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ERICK LARA, on his own behalf and on behalf of others similarly situated,
Plaintiff,
v.
QSGI GREEN,INC., a Delaware corporation, and HANK LAWS, individually, Defendants.
(..hereinafter collectively refened to as'oDefendants"), and brings this action for unpaid overtime
wages, and other relief under the Fair Labor Standards Act, as amended, 29 U.S'C. $ 216(b)'
l.
(b) (the Act).
damages, and costs and reasonable attorney's fees under the provisions
Z. 3. 4.
At all times material hereto, Plaintiff, ERICK LARA, was a resident of the State
Beach,
times
from its in material, Defendant was authorized to do business 1n the state of Florida, and did so
principal place of business in Palm Beach, Palm Beach County, Florida, which is within the jurisdiction of this Court.
5.
At all times material hereto, HANK LAWS, was and is an individual resident of
the State of Florida, who owns, manages, and/or operates QSGI GREEN, INC., and regularly
exercised the authority to hire and fire employees, determine the work schedules of employees,
set
the
1p1tepay
of employees, and control the finances and operations of QSGI GREEN, INC' By
virtue of such control and authority, HANK LAWS, is an employer as such term is defined by
the FLSA. 29 U.S.C. 201 et seq.
6.
Defendants, QSGI GREEN, INC. and HANK LAWS, directly or indirectly acted
in the interest of an employer toward Plaintiff and other similarly situated employees at all
material times, including without limitation directly
7.
At all times material to this Complaint, Defendant, QSGI GREEN, [NC., had two
(2) or more employees who regularly sold, handled, or otherwise worked on goods and/or
materials that had moved in or had been produced for interstate commerce.
8. g.
INC. was in excess of $500,000.00 per annum at all times material hereto'
At all times pertinent to this Complaint, Defendant, QSGI GREEN, INC. was an
10.
INC., was U.S.C. g 216(b). At all times pertinent to this Complaint, Defendant, QSGI GREEN,
an enterprise engaged
in interstate coflrmerce'
ll.
pursuant to 2g
Plaintiff has retained the undersigned counsel to represent him in this action.
fees and
12.
13.
fully
as
if
Plaintiff worked over forty (40) hours in a work week during multiple work
Plaintiff and other similarly situated employees were not paid time and one-half
of their regular rate of pay for all hours worked in excess of forty (40) hours per week during one
rate
18.
The additional persons who may become Plaintiffs in this action are Defendants
Air Conditioning Technicians, however titled, who on or after October 2009, were not paid their
overtime compensation because Defendants only paid them the piece rate compensation they
generated from the work they performed, with no additional compensation for the overtime hours
worked.
lg.
29
U.S.C. g20l-20g,in that Plaintiff and the other similarly situated employees performed services
for Defendants for which no provisions were made by the Defendants to properly pay them for
those hours worked in excess of forty (40) within a work week.
20.
The records,
if
compensation actually paid to Plaintiff and the similarly situated employees are in the possession
and custody of Defendants.
21.
half of their
week.
Plaintiff and the similarly situated employees are entitled to be paid time and oneregul
ar rate of pay for each hour worked in excess of forty (40) hours per work
22.
By
reason
Defendants,
Plaintiff and the similarly situated employees have suffered damages, plus incurred costs and
reasonable attomey's fees.
23.
As a result of Defendants' willful violation of the Act, Plaintiff and the other
similarly situated employees are entitled to liquidated damages. WHEREFORE, Plaintiff, ERICK LARA, and all other employees similarly situated,
demand judgment against Defendants, QSGI GREEN, INC. and
and
severally,
for
of
liquidated damages,
together with costs and attorney's fees pursuant to the FLSA and such other further relief as this Court deems just and proper, including trial by jury.
