In the United States District Court for the Eastern District of Louisiana, plaintiffs Ashley Howard, Eric Bellard, Melinda Simon and Gage Smith have filed a collective action complaint against Amy's Seafood Mart, L.L.C. and Amy Dominique Galloway, doing business as Amy's Seafood Mart. The lawsuit, identified by court case ID 2:24-cv-01152-CJB-MBN and filed on May 6th, 2024, alleges violation of the Fair Labor Standards Act (FLSA) and Louisiana Final Wage Payment Act (FWPA), unlawful deductions from final pay, and retaliatory termination.
The plaintiffs, represented by law firm Jackson and Jackson, claim that they were not paid overtime wages for hours worked in excess of 40 per week. Plaintiff Howard and other employees brought this to the attention of the defendant on multiple occasions. They were never paid overtime.
As a result, they staged a "walk out" to demonstrate their intent on securing proper overtime pay. Instead of complying with the FLSA laws, the defendant terminated the plaintiff and all other co-workers who attempted to enforce their rights.
They also assert individual claims under the FWPA for unpaid final wages based on alleged unlawful deductions from their final pay by the defendants which included merchandise and the changing of locks. Furthermore, they claim to have faced unlawful retaliation resulting in their termination for exercising their rights under the FLSA.
The plaintiffs are seeking unpaid overtime wages and liquidated damages owed to them. They are also seeking damages for retaliatory termination and reasonable attorney’s fees and costs under the FLSA.