SAN DIEGO — A rescue worker who supposedly worked 72 hours per week for almost 10 years has filed suit against his employers for allegedly failing to pay all overtime wages due to him for the past nine years.
Michael Parker filed a complaint on Sept. 6 in U.S. District Court for the Southern District of California against the U.S. Department of the Navy and Camp Pendleton Fire Department, alleging that they violated the Fair Labor Standards Act.
According to the complaint, the plaintiff alleges that, at all times during his employment, he was working a 72-hour shift per week, but the defendant has only paid him 12 hours of overtime per week. On Aug. 15, as a retaliation to the plaintiff's request for an explanation of the non-payment of overtime, he was notified that his hours would be cut to 40 hours a week with no possibility of overtime. The plaintiff claims he will be financially harmed because he has relied on his overtime wages for extra income.
The plaintiff holds the U.S. Department of the Navy and Camp Pendleton Fire Department responsible because the defendants allegedly failed to compensate the plaintiff for all of his overtime hours, threatened the plaintiff with termination if he did not agree to his new schedule and harassed the plaintiff by making comments intended to intimidate him from proceeding with the complaint.
The plaintiff requests a trial by jury and seeks judgment against the defendants, unpaid overtime wages, night shift differentials, holiday compensation, liquidated damages, to enjoin the defendants from further retaliation, legal and equitable relief, costs of action, attorney's fees and further relief as the court deems just. He is represented by David Rosenberg and Annette Farnaes of Rosenberg Shpall & Zeigen in San Diego.
U.S. District Court for the Southern District of California case number 16-cv-02242