Olea v. Backyard Beverages LLC
4:22-cv-00273
N.D. Tex.Apr 6, 2022Background
- Plaintiff Joel Gonzalez Olea (Arlington, TX) alleges he worked as an administrative assistant for Backyard Beverages LLC and related entities/owners from July 2019 to November 2020.
- Defendants named: Backyard Beverages LLC; Bibere Beverages Inc.; Moore & Moore Ventures Inc.; David Casique Abaonza; Charles Moore — alleged joint employers and an enterprise subject to the FLSA.
- Plaintiff alleges a fixed monthly wage of $400, paid monthly, while routinely working ~46 hours/week (earlier) and ~51 hours/week (later); no overtime premium paid.
- Complaint alleges inadequate time records and willful FLSA violations; plaintiff seeks unpaid overtime ($22,646.58), liquidated damages, and attorneys’ fees (three-year period).
- Separate non-wage claims: defendants allegedly used plaintiff’s credit cards to incur ~$60,000 debt; plaintiff alleges only ~$30,000 has been repaid and brings breach of contract and, in the alternative, unjust enrichment claims for recovery >$30,000.
- Remedies sought: unpaid wages, liquidated damages, contract damages, unjust enrichment restitution, interest, attorneys’ fees, costs, and jury trial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| FLSA overtime liability | Plaintiff worked >40 hrs/wk, paid $400/mo, entitled to OT at 1.5x regular rate; seeks $22,646.58 unpaid OT + liquidated damages | Defendants would likely deny hours/pay miscalculation, dispute employer status or assert compliance/exemption | No ruling in this complaint—claim pleaded and pending |
| Willfulness / recordkeeping (liquidated damages) | Defendants failed to keep proper time records and acted willfully, supporting liquidated damages and 3-year statute | Defendants would likely deny willfulness, assert good-faith defense or accurate records; may dispute statute length | No ruling—alleged in complaint |
| Breach of contract (credit-card advances) | Defendants agreed to repay all sums advanced on plaintiff’s cards +15% interest within 30 days; indebtedness ~ $60,000; only ~$30,000 repaid | Defendants would likely challenge existence/terms of the alleged agreement, dispute amounts, or assert offsets/repayments | No ruling—contract claim pleaded |
| Unjust enrichment (alternative) | If contract unenforceable, defendants have been unjustly enriched by using plaintiff’s credit and should disgorge >$30,000 | Defendants would likely argue a valid contract governs payments or deny unjust enrichment elements | No ruling—alternative claim pleaded |
Key Cases Cited
- None cited in the complaint (no reported-case authorities are referenced).
