Case 4:13-cv-04014-LLP Document 1

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UNITED STATES DISTRICT COURT DISTRICT OF SOUTH DAKOTA

SOUTHERN DIVISION

FILED
FEB 062013

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SHELLEY HARPSTER, Plaintiff, vs. ZOOLOGICAL SOCIETY OF SIOUX FALLS d/b/a GREAT PLAINS ZOO & DELBRIDGE MUSEUM OF NATURAL HISTORY, Defendant.

Civil No./3 -'-/rilf

COMPLAINT

COMES NOW Shelley Harpster ("Harpster"), and for her cause of action against Defendant Zoological Society of Sioux Falls d/b/a Great Plains Zoo & Delbridge Museum of Natural History (,"Great Plains") for failure to pay overtime in violation of the Fair Labor Standards Act, states and alleges as follows:

JURISDICTION AND VENUE

1. Harpster is now and was at all times relevant to this action a resident of Sioux

Falls, Minnehaha County, South Dakota. 2. Great Plains is and was at all times relevant to this action a South Dakota

domestic nonprofit corporation with its principal place of business in Sioux Falls, South Dakota
3.

Harpster was at all times relevant a Great Plains employee, working in Sioux

Falls, Minnehaha County, South Dakota.

1

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4.

Jurisdiction of this Court is invoked under 28 U.S.C. l331 and l337. This

action is authorized under the Fair Labor Standards Act of 1938, as amended including 29 U.S.C. 216(b). 5. The employment practices alleged to be unlawful were committed within the

jurisdiction of the United States District Court for the District of South Dakota, Southern Division.

STATEMENT OF FACTS
6. On or about April 2006, Harpster became an employee of Great Plains as a

veterinary technician. Her job duties consisted primarily of assisting in the compiling of medical records, assisting in medical procedures, ordering supplies and maintaining the quarantine unit at Great Plains. 7. The FLSA, (29 U.S.C. 207(a)), requires an employer to pay an employee

at a rate not less than one and one-half times the regular rate of the employee's compensation (overtime compensation) for hours worked in excess of 40 hours in any work week. 8. Under the FLSA, (29 U.S.c. 2l3), certain employees are exempt from the

overtime compensation requirements, including employees employed in a bona fide executive, administrative, or professional capacity. 9. Throughout her employment with Great Plains, Harpster was not employed

in a position that was exempt from the overtime compensation requirements of the FLSA, as defined by the applicable regulations promulgated under the FLSA.

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10.

During her employment with Great Plains, Harpster typically worked in

excess of 40 hours per work week and was not paid one and one-half times her regular rate of compensation for hours worked in excess of 40 hours in any work week ("overtime compensation"), in violation of the FLSA. 11. From February 1, 2010 to the end of her employment with Great Plains,

Harpster worked on average approximately 50 hours per week and she was not paid overtime compensation for any time in excess of 40 hours per week as required by the FLSA. 12. Great Plains is in violation of the FLSA, including 29 U.S.c. 207(a), in

failing to pay Harpster overtime compensation for hours worked in excess of 40 hours per week. 13. F or the time period beginning February 1, 2010, until her discharge

effective January 10,2013, Harpster is entitled to overtime compensation. 14. Great Plains's failure to pay overtime compensation constitutes a willful

violation of the FLSA. 15. Pursuant to the FLSA, including 29 U.S.C. 216(b), Defendant is liable to

pay Harpster for her unpaid overtime compensation and an additional equal amount as liquidated damages. 16. Pursuant to the FLSA, including 29 U.S.C. 216(b), Harpster is entitled to

recover reasonable attorneys' fees and costs from Great Plains.

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PRAYER FOR RELIEF

WHEREFORE, Plaintiff Harpster demands judgment against Great Plains as follows: 1. For unpaid overtime wages in an amount to be determined at trial; 2. For an additional equal sum of unpaid overtime wages as liquidated damages; 3. For prejudgment and post-judgment interest; 4. For Plaintiffs costs and disbursements herein, including attorneys' fees; 5. For such other and further relief as the Court deems just and equitable. Dated this &t..

tit'
day of February, 2013. LYNN, JACKSON, SHULTZ & LEB By:

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D, &$1

IN'P'C~

Richard D. Casey
110 North Minnesota Avenue,
P.O. Box 2700 Sioux Falls, SD 57101-2700 Phone: 605-332-5999 Fax: 605-332-4249 rcasey@lynnjackson.com