Case 3:19-cv-00268-JWD-RLB Document 1 05/01/19 Page 1 of 7 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF LOUISIANA MALIK ALEEM, Plaintiff v. CENIKOR FOUNDATION, INC. and Defendant. ) ) ) ) ) ) ) ) ) ) Civil Action No. ___________ COMPLAINT AND JURY DEMAND COLLECTIVE ACTION Plaintiff MALIK ALEEM, through undersigned counsel, hereby alleges as follows: THE PARTIES 1. Malik Aleem is an individual of the full age of majority, and a resident and domiciliary of the State of Louisiana. 2. Defendant Cenikor Foundation, Inc. (“Cenikor”) is a Texas entity licensed to do business in Louisiana and doing business in Louisiana. Its principal business establishment within this State is located at 2414 Bunker Hill Drive, Baton Rouge LA 70808. JURISDICTION AND VENUE 3. This Complaint is brought pursuant to the Fair Labor Standards Act (“FLSA”). This Court has subject matter jurisdiction over this action pursuant to 28 U.S.C. § 1331. 4. The Court has supplemental jurisdiction over the state law claims pursuant to 28 U.S.C. § 1367, as the state law claims form part of the same case or controversy as the federal law claim. 5. Defendant regularly transacts business within this District and is subject to Page 1 of 7 Case 3:19-cv-00268-JWD-RLB Document 1 05/01/19 Page 2 of 7 personal jurisdiction here. 6. A substantial part of the claims or omissions alleged herein took place in this District. 28 U.S.C. § 1391(b). 7. Defendant is regularly engaged in commerce pursuant to 29 U.S.C. § 203(s). 8. Defendant’s annual volume of sales made and business done has exceeded $500,000 at all relevant times. FACTUAL ALLEGATIONS 9. Cenikor bills itself as a rehabilitation center for individuals with substance abuse problems. In reality, it operates more like a temp service, where individual residents are assigned to work on outside jobs for third-party companies. However, all wages earned from those jobs go to Cenikor rather than the individual workers. 10. In 2016, Plaintiff Malik Aleem was offered a stark choice by a judge of the St. James Parish Criminal Court – either attend Cenikor’s residential rehabilitation facility, or go to jail. 11. Aleem reported to the Cenikor facility in Baton Rouge, Louisiana, and worked for Cenikor from approximately October 2016 until December 2017 without receiving any pay whatsoever. 12. During this time period, Plaintiff worked at various third-party jobsites throughout the Baton Rouge area including Tony’s Fish Fry, RB Electric, the LSU Student Cafeteria, AEC Electric, and the LSU Student Union. 13. Cenikor was responsible for making arrangements with these third-party companies, and any agreement between Cenikor and the third-party company was not shown to, or signed by, Plaintiff. 14. Cenikor assigned Plaintiff to work particular shifts at particular jobsites. As a Page 2 of 7 Case 3:19-cv-00268-JWD-RLB Document 1 05/01/19 Page 3 of 7 result, Cenikor controlled the location and duration of Plaintiff’s work. Cenikor also controlled the rate of pay (which was zero). 15. Plaintiff was not permitted to find independent work, outside the scope of the Cenikor assignments. 16. At all relevant times, Cenikor qualified as an “employer” under the FLSA. 17. At all relevant times, Plaintiff was Cenikor’s “employee” under the FLSA. 18. Plaintiff worked, on average, 40 hours per week, and sometimes worked overtime. 19. Plaintiff never received any portion of the wages which he earned. Instead, all monies were kept by Cenikor. 20. Cenikor also prevents individuals from obtaining jobs directly from the companies they are working for. If a company attempts to hire a Cenikor worker directly, Cenikor threatens to assess a fine based on an alleged contractual provision. 