Alvarado v. BAYSHORE GROVE MANAGEMENT, LLC

On Motion for Rehearing

SCHWARTZ, Senior Judge.

After oral argument on appellant’s motion for rehearing, the opinion of October 6, 2010, is vacated and the following is substituted in its place:

The plaintiff Alvarado was employed as a maintenance person in a commercial office building operated by the appellee, Bayshore Grove Management, LLC. After he was discharged allegedly for excessive tardiness and absenteeism, he brought this two count action under the Federal Labor Standards Act, 29 U.S.C. § 201 (“FLSA”), for unpaid overtime (Count I) and for unlawful discharge under the anti-retaliatory…