Glenn	Solomon	#833287

1001	SW	Fifth	Avenue	#1414

Portland,	Oregon	97204

(503)	241-3508

glensol@aol.com

Attorney	for	Plaintiff

IN	THE	UNTITED	STATES	DISTRICT	COURT

FOR	THE	DISTRICT	OF	OREGON

KAREN	HUYCK, )

)

Plaintiffs, )		No.

)

v. )_	COMPLAINT	FOR	WAGES	

)			DUE	AND	OWEING

LIMITLESS,	LLC,	 )			

a	domestic corporation, )

)		JURY	TRIAL	REQUESTED

Defendant. )

Plaintiff	alleges	as	follows:

1.		This	is	an	action	for	wages	due	and	owing	in	which the	plaintiff, (Huyck),	

alleges she	was not	paid	overtime	wages	in	violation	of	section	7of	the	Fair	

Labor	Standards	Act,	29	USC	201	et	seq,	(the	FLSA).		The	plaintiff seeks

back	pay,	liquidated	damages	and	contract	damages.

2.		This	court	has	jurisdiction	pursuant	to	29	USC	201	et	seq and	28	USC	

1331.

3.		Venue	is	proper	under	28	USC	1391(b)(ii)	as	the	defendant	(Litmitless),

transacts	business	in this	district,	and	Huyck	was employed	in	this	district.		

1.		COMPLAINT

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Parties

4.		Huyck	is	an adult	citizen.		She	was	employed	by	Limitless as	a	Helper

at	various	locations	in	the	Portland	area	and	Willamette	Valley.		She	worked	for

Limitless	from	1/19/15	to	and	including	4/27/15.

5.		Limitless	is	a	domestic,	limited	liability	corporation	that	maintains,

reconditions	and	repairs	repossessed	properties	for	banks	in	Oregon.	

Facts

6.	 As	a	Helper,	Huyck	helped	to	clean,	repair	and	recondition	repossessed

properties.		She	was	non-exempt under	section	13(a)(1)	of	the	FLSA.		She	had

no	supervisory	or	management	responsibilities	and	no	professional	

qualifications.		The	work	did not	require	a	high	level	of	skill	or	the	exercise	of	

independent	judgment.

7.		Huyck submitted	time	sheets that	show	that	she frequently	work

in excess	of	forty	hours	per	week.			Yet	she	was not	paid	overtime.		Instead

she	was	paid	at	an	hourly	rate	of	$25.00	for	eighty	hours	every	two	weeks

regardless	of	how	much	time	she	worked.

8.		During	the	period	of her	employment	with	Limitless,	Huyck	worked

149	overtime	hours	without	receiving	any	compensation.

9.		Limitless	told	Huyck,	that	she	was	not	eligible	for	overtime	pay	because

she	was	salaried.

10.		Huyck	has	not,	since	the	inception	of	her	employment,	been	paid	for	all	

the	she	worked.			Limitless	paid	her an arbitrary	amount	without	regard	to	the	time	

actually	expended	on	the	job.

2.		COMPLAINT

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11.		The	FLSA	requires	Limitless to	pay	its	non-exempt	employees	at	a	rate	

of	at	least	one and	one	half	times	their	regular	rate	of	pay	for	time	worked	in	one	

work	week	over	forty	hours.

12.		Limitless willingly,	deliberately	and	intentionally	refused	to	pay	

the	Huyck	overtime.		Instead,	Limitless	wrongly	misled	Huyck,	and	told	her

that	she	was	not	entitled	to	overtime	pay	because	she	was	salaried.

13.		Huyck	was	not	paid	all	the	wages	that	she	had	coming	at	the

within	24	hours	of her	termination,	on	4/27/1	in	violation	of	Oregon	law.

14.		Limitless	was	sent	a	demand	for	payment	on	June	5,	2015.

15.		Huyck	has	not	been	paid	to	date.

Claim

(Unpaid	Overtime,	FLSA and	Oregon	Law)

17.		Huyck	re-allege	paragraphs	1	– 15.

18.		Huyck	is	owed	$5,587.50 in	unpaid	overtime	wages.

WHEREFORE,	The	Huyck prays	for	judgment	against	Limitless as	follows:

1.		For in	unpaid	overtime	wages in	the	amount	of	$5587.50,	plus	interest	as	

well	as $5,587.50	 in	liquidated	damages,	as	allowed	under	29	USC	216(b)

for	willful	conduct;

2.		For	$4,000.00	representing	thirty	days	wages	as	a	state	law	penalty	of	one	

day’s	wages	for	every	day	that	Huyck	was	not	paid	after	her	termination	for	

thirty	days (ORS	652.150);

3.		For	reasonable	attorney	fees;

3.		COMPLAINT

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4.		For	the	costs	and	disbursements	of	this	action;

5.		for	whatever	other	relief	the	court	deems	necessary	and	proper.

Respectfully	submitted	by:

/s/	Glenn	Solomon

Attorney	for	Plaintiff

4.		COMPLAINT

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