Ezo2
Camar R. Jones (Fla
!6r No.:
720291)
P, P.A. SHAVITZ LAW 1515 S. Federal Highway, Suite 404 Boca Raton, Florida 33432
l.
conseflt to
GEen EneryYMasters
ffi
2.
to seek , rrAloi ttt"ted entities and individu{1 i1-o1der U. s.c.$ 2160). standards Act, pursuant to 29
be a plaintiff in a launuit
against
Defe-ndant(s)'
redress
such the shavitz Law Group, P.A. !o represetme in bringing I agree to be titigation and settlement' claim, and to make decisions on my behalf c""*-i"g tt e Court]wtrettrei it is favorable or unfavorable' bormd by any adju6cation of this action bV the
I hereby designate
pot
r,tiity
3.
other also consent to join any other related action against Defendant(s) 9r. Form to be filed in ary ,"qpo*ibf" parties to assert *V tfui. and for this Consent
such action.
Erld<
tara
PrintName
6;-#i;i;;;i;f:ii;;};d;f;;;;J6';h;J'atiuiconr.'"n""oftheUnitedS.tatesins:eptimu?.|974,isrequiredforiheuseofthe.Cl -ilitTiaEr ltto"n.yi uuSr Indicate All Re'liled cases:'B!lo.*. the civl docket sheet. (sEE rNsrRucrroNs oN rHE REVERs;;;;;;il;;"*-
TheJS44civi|coversheetandtheinformationcontainedhereinneitherreplacenorsupplement.theflingandserviceofpleadingsorotherpap
I. (a) PLAINTIFFS
ERICK LARA, on his own behalf and others similarly situated,
DEFENDANTS
QSGI GREEN, INC., a Delaware corporation, and HANK LAWS'
E I individually
NoTE: lN LAND CoNDEMNATION
LAND INVOLVED.
CASES' USE THE LOCATIoN OF THE TRACT
(c)
Attorney's tFim
SHAVITZ LAW GROUP, P.A., l5l5 South Federal Highway, Suite 404, Boca Raton, FL 33432, (561) 447-8888
1oy
BRoWARD
PALM
BEACH O MARTIN O
ST.
LUCIE
O INDIAN
RIVER O
OKEECHOBEE HIGHLANDS
an'X"
III.
Govemmnt Plaintiff
16 3
CilizenofThisState
Citizen ofAnother
O
O
PTF I
DEF
PTF DEF o 4 04
O O 5 6 O A
O2
U.S. Govemment
Defeadant
A 4
State
O 2
O 3 ForeignNation
RE OF
o o
I
l0
Insuratrcc
o
o o
PERSONAL INJURY
O O O
Med' Malpractice
365 Personal InjurY P.oduct Liabilitv 368 Asbestos Pe$onal Injuty Product
0 O O
Cl
610 Agriculturc 620 Other Food & Drug 625 Drug Related Seizure 630 640 650 660
O O
O O O
Ct
Negotiablc Instlumcnt
Liability
O 320 Assault, Libel &
o
o
Ct
O O O O o o
o o o
50 Recovery ofOve.payment & EDforcement of Judgment l5l Mediaare Act 152 Recovary of Dcfaulted Studetrt Losos (Exal, Veterans) 153 Recovery ofOverpaymetrl ofVolersn's Bengfits 160 Stoakholders' Suits 190 Otber Cotrtract
195
CootractProduct Liability
Slandcr C, 330 Federal Employers' Liability 0 340 Marine O 345 Marine Product Liability O 350 Motor Vehicle O 355 Motor Vehicle Product Liability O 360 Other Personal tr
441 Votirg O 442 Employmont O 443 Housing/
Liability
O O D
ofProprty 2l USC 881 Liquor Laws R.R. & Truck Airline Regs'
Occupational Ssfety/Health
O O
Ct
PERSONAL PRoPERT
Cl
O O O o
370 Other F.sud 371 Truth in Lending 380 Other Pcrsooal Property Damage 385 Property Damage Product Liability
! O O
710 Fair Labor Standards 720 Labor/Mgmt. Relations 730 Labor/Mgmt.Rpo.ting & Disclosure Act 740 Railway Labor Act
