Case 9:09-cv-81165-WPD Document 1 Entered on FLSD Docket 08/13/2009 Page 1 of 6 09-CV-81165-Dimitrouleas-Snow August 12, 2009 1 of 6 Case Document 1 Entered on FLSD Docket 08/13/2009 Page 2 of 6 the jurisdiction of this Court. 4. This action is brought to recover from Defendants unpaid overtime compensation, liquidated damages, and the costs and reasonable attorney' fees of this action under the provisions ofthe FLSA, 29 U.S.C. ?216(b). 5. Jurisdiction is conferred on this Court by 28 U.S.C. ?1337 and by 29 6. At all times material to this Complaint, PROVEN METHODS SEMINARS, LLC d/b/a NATIONAL GRANTS CONFERENCES has had two (2) or more employees who have regularly sold, handled, or otherwise worked on goods and/or materials that had been moved in or produced for commerce. 7. Based upon information and belief, the annual gross sales volume of PROVEN METHODS SEMINARS, LLC d/b/a NATIONAL GRANTS CONFERENCES was in excess of $500,000.00 per annum at all times material hereto. 8. At all times material to this Complaint, PROVEN METHODS SEMINARS, LLC d/b/a NATIONAL GRANTS CONFERENCES was an enterprise engaged in interstate commerce or in the production of goods for commerce as defined by the FLSA, 29 U.S.C. ?203(s). 9. At all times material hereto, IRENE MILIN has owned, managed, and/or operated PROVEN METHODS SEMINARS, LLC d/b/a NATIONAL GRANTS CONFERENCES and regularly exercised the authority to hire and fire employees, determine the work schedules of employees, set the rate pay of employees, and control the finances and operations of PROVEN METHODS SEMINARS, LLC d/b/a NATIONAL GRANTS CONFERENCES. By virtue of such control and authority, IRENE MILIN is an employer of Plaintiff as such term is defined by the FLSA, 29 U.S.C. ?203(d). 2of6 (Ease Document 1 Entered on FLSD Docket 08/13/2009 Page 3 of 6 10. The additional persons who may become Plaintiffs in this action are Defendants' other non-exempt customer service employees who have worked in excess of Forty (40) hours during one or more work weeks on or after August 2006 but did not receive time and a half of their regular rate of pay for all of the hours they worked over Forty (40) in one or more work weeks. 11. Plaintiff regularly worked in excess of Forty (40) hours per week in one or more weeks during his employment with Defendants. 12. Likewise, the other employees similarly situated to Plaintiff have regularly worked in excess of Forty (40) hours in one or more work weeks during their employment with Defendants between August 2006 and the present. 13. However, Defendants did not pay time and one-half wages for all of the overtime hours worked by Plaintiff and the other employees similarly situated to him. 14. Based upon information and belief, Defendants failed to maintain records of the actual start times, actual stop times, actual hours worked each day, and total actual hours worked each week by Plaintiff and the other similarly situated employees. 15. The complete records concerning the compensation actually paid to Plaintiff and all other similarly situated employees are in the possession and custody of Defendants. COUNT I RECOVERY OF OVERTIME COMPENSATION 16. Plaintiff readopts and realleges the allegations contained in Paragraphs 1 through 15 above. 