PAGE 1 – COMPLAINT

Law Offices of Daniel Snyder

Attorneys At Law

1000 S.W. Broadway, Suite 2400

Portland, Oregon 97205

(503) 241-3617 Fax (503) 241-2249

Daniel Snyder, OSB No. 783856

dansnyder@lawofficeofdanielsnyder.com

Carl Post, OSB No. 061058

carlpost@lawofficeofdanielsnyder.com

John Burgess, OSB No. 106498

johnburgess@lawofficeofdanielsnyder.com

LAW OFFICES OF DANIEL SNYDER

1000 S.W. Broadway, Suite 2400

Portland, Oregon 97205

Telephone: (503) 241-3617

Facsimile: (503) 241-2249

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF OREGON

PORTLAND DIVISION

DENNIS MUMFORD,

Plaintiff,

v.

ECLECTIC INSTITUTE, INC., an 

Oregon corporation,

Defendant.

Case No. 3:15-cv-00375

COMPLAINT

29 U.S.C. §216 (FLSA); ORS 653.261 

(Oregon Overtime Claim); 

Jury Trial Demanded

PRELIMINARY STATEMENT

This action is an action for unpaid overtime wages, penalty wages, liquidated damages, 

and attorneys’ fees and costs, to redress violations of Oregon overtime laws (ORS 653.261, et 

seq.) and the Fair Labor Standards Act (29 U.S.C. §216).

JURISDICTION

1. This Court has jurisdiction under 28 U.S.C. §1331 as Plaintiff has brought a 

claim pursuant to 29 U.S.C. §216. This Court has supplemental jurisdiction over Plaintiff’s 

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PAGE 2 – COMPLAINT

Law Offices of Daniel Snyder

Attorneys At Law

1000 S.W. Broadway, Suite 2400

Portland, Oregon 97205

(503) 241-3617 Fax (503) 241-2249

state law claim pursuant to 28 U.S.C. §1367 because Plaintiff’s state law claims are so 

closely related to his federal law claims that the state law claims form part of the same case 

or controversy.

VENUE

2. Venue is appropriate in this Court under 28 U.S.C. §1391 because the events 

giving rise to this complaint occurred in Clackamas County, Oregon. 

PARTIES

3. Plaintiff Dennis Mumford (“Mumford”) is a resident of Clackamas County, 

Oregon. 

4. Defendant Eclectic Institute, Inc., (“Eclectic”) is an Oregon corporation that 

has its principal place of business is in Clackamas County, Oregon.

FACTUAL ALLEGATIONS

5. Eclectic hired Mumford in or about April 2011. Before hiring Mumford, 

Edward Alstat (“Alstat”), owner and president of Eclectic, informed him that he would be hired 

as Eclectic’s Controller and that he would be a salaried employee. After Mumford began 

working for Eclectic, he was not given the duties of Controller but instead was tasked with nonmanagerial duties: 

(a) Entering data into the accounting software;

(b) Printing out reports from the software and providing them to financial 

institutions upon request; 

(c) Drafting checks when requested by departments within Eclectic; and 

(d) Drafting checks in order to pay utility bills on a fixed schedule. 

6. Mumford did not have authority to draft checks without the approval of Mark 

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PAGE 3 – COMPLAINT

Law Offices of Daniel Snyder

Attorneys At Law

1000 S.W. Broadway, Suite 2400

Portland, Oregon 97205

(503) 241-3617 Fax (503) 241-2249

Oppenheimer, General Manager of Eclectic. Mumford performed these tasks according to 

directives from his supervisors. Mumford did not have authority or discretion to deviate from the 

tasks assigned to him.

7. Eclectic paid Mumford a salary of $62,200.08 per year. 

8. In or about April 2011, Mumford met with Joan Christensen (“Christensen”), 

the payroll clerk regarding his paychecks. Christensen told Mumford that Mumford needed 

to work forty (40) hours per week, and if not, that Mumford would receive a reduction in pay 

for any hours he worked less than forty hours per week. Christensen further stated that if 

Plaintiff did not work forty hours in a week, Eclectic would receive a withholding from 

Eclectic in his wages equal to his hourly wage times the number of hours fewer than forty 

hours he worked that week. On at least one occasion Eclectic withheld 4 hours of Mumford’s 

time as a result of his having worked fewer than 40 hours in a week. 

9. Throughout Mumford’s employment with Eclectic, Mumford did not direct 

any other employees nor did he have the authority to hire or fire any employees. Eclectic did 

not task Mumford with independent decision-making and he performed the tasks that he was 

instructed to perform.

10. On or about March 4, 2013, Mumford met with Alstat and complained that he 

had not been given the position as promised, and that he was not being paid in accordance 

with state and federal wage and hour laws. At the meeting, Alstat became visibly upset and 

yelled at Mumford stating, “All you want to do is control people.” Mumford stated that he 

did not feel that he had the authority to speak with anyone regarding these issues. Alstat 

responded by stating, “That’s right, you have no authority to do anything.” Alstat went on to 

state, “you are not the controller, I don’t think you’re smart enough to be the controller” and 

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PAGE 4 – COMPLAINT

Law Offices of Daniel Snyder

Attorneys At Law

1000 S.W. Broadway, Suite 2400

Portland, Oregon 97205

(503) 241-3617 Fax (503) 241-2249

then left Mumford’s office. 

11. Mumford regularly worked in excess of forty hours per week. In total, 

Mumford worked 417.75 hours of overtime. Mumford’s hourly rate was $29.90 per hour; his 

overtime rate was $44.86 per hour.

12. Eclectic did not pay Mumford overtime at any time during his employment.

13. On November 13, 2014, Mumford made written demand on Eclectic for 

payment of the wages Mumford is owed by Eclectic. When Eclectic did not respond, 

Mumford again made a written demand on December 15, 2014. Eclectic has not tendered any 

money to Mumford.