o
O
861 HIA (l395ff) 862 Bl.ck Lung (923) 863 Dlwc/DIww (a05(s)) 864 sSlD Title XVI
490 Cable/Sat TV 8 l0 Slcctive SGryice 850 Securities/Commodities/ Exchang 875 Custome! Chslletrga 12 usc 3410 890 Orhr Statutory Actions
196 Fratrchise 210 220 230 240 245 Latrd Cotrdemtration Foreclosure Rert Laase & Ejectmlt Torts to Land Tort Product Liability
5
l0 Motioos to Vacate
Sgntence
870 Taxes (U.S. Plaintiff o. Defendant) 871 IRS-Thitd Party 26 USC 7609
O O 891 Agricultural Actr C, 892 Economic Stabiliz.iion Act C, 893 Environmetrtal Mstters O 894 Etrergy Alloc.tion Act D E95 Freedom of ltrfomation Act O
900 Appesl of Fce Detemitration Uoder Eaual Accass to JNtige
w/Disabilitics
n f, " d -
462 Nsturalization
Appltcalron
463 Habeas CorPus-Alien Detainee 465 Other Immigration 950 Constitutiomlity of State Statutes
Actions
s t ffg*ll,*
cAsE(s).
V. ORIGIN
(Place
D2
an'X"
Appeal to District
3
Removed
State Court
from
Ct
Re-filed(see VI below)
D 4
Reinstated Reopened
or O
D6
Multidistrict
Litigation
E 7 {*t"-Pr
VI. RELATED/RE-FILED
a) Re-filed Case
(See instructions socond page):
fl YES
O NO
b) Related Cases
0 YES
O NO
ruDGE
you are and
DOCKETNTJMBER ofCause
not
ststutes
diversity):
COMPLAINT:
ACTION
DEMAND
JURYDEMAND: YO
R
NO
.SIGNATURE OF ATTORNEY OF
DATE
October 25,2012
RECEIPT #
v.
QSGI GREEN, lNC., et al.
Defendant
SUMMONS IN A To:
(Defendant's name and address)
CIVL ACTION
QSGIGREEN, INC., Through its Registered Agent / ALAN BURGER 505 S. FLAGLER DRIVE, SUITE 3OO WEST PALM BEACH, FL 33401
Within
2l
SHAVITZ LAW GROUP, P.A. 1515 South Federal Highway, Ste.404 Boca Raton, Florida 33432 Telephone: (561) 447-8888; Facsimile: (561) 447-8831
If you fail to respond, judgment by default witl be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court.
CLERKOF COURT
Date:
Signature of Clerk or DeputY Clerk
Civil ActionNo.
PROOF OF SERVICE (This section should not belited with the court unless required by Fed R. Civ. P. a Q)
This summons fot
(name of individual and title, if any)
il il
;or
lnameS
I left the summons at the individual's residence or usual place of abode with
on (date)
, who is
;or
n
o
;or
My fees are $
a total
of$
0.00
Date:
Server's signature
Semer's address
AO
zMO
ERICK LARA
Plaintif
v.
QSGI GREEN, lNC., et al.
Defendant
SUMMONS IN A
CIVI
ACTION
Within
2l
Boca Raton, Florida 33432 Telephone: (561) 447-8888; Facsimile: (561) 447-8831
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court.
CLERKOF COURT
Date:
Signature of Clerk or Deputy Clerk
AO 440 (Rev.
Civil ActionNo.
PROOF OF SERVICE (This section should not beftled with the court unless required by Fed R. Civ. P. 4
This summons for
(name of individual and title,
(l)
if any)
;or
(name1
, a person of suitable age and discretion who resides there, , and mailed a copy to the individual's last known address; or
, who is
(name oforganization)
fl
;or
;or
il
My fees are $
a total
of$
0.00
Date:
Semer's signature
Semer's address