21. On average, roughly 150 individuals were in residence at the Cenikor Baton Rouge facility at any given time. 22. On information and belief, each of these individuals was required to work at thirdparty jobsites, and all or some of their wages were retained by Cenikor and not provided to the resident. 23. During the time which Plaintiff resided at the Cenikor facility, he was economically dependent on Cenikor. 24. Although the individuals may be assigned to work at different locations, for different companies, the underlying Cenikor policy is the same – residents are all required to work, but do not receive any of the pay they earn. 25. Cenikor also told residents to apply for benefits under the Supplemental Nutrition Assistance Program (SNAP), also known as food stamps. However, these monthly benefits Page 3 of 7 Case 3:19-cv-00268-JWD-RLB Document 1 05/01/19 Page 4 of 7 were not distributed to the residents. Instead, they were retained by Cenikor. 26. In or around December 2017, Plaintiff became eligible for what Cenikor calls the “re-entry” program. Under the re-entry program, residents are permitted to keep a portion of their wages earned, but are required to pay $350 in rent to Cenikor for rent and $80 per month for transportation costs, directly to Cenikor. Plaintiff participated in the re-entry program from approximately December 2017 through February 2018. FIRST CAUSE OF ACTION FAIR LABOR STANDARDS ACT 27. Plaintiff hereby realleges and reincorporates all previous paragraphs as if fully set forth herein. 28. The FLSA requires that employers pay nonexempt employees a minimum wage of at least $7.25 per hour, plus an overtime premium at a rate of at least one and one-half times their regular rate, for all hours over forty in a workweek. 29. Defendant has not paid Plaintiff any of the wages due to him, including minimum wage or overtime. 30. Defendant’s nonpayment of minimum wage and overtime was willful and not based in a good faith belief that its conduct was in accordance with the law. 31. Defendant’s failure to pay the residents the monies which they have earned while working is a common policy, practice or plan in violation of the FLSA. 32. Plaintiff hereby seeks certification of a collective pursuant to 29 U.S.C. § 216(b), consisting of: All individuals who resided at the Cenikor Foundation, Inc. facility in Baton Rouge, Louisiana, within the three years prior to the filing of this Complaint, and who were assigned by Cenikor to work at third-party facilities but whose earnings were kept, in whole or in part, by Cenikor. Page 4 of 7 Case 3:19-cv-00268-JWD-RLB Document 1 05/01/19 Page 5 of 7 33. Plaintiff and the members of the collective have been injured in an amount to be proven at trial. SECOND CAUSE OF ACTION LOUISIANA WAGE PAYMENT ACT 34. Plaintiff hereby realleges and reincorporates all previous paragraphs as if fully set forth herein. 35. Defendant failed to pay Plaintiff and the members of the collective all sums owed by the next regular pay date after the end of employment, as required by La. Rev. Stat. § 23:631. 36. Plaintiff has demanded payment of his wages from Defendant, but the wages have not been paid. 37. Defendant’s actions violate the Louisiana Wage Payment Act, La. Rev. Stat. §§ 23:631-632, and Plaintiff is entitled to a penalty, along with reasonable attorneys’ fees and costs, in accordance with that Act. THIRD CAUSE OF ACTION BREACH OF IMPLIED CONTRACT/QUANTUM MERUIT 38. Plaintiff hereby realleges and reincorporates all previous paragraphs as if fully set forth herein. 39. Defendants have not paid Plaintiff and the members of the collective all wages, earnings, and other monies due to them, and/or have made unlawful deductions from wages, earnings, and other monies due to Plaintiff and the members of the collective. 40. These monies were duly earned by or owed to Plaintiff and the members of the collective. Defendant’s failure to pay for this labor has unjustly enriched Cenikor and Page 5 of 7 Case 3:19-cv-00268-JWD-RLB Document 1 05/01/19 Page 6 of 7 impoverished Plaintiff and the members of the collective. 41. There is no justification for Defendant’s unlawful nonpayment of wages and deductions from wages, and Plaintiff has no other adequate remedy at law for Defendants’ unlawful actions. 42. Defendant’s unlawful actions have injured Plaintiff and the members of the collective in an amount to be proven at trial. 43. Plaintiff hereby requests a trial by jury. WHEREFORE, Plaintiff respectfully prays for judgment as follows: a. For certification of this action as a collective; b. For an award of all unpaid wages, minimum wage, and overtime according to proof; c. For an award of liquidated damages pursuant to 29 U.S.C. § 216(b); d. For an award of reasonable attorney’s fees; e. For costs of suit; f. For an award of penalties pursuant to La. Rev. Stat. § 23:632; g For injunctive and equitable relief as provided by law; h. For pre and post-judgment interest; and i. For such other and further relief as may be just and proper. Respectfully Submitted, /s Charles J. Stiegler Charles J. Stiegler, #33456 (Lead Atty.) STIEGLER LAW FIRM LLC 318 Harrison Ave., Suite 104 New Orleans, La. 70124 (504) 267-0777 (telephone) (504) 513-3084 (fax) Charles@StieglerLawFirm.com Page 6 of 7 Case 3:19-cv-00268-JWD-RLB Document 1 05/01/19 Page 7 of 7 and Justin Chopin, # 31100 CHOPIN LAW FIRM LLC 650 Poydras St., Suite 1550 New Orleans, La. 70130 (504) 229-6681 (telephone) (504) 324-0640 (fax) Justin@ChopinLawFirm.com and MANSFIELD MELANCON CRANMER & DICK LLC Collin Melancon, #36582 Scott Mansfield, #36563 318 Harrison Ave., Suite 107 New Orleans LA 70124 (504) 500-1108 (telephone) (504) 208-3427 (fax) Collin@MansfieldMelancon.com Scott@MansfieldMelancon.com Kelley R. Dick, Jr., #36434 Brad W. Cranmer, #36424 2133 Silverside Drive, Suite B Baton Rouge, LA 70808 (225) 612-0800 (telephone) (504)208-3427 (fax) Kelley@MansfieldMelancon.Com Brad@MansfieldMelancon.Com Attorneys for Plaintiff and the Members of the Collective Page 7 of 7 Case 1544 (Rev. 02119) The IS 44 civil cover sheet and the information contained herein neither re lace nor su Pt} provided by local rules of court This form. approved by the Judicial Con erence of the purpose of initiating the civil docket sheet. (SEE MIRUCTIONS ONNEXTPAGE 0F THISFORM.) Document 1-1 05/01/19 Page 1 of 1 CIVIL COVER SHEET the tilin and service of pleadings or other papers as required by law, except as nitcd States in eptember 1974, is required for the use of the Clerk of Court for the l. PLAINTIFFS Malik Aleem (to) County ofResidenceofFirst Listed Plaintiff E- Baton Rouge (EXCEPT IN US. PLAINTIFF CASES) (C) Attorneys (Firm Name. Address, and Telephone Number) Charles Stiegler, Stiegler Law Firm LLC 318 Harrison Ave. New Orleans LA 70124 (504) 267-0777. DEF ENDANTS Cenikor Foundation, inc. County of Residence of First Listed Defendant NOTE: IN LAND CONDEMNATION CASE TIDE TRACT OF LAND INVOLVED Attorneys (IN U.S. PLAINTIFF CASES ONLU S, USE THE LOCATION OF H. BASIS OF JURISDICTION (Plateau in One .80): Onfy) ll]. CITIZENSHEP 0F PRINCIPAL PARTIES (Place an in One Baxfor Plainti? (For Diversig' Cases 0111}? and One Boxfor Defendant) CI 1 US. Government 5 3 Federal Question PTF DEF PTF DEF Plaintiff (US. Government New Party) Citizen of This Slate CI 1 Cl 1 Incorporated or Principal Place El 4 4 ofBusiness In This State Cl 2 US. Government 3 4 Diversity Citizen of Another State CI 2 Cl 2 Incorporated and Principal Place Cl 5 Cl 5 Defendant (Indicate Citizenship of Parties in Item HI) ofBusiness In Another State Citizen or Subject ot'a 3 Cl 3 Foreign Nation Cl 6 Cl 6 Foreign Country IV. NATURE OF SUIT (Place an in One Box Only) Click here for: Nature ofSuit Code Descriptions. Tom's FORFEITUREJPENALTY EANKRUPTCY OTHER STATUTES ?0 Insurance PERSONAL INJURY PERSONAL INJURY t'l 625 Related Seizure I1 422 Appeal 28 USC 158 375 False Claims Act CI 120 Marine Cl 310 Airplane El 365 Personal Injury - of Property 21 USC 88} CI 423 Withdrawal 130 Miller Act [3 315 Airplane Product Product Liability [3 690 Other 28 USC 157 3729(8)} I40 Negotiable Instrument Liability l'l 367 Health Care! t?l 400 State Reapportionment CI 150 Recovery of Overpayment 320 Assault, Libel Pharmaceutical 3 410 Antitmst Enforcement of Judgment Slander Personal Injury CI 820 Copyrights 3 430 Books and Banking I3 151 Medicare Act CI 330 Federal Employers? Product Liability CI 830 Patent 3 450 Commerce [52 Recovery of Defaulted Liability [3 368 Asbestos Personal CI 835 Patent - Abbreviated 3 460 Deportation Student Loans Cl 340 Marine Injury Product New Drug Application II 470 Racketeer In?uenced and (Excludes Veterans) Cl 345 Marine Product Liability [3 840 Trademark Corrupt Organizations 153 Recovery of Overpayment Liability PERSONAL PROPERTY LABOR SOCIAL SECURITY Cl 480 Consumer Credit ofVcteran's Bene?ts I3 350 Motor Vehicle CI 370 Other Fraud 'llO Fair Labor Standards I3 861 (l395?) 485 Telephone Consumer I3 160 Stockholders' Suits 355 Motor Vehicle Cl 371 Truth in Lending Act I3 862 Black Lung (923) Protection Act 190 Other Contract Product Liability CI 380 Other Personal i3 720 Labor/Management I3 863 (405(9) 490 Cable/Sat TV I3 195 Contract Product Liability l3 360 Other Personal Property Damage Relations 86-4 3511) Title XVI El 850 Securities/Commodities/ El 196 Franchise Injury [3 385 Property Damage Cl "7'40 Railway Labor Act 865 RSI [405(9) Exchange [3 362 Personal Injury Product Liability CI 751 Family and Medical 13 890 Other Statutory Actions Medical Malpractice Leave Act 3 891 Agricultural Acts REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONL El 790 Other Labor Litigation FEDERAL TAX SUITS 3 893 Environmental Matters 0 2 l0 Land Condemnation Cl 440 Other Civil Rights lichens Corpus: I3 79! Employee Retirement CI 870 Taxes Plaintiff 3 895 Freedom of Information 0 220 Foreclosure [3 441 Voting El 463 Alien Detainee Income Security Act or Defendant} Act CI 230 Rent Lease Ejectment [3 442 Employment [3 510 Motions to Vacate CI 871 IRS Third Party Cl 896 Arbitration CI 240 Torts to Land CI 443 Housing? Sentence 26 USC 7609 13 399 Administrative Procedure El 245 Tort Product Liability Accommodations Cl 530 Gench Aco?Review or Appeal of 290 All Other Real Property CI 445 Amer. wi?Disabilities - [3 535 Death Penalty IMMIGRATION Agency Decision Employment Other: Cl 462 Naturalization Application t3 950 Constitutionality of [3 446 Amer. w/Disabililics I3 540 Mandamus Other [3 465 Other Immigration Stale SLatuLes Other CI 550 Civil Rights Actions 448 Education CI 555 Prison Condition 560 Civil Detainee - Conditions of Con?nement V. ORIGIN (Place an in One 30:: Only} 1 Original [3 2 Removed from [3 3 Remandcd from El 4 Reinstatcd or 3 5 Transferred from El 6 Multidisuict [3 8 Multidisn'ict Proceeding State Court Appellate Court Reopened Another District Litigation Litigation (specifv) Transfer Direct File 29 U.S.C. 206, 207 Brief description of cause: Unpaid wages V1. CAUSE OF ACTION Cite the U.S. Civil Statute under which you are ?ling (Do not cite jurisdictional statutes unless diversity): APPLYING IFP V11. REQUESTED l3 CHECK IF THIS IS A CLASS ACTION DEMAM) 5 CHECK YES only if demanded in complaint: COMPLAINT: UNDER RULE 23. F-RCV-P- JURY DEMAND: )1 Yes RELATED cc instructions).- IF ANY JUDGE DOCKET NUMBER DATE SIGNATURE OF ATTORNEY OF RECORD ,1 0510112019 FOR OFFICE USE ONLY i/ nacam a AMOUNT mo?/ MAG. JUDGE Case Document 1-2 05/01/19 Page 10f2 A0 440 (Rev, 06/12) Summons in a Civil Action UNITED STATES DISTRICT COURT for the Middle District of Louisiana Malik Aleem Plaintij?s) v. Civil Action No. Cenikor Foundation, Inc. Defendant(s) SUMMONS IN A CIVIL ACTION T01 (Defendant?s name and address) cenikor Foundation? c/o George Mills, its Registered Agent 2414 Bunker Hill Drive Baton Rouge, La. 70808 A lawsuit has been ?led against you. Within 21 days after service of this summons on you (not counting the day you received it) or 60 days if you are the United States or a United States agency, or an of?cer or employee of the United States described in Fed. R. P. 12 or (3) you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney, whose name and address are: Charles Stiegler Stiegler Law Firm LLC 318 Harrison Ave., Suite 104 New Orleans, LA 70124 (504) 267-0777 If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court. CLERK OF COURT Date: Signature of Clerk 0r Deputy Clerk Case Document 1-2 05/01/19 Page20f2 A0 440 (Rev, 06/ 12) Summons in a Civil Action (Page 2) Civil Action No. PROOF OF SERVICE (This section should not be ?led with the court unless required by Fed. R. Civ. P. 4 This 8111111110113 for (name ofindividaal and title, ifany) was received by me on (date) El I personally served the summons on the individual at (place) on (date) or CI 1 left the summons at the individual?s residence or usual place of abode with (name) a person of suitable age and discretion who resides there, on (date) and mailed a copy to the individual?s last known address; or CI 1 served the summons on (name of individual) who is designated by law to accept service of process on behalf of (name aforganization) on (date) or El I returned the summons unexecuted because or Other (specify): My fees are 39 for travel and for services, for a total of 000 I declare under penalty of perjury that this information is true. Date: Server ?s signature Printed name and title Server ?s address Additional information regarding attempted service, etc: Case Document 1-3 05/01/19 Page 10f1 - .o . . CONSENT TO BECOME A PARTY PLAINTIFF Name: Malik Aleem I l. I consent and agree to join as a party plaintiff in the lawsuit filed against Cenikgr Foundation, Inc. in the Middle District ofLouisiana, seeking recovery ofovertime pay and unpaid wages. 2. I understand that this lawsuit is filed under the Fair Labor Standards Act and Louisiana state law as a collective action and hereby consent, agree, and opt-in to become a plaintiff herein and be bound by any judgment ofthe Court or any settlement of the action. . 3 I authorize the Stiegler Law Firm, LLC, the Chopin Law Firm LLC, and Mans?eld .2 5., Melancon, Cranmer Dick LLC to act as my attorneys in the above-titled action, along with any other attorneys who may be associated into this action as plaintiffs? counsel. 4. consent to having the Representative Plaintiff in the Complaint make decisions regarding the litigation, the manner and method ofconducting the litigation, the terms of any potential settlement (including the release of claims), and to entering into an agreement with counsel regarding attorney's fees and costs. 5. In the event that this matter is certified as a collective action and then decertified, I authorize the above-listed attorneys to use this Consent To Become a Party Plaintiffto re-file my claims individually in a separate or related action. Wm? May 1,2019 (Signature) (Date)