Case 9:12-cv-81185-RNS Document 1 Entered on FLSD Docket 10/25/2012 Page 1 of 5

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

Case No.:

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.

COMPLAINT plaintiff, ERICK LARA (hereinafter referred to as "Plaintiff'), was an employee of

Defendants, QSGI GREEN, [NC., a Delaware corporation, and

HANK LAWS, individually,

(..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).

This action is brought to recover from Defendants overtime wages, liquidated

damages, and costs and reasonable attorney's fees under the provisions

of Title 29 U.S.C' $ 216

Z. 3. 4.

At all times material hereto, Plaintiff, ERICK LARA, was a resident of the State

of Florida and an "employee" of Defendants as defined by the FLSA.

plaintiff performed his duties as a non-exempt Installer in West Palm

Beach,

Palm Beach County, Florida.

Defendant, QSGI GREEN, INC., ls

a Delaware corporation. At all

times

from its in material, Defendant was authorized to do business 1n the state of Florida, and did so

Case 9:12-cv-81185-RNS Document 1 Entered on FLSD Docket 10/25/2012 Page 2 of 5

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

or indirectly controlling the terms of

employment and compensation of Plaintiff and others similarly situated.

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.

Based upon information and

beliel the annual gross revenue of QSGI GREEN'

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

defined in $$ enterprise engaged in commerce or in the production of goods for commerce as

3(r) and 3(s) of the Act,29 U.S.C. $ 203(r) and 203(s)'

10.

Jurisdiction is conferred on this Court by Title 28 U.S.C. $ 1337 and by Title 29

INC., was U.S.C. g 216(b). At all times pertinent to this Complaint, Defendant, QSGI GREEN,
an enterprise engaged

in interstate coflrmerce'

Case 9:12-cv-81185-RNS Document 1 Entered on FLSD Docket 10/25/2012 Page 3 of 5

ll.
pursuant to 2g

Plaintiff has retained the undersigned counsel to represent him in this action.

u.s.c. s216(b), plaintiff is entitled to recover all reasonable attorney's

fees and

costs incurred in this action

12.

Plaintiff demands ajurY trial. COUNT II RECOVERY OF OVERTIME WAGES

13.
fully

Plaintiff realleges all allegations contained in paragraphs I through 13 above

as

if

set forth herein.

14. 15. 16. 17.

During Plaintiff s employment, he worked as a non-exempt Installer.

Plaintiff was compensated on a piece rate basis'

Plaintiff worked over forty (40) hours in a work week during multiple work

weeks during his employment.

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

or more work weeks because

Defendants only compensated them

with the piece

rate

compensation they generated from the work they performed'

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.

At all times pertinent to this Complaint, Defendants failed to comply with

29

U.S.C. g20l-20g,in that Plaintiff and the other similarly situated employees performed services

Case 9:12-cv-81185-RNS Document 1 Entered on FLSD Docket 10/25/2012 Page 4 of 5

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

any, conceming the number of hours actually worked, and the

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

of the said intentional, willful and unlawful acts of

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

HANK LAWS, jointly

and

severally,

for

compensatory damages, an additional equal amount

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.

Dated: octoaer Boca Raton. Hdrida

Ezo2
Camar R. Jones (Fla

!6r No.:

720291)

P, P.A. SHAVITZ LAW 1515 S. Federal Highway, Suite 404 Boca Raton, Florida 33432

Telephone: 56 I -447-8888 Facsimile: 561-447 -8831

Case 9:12-cv-81185-RNS Document 1 Entered on FLSD Docket 10/25/2012 Page 5 of 5

CONSENT TO JOIN F'ORM

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

Case 9:12-cv-81185-RNS Document 1-1 Entered on FLSD Docket 10/25/2012 Page 1 of 1

\JS 44
(Rev.2/08)

CIVIL COVER SHEET

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

Name, Address, and Telephone Number)

SHAVITZ LAW GROUP, P.A., l5l5 South Federal Highway, Suite 404, Boca Raton, FL 33432, (561) 447-8888

Attomeys (If Known)

1oy

Check County Where Action

fuose; o MIAMI- DADE o MoNRoE o

(Place

BRoWARD

PALM

BEACH O MARTIN O

ST.

LUCIE

O INDIAN

RIVER O

OKEECHOBEE HIGHLANDS

II. BASIS OF JURISDICTION

O I
U,S.

an'X"

in onc Box onlv)

III.

CITIZENSHIP OF PRINCIPAL PARTIEStptuce an "x(For Diversity Cases OnlY)

in otrc Box for Plaitrtiff and One Box for Dcfetrdant)

Govemmnt Plaintiff

16 3

Federal Question (U.S. Govemment Not a Pa.ty)

CilizenofThisState
Citizen ofAnother

O
O

PTF I

DEF

lncorporsted o/ Princip.l Plsce ofBusiness ln This Staie

Incorporated ard Principal Pl&ce of BusiDess In Arothr Statc

PTF DEF o 4 04
O O 5 6 O A

O2

U.S. Govemment
Defeadant

A 4

Divetsity (Indicaie Citizenship of Pa.tis in ltem III)