FIRST CLAIM FOR RELIEF

FEDERAL OVERTIME CLAIM (FLSA)

14. Mumford realleges all relevant paragraphs.

15. At all relevant times, Eclectic was subject to the requirements of the FLSA.

16. During the course of Mumford’s employment, Eclectic allowed, permitted, 

and suffered Mumford to work hours, in excess of 40 hours per week.

17. Pursuant to 29 USC §207, Eclectic was required to pay Mumford at the rate of 

1.5 times Mumford’s regular rate of pay those hours worked in excess of 40 hours per week, 

when those wages were due.

18. Eclectic willfully failed and refused to pay Mumford for those hours of 

overtime worked when those wages were due and there remains due and unpaid overtime 

wages in an amount to be determined.

19. Because of Eclectic’s willful failure to pay Mumford for the overtime hours 

worked, when those wages were due, Mumford, pursuant to 29 U.S.C. §216, is entitled to

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PAGE 5 – COMPLAINT

Law Offices of Daniel Snyder

Attorneys At Law

1000 S.W. Broadway, Suite 2400

Portland, Oregon 97205

(503) 241-3617 Fax (503) 241-2249

liquidated damages equal to the amount of unpaid overtime wages.

20. Mumford has been required to bring this action to recover overtime earnings 

and liquidated damages, and is entitled to recover costs, disbursements, and a reasonable 

sum for attorney fees, pursuant to 29 U.S.C. §216.

21. Pursuant to 29 U.S.C. §207, Mumford is entitled to overtime wages in an 

amount to be determined at the time of trial, which are not presently known but estimated to 

be $18,740.27, plus liquidated damages of an amount equal to the unpaid overtime wages.

22. Pursuant to 29 U.S.C. §216(b), Mumford is entitled to his reasonable costs, 

disbursements, and attorney fees.

23. Mumford is entitled to an award of prejudgment interest at the legal rate from the 

date the damage occurred until the date of judgment.

24. Mumford is entitled to post judgment interest on all damages, costs, expenses, and 

fees from the date of judgment until the date paid.

SECOND CLAIM FOR RELIEF

STATE OVERTIME CLAIM (ORS 653.261)

25. Mumford realleges all relevant paragraphs.

26. At all relevant times, Eclectic was subject to the requirements of ORS 

chapters 652 and 653.

27. During the course of Mumford’s employment, Eclectic allowed, permitted, 

and suffered Mumford to work hours, in excess of 40 hours per week.

28. Pursuant to ORS 653.261 and OAR 839-020-0030, Eclectic was required to 

pay Mumford at the rate of 1.5 times Mumford’s regular rate of pay for those hours worked 

in excess of 40 hours per week, when those wages were due.

Case 3:15-cv-00375-AC Document 1 Filed 03/05/15 Page 5 of 7
PAGE 6 – COMPLAINT

Law Offices of Daniel Snyder

Attorneys At Law

1000 S.W. Broadway, Suite 2400

Portland, Oregon 97205

(503) 241-3617 Fax (503) 241-2249

29. Eclectic failed and refused to pay Mumford for those hours of overtime 

worked, when those wages were due, and there remains due and unpaid overtime wages in 

an amount to be determined, but here alleged to be 417.75 hours.

30. Pursuant to ORS 653.055(1) (b), Mumford is entitled to a civil penalty as 

computed by ORS 652.150, which equals $7,176.

31. Mumford has been required to bring this action to recover overtime earnings 

and penalties, and is entitled to recover costs, disbursements, and a reasonable sum for 

attorney fees, pursuant to ORS 653.055(4) and ORS 652.200(2).

32. Mumford is entitled to overtime wages in an amount to be determined at the 

time of trial, which are not presently known but estimated to be $18,740.27, plus a civil 

penalty as determined per ORS 653.055(1)(b).

33. Pursuant to ORS 655.055(4) and ORS 652.200, Mumford is entitled to his 

reasonable costs, disbursements, and attorney fees.

34. Pursuant to ORS 82.010, Mumford is entitled to an award of nine percent 

prejudgment interest from the date the damage occurred until the date of judgment.

35. Mumford is entitled to post judgment interest on all damages, costs, expenses, and 

fees from the date of judgment until the date paid.

PRAYER FOR RELIEF

Mumford prays for the following judgment against Eclectic:

1. Unpaid overtime wages, in an amount to be determined at the time or trial, 

estimated to be $18,740.27;

2. Civil Penalty per ORS 653.055(1) (b) and ORS 652.150, in the amount of 

$7,176.00; 

Case 3:15-cv-00375-AC Document 1 Filed 03/05/15 Page 6 of 7
PAGE 7 – COMPLAINT

Law Offices of Daniel Snyder

Attorneys At Law

1000 S.W. Broadway, Suite 2400

Portland, Oregon 97205

(503) 241-3617 Fax (503) 241-2249

3. Liquidated damages pursuant to 29 USC §216 in an amount equal to the 

amount of unpaid overtime wages, estimated to be $18,740.27; and

4. Attorney fees, costs, disbursements, expert witness fees, pre- and postjudgment interest at 9% per annum incurred herein.

Plaintiff demands a trial by jury.

Dated: March 5, 2015

Law Offices of Daniel Snyder

s/ John Burgess__________________

Daniel Snyder, OSB No. 783856

dansnyder@lawofficeofdanielsnyder.com

Carl Post, OSB No. 061058

carlpost@lawofficeofdanielsnyder.com

John Burgess, OSB No. 106498

johnburgess@lawofficeofdanielsnyder.com

Telephone: (503) 241-3617

Facsimile: (503) 241-2249

Of Attorneys for Plaintiff

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