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Dean v. F.P. Allega Concrete Construction Corp.

Case Summary: 13-cv-00962

Plaintiff James Dean, Jr. brought this action against his employer, Defendant Allega Concrete Construction. In his complaint, Plaintiff alleged (1) unpaid overtime in violation of the Fair Labor Standards Act (FLSA), (2) minimum wage violations, (3) promissory estoppel, and (4) unjust enrichment. With regards to the unpaid overtime claim, Plaintiff argued that Defendant misrepresented the number of overtime hours he worked by half and did not fairly compensate him for time spent loading and unloading trucks before and after projects.

This video shows the three-day jury trial beginning on March 19, 2014. After Plaintiff had presented its case, the court dismissed counts two, three, and four, but allowed the unpaid overtime claim to continue. On that count, the jury returned a verdict in favor of Plaintiff and awarded him $58.50. The court later awarded Plaintiff attorney fees and court costs of $26,892.51.

Case Highlights

  • Complaint filed 4/29/2013 (Doc #1)
  • Jury trial held 3/19-3/21/2014 (Doc #24-26)
  • Verdict and judgment for Plaintiff 3/26/2014 (Doc #27-28)
  • Order granting Plaintiff’s motion for attorney fees 7/16/2014 (Doc #26)

Case-related documents, including those referenced above, are available via the Public Access to Court Electronic Records (PACER) service. For more information, visit