Plaintiffs’ Motion to Amend the Complaint …show more content…
Plaintiff has admitted she was a “” document preparer” (Paragraph 33 Dkt. 28 Exhibit “A”) when in fact she was an unlicensed legal document preparer trainee; that she was “From the commencement of Plaintiff’s employment through approximately November 1, 2015, Plaintiff was compensated at a rate of $12 per hour (Paragraph 41 Dkt. 28 Exhibit “A”) that “From approximately November 1, 2015 through March 2016, Plaintiff was compensated on a case by case basis (Paragraph 42); that Plaintiff, in her own handwriting, acknowledged in a written document that she was “part time” and that she was to be paid $ for a six month period ( ). Plaintiff signed the document indicating her remuneration as an independent contractor and the non-permanent status of her engagement. The Amended language contained in proposed First Amended Complaint remains void of any “factual” data that any of Defendants’ were “employers” or engaged in “interstate commerce.” As such, the FLSA is inapplicable to the case at bar. The Amended Complaint is silent as to any evidence suggesting Plaintiff was in fact an employee, how Defendant AZLDS