17. Plaintiff is entitled to be paid time and one-half of his regular rate of pay for each hour worked in excess of Forty (40) hours per work week. 3of6 Case Document 1 Entered on FLSD Docket 08/13/2009 Page 4 of 6 18. All similarly situated employees of Defendants are similarly owed their overtime rate for each overtime hour they worked and were not properly paid. 19. Defendants have knowingly and willfully failed to pay Plaintiff and the other employees similarly situated to him at time and one half of their regular rate of pay for all hours worked in excess of Forty (40) per week. 20. By reason of the said intentional, willful and unlawful acts of Defendants, all Plaintiffs (the named Plaintiff and those similarly situated to him) have suffered damages, plus incurring costs and reasonable attorneys' fees. 21. As a result of Defendants' willful violations of the Act, all Plaintiffs (the named Plaintiff and those similarly situated to him) are entitled to liquidated damages. 22. Plaintiff has retained the undersigned counsel to represent him in this action, and pursuant to 29 U.S.C. ?216(b), Plaintiff is entitled to recover all reasonable attorneys' fees and costs incurred in this action. 23. Plaintiff demands a jury trial. WHEREFORE, Plaintiff, CHARLES BALDWIN, and those similarly situated to him who have or will opt into this action, demands judgment, jointly and severally, against Defendants, PROVEN METHODS SEMINARS, LLC d/b/a NATIONAL GRANTS CONFERENCES and IRENE MILIN, for the payment of all overtime hours at one and one-half their regular rate of pay due them for the hours worked by them for which they have not been properly compensated, liquidated damages, reasonable attorneys' fees and costs of suit, and for all proper relief including prejudgment interest. glase Document 1 Entered on FLSD Docket 08/13/2009 Page 5 of 6 Dated: August 2009 Boca Raton, Florida Respectfully submitted, Keith M. Stern Florida Bar No. 321000 E-mail: kstern@shavitzlaw.com Michael L. Scheve Florida Bar N. 0033640 E-mail: mscheve@shaVitzlaw.com SHAVITZ LAW GROUP, P.A. 1515 S. Federal Highway, Suite 404 Boca Raton, Florida 33432 Telephone: (561) 447-8888 Facsimile: (561) 447-8831 Attorneys for Plaintiff Ca -81165-WPD (Rev. cv Docket 08/13/2009 Page 6 Of 6 The IS 44 civil cover sheetand the infonnation contained herein neither retplace nor sugplement the filing and service ofpleadings or other apers as reguired by law, except as provided by local rules of court. This form, approved by the Judicial Conference 0 the United tates in September 1974. is required for.t use oft Clerk of o_ui_'t for the purpose ofinitiating the civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.) NOTICE: Attorneys MUST Indicate All Re-filed Cases Below. I. PLAINTIFFS DEFENDANTS CHARLES BALDWIN, individually and on behalf of PROVEN METHODS SEMINARS, LLC, a Foreign Limited others similarly situated Liability Company, and IRENE MILIN, individually County of Residence of First Listed Plaintiff Palm Beach County of Residence of First Listed Defendant (EXCEPT IN us. PLAINTIFF CASES) (IN u.s. PLAINTIFF CASES ONLY) Atmmeyvs (Finn Adams, and Telephone Numb") NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT LAND INVOLVED. Shavitz Law Group, P.A. 1515 South Federal Hwy, Suite 404 Attorneys (lfKnown) Boca Raton, FL 33432 .9//65-we-Ass (II) Check County Where Action Arose: DADE MONROE BROWARD fl PALM BEACH Cl MARTIN Cl ST. LUCIE 13 INDIAN RIVER El OKEECHOBEE HIGHLANDS II. OF JURISDICTION (Place an in One Box Only) CITIZENSHIP OF PRINCIPAL an in One Box for Plaintiff (For Diversity Cases Only) and One Box for Defendant) U.S. Government fl 3 Federal Question PTF DEF PTF DEF Plaintiff (U.S. Govemment Not a Party) Citizen of This State Cl I Incorporated or Principal Place Cl 4 El 4 of Business In This State Cl 2 U.S. Government [3 4 Diversity Citizen of Another State C3 2 I3 2 Incorporated and Principal Place I3 5 CI 5 Defendant . . . . . . of Business In Another State (Indicate Citizenship of Parties in Item Citizen or Subject ofa Cl 3 CI 3 Foreign Nation [3 6 6 Foreign Country IV. SUIT ?Place an in One Box Only) CONTRACT TORTS