State

O 2

Citizen or Subjeot ofa

O 3 ForeignNation

RE OF
o o
I

l0

Insuratrcc

o
o o

120 Marin 130 Millcr Act

140
I

PERSONAL INJURY O 310 Airplane O 315 Airplare Product

PERSONAL INJURY

O O O

362 Personal Inju.y -

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

422 Appeal 28 USC 158

423 Withdrawal 28 USC 157

O O O
Ct

400 Statc Re8pportionment 410 430 450 460 470

Antitrust Banls and Banking

Commcrce

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

820 Copyrights 830 Pateot 840 Trademark

Ct

Depoilstion Racktccr Iolluencad and Conupt Orgrlizstions 480 Consumcr Credit

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

O O 790 Othe. Labo. Litigation O 791 Empl. Rt. Inc. S

Act

290 AII Other Re.l Property

Accommodations O 444 Welfare fl 445 Amer. w/Disabilities

Habeas Corpus: 530 Genenl

535 Death Pnalty 540 Matrdamus & 550 Civil Rights 555 Prison Cotrdition

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

- Employment a 446 Amer. " other

w/Disabilitics

D 440 Othr Civil Rights

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"

itr Otre Box Only)

Appeal to District
3

Removed

State Court

from

Ct

Re-filed(see VI below)

D 4

Reinstated Reopened

or O

Transferred from another district

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):

VII. CAUSE OF ACTIO VIII.

REQUESTED IN

29 USC 216(b)- Action For Unpaid Overtime Wages

LENGTTI OF TRLAL via days estimated (for both sides to try entire case)

COMPLAINT:

CHECK IF THIS IS A CLASS UNDER F.R.C.P. 23 -

ACTION

DEMAND

CHECK YES only if demanded in complaint:

JURYDEMAND: YO
R

NO

ABOVE INFORMATION IS TRUE & CORRECT TO TIIE BEST OFMY KNOWLEDGE

.SIGNATURE OF ATTORNEY OF

DATE

October 25,2012
RECEIPT #

Case 9:12-cv-81185-RNS Document 1-2 Entered on FLSD Docket 10/25/2012 Page 1 of 2

AO zl40 (Rev. l2l09) Summons in a Civil Action

Uwrrpt SrarBs Dtsrrucr CoURT

for the

Southem District of Florida

ERICK LARA Plaintiff

v.
QSGI GREEN, lNC., et al.
Defendant

Civil Action No.

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

A lawsuit has been filed against you.

or 60 days if you days after service of this summons on you (not counting the day you received it) of the United States described in Fed. R. Civare the United States or a United States agency, or an offrcer or employee p.lZ (a)(2) or (3) you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the FediraiRules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attomey,

Within

2l

whose name and address

are: Camar R. Jones, Esq.

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

Case 9:12-cv-81185-RNS Document 1-2 Entered on FLSD Docket 10/25/2012 Page 2 of 2

AO 440 (Rev. 12109) Summons in a Civil Action (Page 2)

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)

was received by me on (date)

il il

I personally served the summons on the individual at (place)

on (date)

;or
lnameS

I left the summons at the individual's residence or usual place of abode with

, a person of suitable age and discretion who resides there,

on (date)

, and mailed a copy to the individual's last known address; or

of individual)

I served the summons ort (name

, who is

designated by law to accept service of process on behalf of fuame of organization) on (date)

;or

n
o

I returned the summons unexecuted because

Other (specifu):

;or

My fees are $

for travel and $

for services, for

a total

of$

0.00

I declare under penalty of perjury that this information is true'

Date:
Server's signature

Printed name and title

Semer's address

Additional information regarding attempted service, etc:

Case 9:12-cv-81185-RNS Document 1-3 Entered on FLSD Docket 10/25/2012 Page 1 of 2

AO

zMO

(Rev. l2l09) Summons in a Civil Action

UNrrpo Srares DIsrrucr CoURT

for the

Southern District of Florida

ERICK LARA

Plaintif
v.
QSGI GREEN, lNC., et al.
Defendant

Civil Action No.

SUMMONS IN A

CIVI

ACTION

TO: (Defendant's name and address) HANK LAWS, INDIVIDUALLY

4OO

ROYAL PALM WAY, SUITE 302 PALM BEACH, FL 33480

A lawsuit has been filed against you.

or 60 days if you days after service of this summons on you (not counting the day you received it) States described in Fed. R. Civ. are the United States or a United States agency, or an officer or employee of the United you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of P. 12 (a)(2) or (3) the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff s attorney, whose name and address are: Camar R. Jones, Esq. SHAVITZ LAW GROUP, P.A. 1515 South Federal Highway, Ste.404

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

Case 9:12-cv-81185-RNS Document 1-3 Entered on FLSD Docket 10/25/2012 Page 2 of 2

AO 440 (Rev.

l2l09) Summons in a Civil Action (Page2)

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)

was received by me on(date)

I personally served the summons on the individual at (place)

on (date)

;or
(name1

O I left the summons at the individual's

on (date)

residence or usual place of abode with

, 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

I served the summons ort (nane of individual)

on (date)

designated by law to accept service ofprocess on behalfof

;or

I returned the summons unexecuted because

Other (specify):

;or

il

My fees are $

for travel and $

for services, for

a total

of$

0.00

I declare under penalty of perjury that this information is true.

Date:
Semer's signature

Printed name and title

Semer's address

Additional information regarding attempted service, etc: