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Moran v. Al Basit LLC

United States Court of Appeals, Sixth Circuit

June 1, 2015

JEFFREY MORAN, Plaintiff-Appellant,
v.
AL BASIT LLC; AL GHANI LLC; ZAIN SYED, ZOHAIB SYED, Defendants-Appellees

Appeal from the United States District Court for the Eastern District of Michigan at Ann Arbor. No. 5:13-cv-13625--Judith E. Levy, District Judge.

ON BRIEF:

David A. Hardesty, GOLD STAR LAW, P.C., Troy, Michigan, for Appellant.

Kevin J. Campbell, THE ALLEN LAW GROUP, P.C., Detroit, Michigan, for Appellees.

Before: KEITH, CLAY, and STRANCH, Circuit Judges.

OPINION

Page 202

CLAY, Circuit Judge.

Plaintiff Jeffrey Moran appeals the district court's grant of summary judgment to Defendants Al Basit LLC, Al Ghani LLC, Zain Syed, and Zohaib Syed (collectively, " Defendants" ) on Plaintiff's claim that Defendants violated the Fair Labor Standards Act of 1938, 29 U.S.C. § 201, et seq. (" FLSA" ) by failing to properly compensate Plaintiff for overtime work.

For the reasons set forth below, we REVERSE the ruling of the district court granting summary judgment in favor of Defendants and REMAND the case for further proceedings consistent with this opinion.

BACKGROUND

Defendants own and operate two auto repair shops in Michigan. Both shops are called Auto Pro. One is located in Warren, Michigan, and the other is located in Troy, Michigan. Plaintiff was employed by Defendants as a mechanic at the Warren Auto Pro shop from July or August of 2011 until April 30, 2013. Defendant Zain Syed manages the Warren Auto Pro shop.

The parties disagree about the beginning date of Plaintiff's employment and the nature of his compensation. Plaintiff recalls beginning to work at the Warren Auto Pro in July of 2011, whereas Defendants contend that he began to work for them on August 17, 2011. Plaintiff claims that he and Defendant Zohaib Syed agreed that Plaintiff would be paid $300 per week in addition to " bonus type profit sharing," and that he would work six days a week during the store's hours of operation--the equivalent of fifty-eight hours a week. (R. 20-3, Moran Dep., Page ID # 418.) Defendants claim that Plaintiff was hired to work thirty hours per week for $300 weekly pay.

Plaintiff contends that, in practice, he worked an average of sixty-five to sixty-eight hours per week for the duration of his ...


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