FORFEITUREIPENA LTY KRUPT CY OTHER STATUTES I I I0 Insurance PERSONAL INJURY PERSONAL INJURY Cl 610 Agriculture Cl 422 Appeal 28 USC I58 El 400 State Reapportionment I20 Marine 3l0 Airplane Cl 362 Personal Injiny - El 620 Other Food Drug Cl 423 Withdrawal El 410 Antitrust Cl I30 Miller Act Cl 3l5 Airplane Product Med. Malpractice 625 Drug Related Seizure 28 USC I57 430 Banks and Banking CI 140 Negotiable Instrument Liability El 365 Personal Injury - of Property 2| USC 881 CI 450 Commerce CI 150 Recovery of Overpayment 320 Assault, Libel Product Liability Cl 630 Liquor Laws 460 Deportation Enforcement of Judgment Slander Cl 368 Asbestos Personal 640 R.R. Truck El 820 Copyrights 470 Racketeer Influenced and CI l5l Medicare Act CI 330 Federal Employers' Injury Product 650 Airline Regs. El 830 Patent Corrupt Organizations Cl 152 Recovery of Defaulted Liability Liability Cl 660 Occupational Cl 840 Trademark El 480 Consumer Credit Student Loans 340 Marine PERSONAL PROPERTY Safety/Health El 490 Cable/Sat TV (Excl. Veterans) 345 Marine Product El 370 Other Fraud 690 Other 0 8l0 Selective Service 153 Recovery of Overpayment Liability Cl 37l Truth in Lending LA EOR SOCIAL SECURITY I3 850 Securities/Commodities/' of Veteran's Benefits El 350 Motor Vehicle Cl 380 Other Personal I3 7 I0 Fair Labor Standards 861 I-IIA I395ff) Exchange CI 160 Stockholders' Suits [3 355 Motor Vehicle Property Damage Act 862 Black Lung (923) CI 875 Customer Challenge I3 190 Other Contract Product Liability 0 385 Property Damage 720 Labor/Mgint. Relations Cl 863 (405(g)) 12 USC 3410 El I95 Contract Product Liability 360 Other Personal Product Liability Cl 730 Labor/Mgmt.Reponing El 864 SSID Title XVI El 890 Other Statutory Actions CI 196 Franchise Injury Disclosure Act 865 RSI (405( CI 89l Agricultural Acts I REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 740 Railway Labor Act FEDERAL TAX SUITS Cl 392 Economic Stabilization Act 210 Land Condemnation El 44] Voting El 510 Motions to Vacate CI 790 Other Labor Litigation CI 870 Taxes (US. Plaintiff El 893 Environmental Matters CI 220 Foreclosure I3 442 Employment Sentence El 791 Einpl. Ret. Inc. or Defendant) CI 894 Energy Allocation Act 0 230 Rent Lease Ejectment Cl 443 Housing/ Habeas Corpus: Security Act Cl 871 lRS--Third Party 895 Freedom of Information El 240 Torts to Land Accommodations 530 General 26 USC 7609 Act Cl 245 Tort Product Liability El 444 Welfare El 535 Death Penalty Cl 900AppeaI of Fee Determination CI 290 All Other Real Property 0 445 Amer. w/Disabilities - Cl 540 Mandamus Other Under Equal Access Employment 0 550 Civil Rights to Justice 13 446 Amer. w/Disabilities - Cl 555 Prison Condition Cl 950 Constitutionality of Other State Statutes 440 Other Civil Rights V. ORIGIN (Place an in One Box Only) AP 681 to District . . . . Transferred from . . . ju ge from 1 Original Cl 2 Removed from 3 Re-fIIed- 4 Reinstated or 5 another district CI 6 Multidistrict 7 Ma istrate Proceeding State Court (see VI below) Reopened (Specify) Litigation Judgment a) Re-filed Case Cl YES 21 NO b) Related Cases YES UNO VI. . . (See i3struct)Ions DOCKET . con a Cite the U.S. Civil Statute under which you are tiling and Write a Briefstatement of Cause (Do not cite jurisdictional statutes unless diversity): CAUSE OF 29 USC 21 Action for Unpaid Overtime Wages ACTION LENGTH OF TRIAL via 3 days estimated (for both sides to try entire case) REQUESTED IN Ill CHECK IF THIS IS A CLASS ACTION DEMAND 15 CHECK YES only if demanded in complaint: COMPLAINT: UNDER F-R-C-P. 23 JURY DEMAND: Yes No ABOVE INFORMATION IS TRUE CORRECT TO SIGNATURE OF ATTORNEY OF RECORD DATE THE BEST OF MY KNOWLEDGE August 10, 2009 FOR OFFICE usfwv I 5 9 AMOUNT RECEIPT 9 IFP