Singh
Singh v. Jutla & C.D. & R's Oil, Inc.
Opinion
Opinion
Breyer, J.
MEMORANDUM AND ORDER
Plaintiff filed a claim with this Court under the Fair Labor Standards Act’s (“FLSA”) anti-retaliation provisions and the California Labor Code. Now before the Court is defendants’ motion to dismiss. After carefully considering the papers filed by the parties, and having had the benefit of oral argument, the Court hereby DE NIES the motion to dismiss for the reasons set forth below.
BACKGROUND
As alleged, defendant Jutla recruited plaintiff, Macan Singh, to come work for him in the United States. Jutla promised plaintiff a place to live, tuition for education, and that plaintiff would eventually become Jutla’s business partner in his corporation, C.D. & R’s Oil Inc. Plaintiff, in the United States illegally, worked for Jut-la from approximately May 1995 to February 1998 and received no pay.
On January 6, 1999 plaintiff filed a wage claim against defendants with the California Department of Industrial Relations (“Labor Commissioner”), pursuant to section 98 of the California Labor Code. Plaintiff sought unpaid wages and overtime pay for work actually performed. After plaintiff filed the claim, Jutla threatened to report him to the Immigration and…