limited to: cell phones, clothing, computers, hard hats, forklifts, 

generators, aerial platform lift trucks, backhoes, oilfield equipment, pipelayers, pumps, 

scrapers, drills, lifts, powerlines, transmissions, dozers, cranes, masks, excavators, air 

compressors, cones, hammers, screw drivers, diggers, etc. 

14. Defendant, ECS, regularly employed two (2) or more employees for the relevant time 

period, and these employees handled the same or similar goods or materials as Plaintiff, 

thus making Defendant, ECS, an enterprise covered by the FLSA. 

15. Defendant, ECS, grossed or did business in excess of $500,000.00 during the years of 2017, 

2018, 2019, and 2020.

16. During all material times hereto, Plaintiff was a non-exempt employee of Defendant, ECS,

within the meaning of the FLSA. 

PLAINTIFF’S WORK FOR DEFENDANT

17. Plaintiff worked for Defendant from on or around August 2019 until May 19, 2020. 

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18. Plaintiff built transmission powerlines and performed other construction-related work for 

Defendant. 

19. On average, Plaintiff worked for Defendant six (6) days per week. 

20. Plaintiff typically worked in excess of forty (40) hours per week for Defendant. 

21. At the beginning of workdays, Defendant required Plaintiff to pick up his co-workers and 

work-related equipment prior to his regular work schedule. Plaintiff spent between one (1) 

and two (2) hours per day performing these compensable preliminary activities for 

Defendant. 

22. Defendant failed to pay Plaintiff for the time he spent picking up his co-workers and workrelated equipment prior to his regular work schedule. 

23. Defendant paid Plaintiff $30 per hour. Thus, Plaintiff’s overtime rate, at time-and-one-half 

his regular hourly rate was $45 per hour. 

24. Defendant failed to pay Plaintiff for certain overtime hours that he worked during his 

employment period. 

DEFENDANT RETALIATES AGAINST PLAINTIFF 

25. On May 15, 2020, Plaintiff advised his supervisor that Defendant was not paying him all 

of his accrued FLSA overtime wages. 

26. On that same day, Plaintiff also advised his supervisor that Defendant was not paying him 

properly for his preliminary activities, which constituted about two (2) hours of work per 

day. 

27. Within forty-eight (48) hours of lodging these complaints of unlawful overtime practices, 

Defendant unlawfully terminated Plaintiff. 

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COUNT I – FEDERAL OVERTIME WAGE VIOLATIONS – 29 U.S.C. § 207

28. Plaintiff hereby re-alleges and re-avers Paragraphs 1 through 27 as though set forth fully 

herein.

29. Defendant failed to compensate Plaintiff at the proper overtime rate of time-and-one-half 

required by the FLSA for all hours worked in excess of forty (40) per week. 

30. Defendant willfully and intentionally refused to pay Plaintiff’s overtime wages as required 

by the FLSA, as Defendant knew of the overtime requirements of the FLSA. 

31. Defendant recklessly failed to investigate whether Defendant’s payroll practices were in 

accordance with the FLSA during the relevant time period.

32. Defendant’s willful and/or intentional violations of federal wage law entitle Plaintiff to an 

additional amount of liquidated, or double, damages. 

33. As a result of the violations alleged herein, Plaintiff was required to retain the undersigned 

counsel and is therefore entitled to recover reasonable attorney’s fees and costs. 

WHEREFORE, Plaintiff, HARRY LAMEIER, respectfully requests that this Honorable 

Court enter judgment in his favor and against Defendant, EC SOURCE SERVICES, LLC, and 

award Plaintiff: (a) unliquidated damages; (b) liquidated damages; (c) reasonable attorney’s fees 

and costs; and any and all such further relief as this Court may deem just and reasonable under the 

circumstances.

COUNT II – FLSA RETALIATION IN VIOLATION OF 29 U.S.C. 215(a)(3)

34. Plaintiff re-avers and re-alleges Paragraphs 1 through 27 above, as though fully set forth 

herein.

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35. Pursuant to 29 U.S.C. § 215(a)(3), it is unlawful to discharge or in any other manner 

discriminate against any employee because such employee has filed any complaint or 

caused to be instituted any proceeding under or related to the FLSA.

36. On May 15, 2020, Plaintiff advised the company in writing that it was not paying him 

proper overtime under the FLSA. 

37. Within two (2) days of Plaintiff asserting his right to overtime under the FLSA, Defendant 

terminated Plaintiff. 

38. A direct causal relationship exists between Plaintiff asserting his rights under the FLSA 

and the abrupt termination in less than two (2) days. 

39. Any other justification for termination cited by Defendant is mere pretext in an attempt to 

cover up the true intention behind its actions.

40. As a direct result of Defendant’s conduct, Plaintiff has suffered loss of back pay, loss of 

front pay, loss of reputation, and emotional damages, and he has been otherwise damaged

in amount to be proven at trial.

WHEREFORE, Plaintiff, HARRY LAMEIER, respectfully requests that this Honorable Court 

enter judgment in his favor and against Defendant, EC SOURCE SERVICES, LLC, and award 

Plaintiff: (a) damages arising from Defendant’s unlawful retaliation under the FLSA; (b) all 

reasonable attorney’s fees and costs incurred as permitted under the FLSA; and any and all such 

further relief as this Court may deem just and equitable under the circumstances.

DEMAND FOR JURY TRIAL

Plaintiff, HARRY LAMEIER, requests and demands a trial by jury on all appropriate claims. 

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Dated this 6th day of July 2020.

Respectfully Submitted,

USA EMPLOYMENT LAWYERSJORDAN RICHARDS, PLLC 

805 E. Broward Blvd. Suite 301

Fort Lauderdale, Florida 33301

Ph: (954) 871-0050

Counsel for Plaintiff, Harry Lameier

By: /s/ Jordan Richards

JORDAN RICHARDS, ESQUIRE

Florida Bar No. 108372

MELISSA SCOTT, ESQUIRE

Florida Bar No. 1010123

JAKE BLUMSTEIN, ESQUIRE

Florida Bar No. 1017746

Jordan@jordanrichardspllc.com

Melissa@jordanrichardspllc.com

Jake@jordanrichardspllc.com

April@jordanrichardspllc.com

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that the foregoing document was filed via CM/ECF on July 6, 

2020. 

By: /s/ Jordan Richards

JORDAN RICHARDS, ESQUIRE

Florida Bar No. 108372

SERVICE LIST:

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