A former landscaping worker has accused his previous employer of failing to pay required overtime wages and violating both federal and state labor laws, according to a civil complaint filed in the United States District Court for the Western District of Michigan. The lawsuit was submitted on April 10, 2026, by Santiago Garcia Najar against Kramer J. Services, Inc., a domestic limited liability company operating as a landscaping service provider.
The complaint alleges that during his employment from May 2018 to November 2024, Garcia Najar regularly worked more than forty hours per week without receiving the legally mandated overtime pay. He claims that Kramer J. Services did not compensate him at one and one-half times his regular hourly rate for hours worked beyond forty in a workweek as required by the Fair Labor Standards Act (FLSA) and Michigan’s Improved Workforce Opportunity Wage Act (IWOWA).
According to the filing, Garcia Najar was generally scheduled to work Monday through Friday with occasional Saturdays depending on workload and seasonal demands. His typical workday began at approximately 7:30 a.m. and ended around 5:30 p.m., though there was no fixed end time if assigned work was not completed. The complaint outlines that during winter months he worked about 25 to 26 hours per week; in fall months about 42 to 45 hours; and from spring through early July up to approximately 75 hours per week.
Garcia Najar states he was hired as a crew member responsible for tasks such as cutting grass, laying mulch, raking leaves, plowing snow, and other seasonal duties assigned by Kramer J. Services. He reports being paid hourly—starting at $13 per hour and rising to $19 per hour by the end of his employment—but alleges that on at least one occasion he waited several months for payment of wages earned in November 2024.
The lawsuit asserts that “Defendants did not compensate Plaintiff at a rate of one and one-half times his regular hourly rate for all hours worked over forty (40) hours per week as required by the FLSA” as well as under IWOWA statutes. Garcia Najar further claims that Kramer J. Services knowingly disregarded these legal requirements despite being “a sophisticated business with the knowledge and expertise” regarding proper wage practices.
The complaint also accuses Kramer J. Services of failing to post minimum wage and overtime notices required under both Michigan state law and U.S. Department of Labor regulations. It is alleged that Garcia Najar did not have actual or constructive knowledge of his right or entitlement to an overtime premium due to misleading actions by the defendant.
Legal arguments presented include counts for violation of the Fair Labor Standards Act for failure to pay overtime (Count I), violation of Michigan’s Improved Workforce Opportunity Wage Act (Count II), breach of contract (Count IV), and unjust enrichment (Count V). Regarding breach of contract, Garcia Najar asserts that while he performed all services required under an agreement stipulating an hourly wage between $13.00 and $19.00, Kramer J. Services failed to uphold its end by not compensating him fully for all hours worked.
For unjust enrichment, the plaintiff argues that Kramer J. Services received valuable services which improved its value but failed to provide adequate compensation in return.
As relief from the court, Garcia Najar requests declarations that his rights were violated under both federal and state law; payment of unpaid wages along with an equal amount in liquidated damages; recovery of costs; reasonable attorney fees; incidental or consequential damages stemming from breach of contract; restitution for unjust enrichment; as well as any other relief deemed just or equitable by the court.
The complaint includes a demand for trial by jury pursuant to Rule 38 of the Federal Rules of Civil Procedure.
Attorneys representing Santiago Garcia Najar are Robert Anthony Alvarez (P66954) and Victor M. Jimenez Jr. (P85194) from Avanti Law Group PLLC based in Wyoming, Michigan. The case is identified as Case No. 1:26-cv-01183.
Source: 126cv01183_Santiago_Garcia_v_Kramer_J_Services_Complaint_Western_District_of_Michigan.pdf
