GARCIA
v.
SEDANOS MARKET, INC.
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The court held that the relevant time period for FLSA claims is two to three years prior to the complaint filing, and the plaintiff may amend the complaint to substitute proper defendants, with the amendment relating back to the original filing.
Plaintiff filed an FLSA claim for failure to pay overtime. The parties raised issues regarding the applicable statute of limitations and the plaintiff…
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1. The relevant time period for the Plaintiff's FLSA claims are 2 years prior to May 17, 2019 and 3 years prior to May 17, 2019, if the Plaintiff proves reckless disregard for the FLSA provisions. 2. Defendants Lierganes Enterprises, Inc., and/or Suanes Enterprises, Inc., will be substituted by interlineation with Defendant Sedano’s Market Inc. DONE AND ORDERED in Miami, Florida, this 1st day of July, 2021. Zh , .
PATRICIA A. SEITZ
UNITED STATES SENIOR DISTRICT JUDGE
Ce: All counsel of record
1 The Parties shall advise the Court if newly named Defendants shall be designated as d/b/a Sedano’s Market.