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Case 9:10-cv-80944-JIC Document 1 Entered on FLSD Docket 08/10/2010 Page 1 of 3

UNITED STATES DISTRICT COURT


SOUTHERN DISTRICT OF FLORIDA
West Palm Beach Division

Case No.: __________________

MARCUS ABREGO, individually and


on behalf of all others similarly situated,

Plaintiff,
v.

BAKER LANDSCAPE CORPORATION,


a Florida corporation, and
MARK ALLEN BAKER, an individual

Defendants.
_______________________________________/

COMPLAINT

Plaintiff, Marcus Abrego, on his own behalf and on behalf of all others similarly situated,

sues Defendants, Baker Landscape Corporation, a Florida corporation, and Mark Allen Baker

(collectively “Defendants” unless otherwise noted), for violating the Fair Labor Standards Act,

29 U.S.C. § 216(b) (“FLSA”).

Parties, Jurisdiction, Venue, Facts, Etc.

1. Plaintiff, a resident of Lake Worth, Florida, was employed by Defendants. He was

a non-exempt employee within the meaning of the FLSA and was entitled to minimum and

overtime wages pursuant to the FLSA. See 29 U.S.C. § 206.

2. Defendants are all employers within the meaning of the FLSA.

3. Baker Landscape Corporation, is a Florida corporation that operates and does

business in Delray Beach, Florida. It is a landscaping business.

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Case 9:10-cv-80944-JIC Document 1 Entered on FLSD Docket 08/10/2010 Page 2 of 3

4. Mark Allen Baker is the owner of the corporate defendant and is an employer of

the Plaintiff within the meaning of the FLSA. He is the individual responsible for Plaintiff’s

wages. Upon information and belief, he is a resident of Delray Beach, Florida.

5. Throughout Plaintiff’s employment with the Defendants, Plaintiff regularly and

routinely worked in excess of 40 hours per week. He was paid $9.00 per hour and was only paid

“straight-time” for those hours in excess of 40.

6. Plaintiff’s counsel has reviewed Plaintiff’s time records but they do not accurately

match his pay stubs.

7. Plaintiff worked additional hours not listed on his time records.

8. The Defendants’ time records are inaccurate.

9. Many of the Defendants’ employees are undocumented immigrants who are far

less likely to come forward to complaint about illegal pay practices.

10. Jurisdiction is premised on 28 U.S.C. § 1331 (federal question jurisdiction)

11. Venue is proper because all of the facts and allegations that form the basis of this

Complaint occurred within Palm Beach County, Florida.

12. Upon information and belief, numerous employees of the Defendants were and

are being improperly denied wages in violation of the FLSA and Florida common law.

13. Plaintiff has retained counsel and is obligated to pay a fee for services rendered.

14. The parties engaged in presuit settlement discussions in a good faith effort to

resolve the matter without litigation, but the parties were unable to reach a solution.

Count I – Fair Labor Standards Act

15. Plaintiff incorporates paragraphs 1 – 14.

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Case 9:10-cv-80944-JIC Document 1 Entered on FLSD Docket 08/10/2010 Page 3 of 3

16. Plaintiff was a non-exempt employee within the meaning of the FLSA. He was

employed by the Defendants.

17. Defendants were and remain employers within the meaning of the FLSA.

18. Plaintiff worked for Defendants without proper compensation. Specifically,

Defendants paid the Plaintiff only straight time for all hours worked in excess of forty and also

failed to pay a minimum wage for uncompensated hours worked less than 40 per week.

19. Defendants’ violation of the FLSA was willful and intentional.

20. Plaintiff is entitled to an award of back pay and liquidated damages equal to the

amount of the back pay.

Demand for Jury Trial

Plaintiff demands a trial by jury on all issues so triable.

Prayer for Relief

Plaintiff prays that this Court enter judgment in his favor against Defendants, Baker

Landscape Corporation, and Mark Allen Baker (jointly and severally) and award monetary

damages for back pay, liquidated damages, reasonable attorneys’ fees and costs and any other

relief this Court deems appropriate.

Dated: August 10, 2010

Respectfully submitted,

___/s/ Matthew Sarelson_________


Matthew Seth Sarelson, Esq.
Fla. Bar No. 888281
SARELSON LAW FIRM, P.A.
1401 Brickell Avenue, Suite 510
Miami, Florida 33131
305-379-0305
800-421-9954 (fax)
msarelson@sarelson.com
Counsel for Plaintiff
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