CASE NUMBER: Division: AB Filing 85018701 E-Filed 02/15/2019 03:51:32 PM IN THE CIRCUIT COURT OF THE IFTEENTH JUDICIAL OF THE STATE OF FLORIDA, IN AND FOR PALM BEACH COUNTY CASE NO.: MIRANDA KHAN, Plaintiff, vs. NEWSMAX, LLC, a Florida limited liability company Defendant. COMPLAINT MIRANDA KHAN, (?Plaintiff?) hereby sues NEWSMAX, LLC (?Newsmax?) and alleges as follows: INTRODUCTION 1. This is an action for unpaid overtime wages pursuant to the Fair Labor Standards Act (F LSA). 2. Plaintiff seeks damages within the jurisdictional limits of this court as well as the recovery of attorneys? fees and costs. JURISDICTION AND VENUE 3. Newsmax is a Florida limited liability company. 4. Newsmax conducts business in Palm Beach County, Florida. 5. Plaintiff was formerly employed by Newsmax in Palm Beach County, Florida. 6. Venue is proper in this Court because Newsmax business in Palm Beach County, Newsmax employed Plaintiff in Palm Beach County, and the claims arose within Palm Beach County. 1 Page PERERA BARNHART 12555 Orange Drive- Second Floor Davie, FL 33330 Phone (786) 485.5232 FILED: PALM BEACH COUNTY, FL, SHARON R. BOCK, CLERK, 02/15/2019 03:51:32 PM GENERAL ALLEGATIONS Newsmax And Its Business 7. NewsmaX is a conservative news network. 8. Newsmax offers news coverage throughout the United States both through its website and its television broadcasts. 9. NewsmaX has historically broadcasted its news coverage to millions of homes in the United States. 10. Recently, Newsmax entered into an agreement with Comcast under which NewsmaX would be available in another 10 million homes. 11. A few days ago, Newsmax announced that it has signed an agreement with Altice USA to launch its 24/7 cable news channel to Optimum and Suddenlink customers nationwide. 12. NewsmaX?s annual gross income signi?cantly exceeds the $500,000 annual income threshold set for enterprise coverage under the LSA. 13. NewsmaX, at all material and relevant times, was engaged in interstate commerce and subject to enterprise coverage under the LSA. 14. Newsmax represents that it is the ?nation?s fastest growing cable news channel.? Newsmax?s Tight Control Over Its Content 15. NewsmaX controls its on-air and website content to cater to its conservative viewing audience. 16. Executives at Newsmax are intimately involved in selecting the topics of news stories and how they are covered. Plaintiff?s Controlled Employment At Newsmax 17. Plaintiff became employed by Newsmax in or around April 2014. 2 Page PERERA BARNHART 12555 ORANGE DRIVE SECOND FLOOR - DAVIE, FLORIDA 33330 PHONE (786) 485.5232 18. Newsmax originally hired Plaintiff to do on-air top and bottom of the hours news hits. 19. Newsmax selected the news hits Plaintiff would speak on. 20. Thereafter, Plaintiff hosted broader news programs. 21. Newsmax, however, continued to control the content Plaintiff would speak on. 22. Prior to joining Newsmax, Plaintiff had substantial on-camera experience, particularly in the news industry. 23. Plaintiff, however, had never experienced the level of control she experienced at Newsmax. 24. While working for prior employers, Plaintiff was generally part of a collaborative environment that encouraged independent thought and ideas. 25. Newsmax had a much different environment. 26. Plaintiff was not allowed to exercise any significant level of creativity while at Newsmax. Plaintiff?s Unpaid Work Hours 27. While employed by Newsmax, Plaintiff customarily and regularly worked over forty (40) hours a week. 28. Plaintiff worked particularly long hours during the 2016 presidential election period. 29. Newsmax, however, never compensated Plaintiff at time-and-a-half her regularly rate of pay for all hours worked over forty (40) in a workweek. 30. Newsmax?s failure to pay Plaintiff overtime wages was a violation of the LSA. 3 Page PERERA BARNHART 12555 ORANGE DRIVE SECOND FLOOR - DAVIE, FLORIDA 33330 PHONE (786) 485.5232 OVERTIME VIOLATION AGAINST NEWSMAX UNDER THE FLSA 31. Plaintiff re-alleges and incorporates by reference the allegations in paragraphs 1 through 30 as if fully set forth herein. 32. Newsmax was Plaintiff? employer ass de?ned by 29 U.S.C. 203. 33. At all relevant times, NewsmaX employed two or more employees that customarily, continually, and regularly handled goods and materials that i) were purchased from a person or entity outside the state of Florida and/ or ii) were purchased in Florida but had previously traveled through interstate commerce. 34. Upon information and belief, Newsmax obtained and solicited funds from non- Florida sources, accepted funds from non?Florida sources, used telephonic transmissions going over state lines to do its business, transmitted funds outside the State of Florida, used electronic means to market and run their business in a way that was not limited to Florida, and otherwise regularly engaged in interstate commerce during the relevant period. 35. NewsmaX, upon information and belief, accepts checks, wire transfers, and other forms of payments that are made or processed outside the state of Florida, and did so during the relevant period. 36. Newsmax was engaged in interstate commerce and subject to the LSA during all relevant periods. 37. During Plaintiff?s employment with Newsmax, Plaintiff worked over forty (40) hours per week on numerous occasions. 38. Despite customarily and regularly working overtime hours, and with knowledge of these overtime hours, Newsmax never compensated Plaintiff at the rate of time-and-a-half for all overtime hours worked. 4 Page PERERA BARNHART 12555 ORANGE DRIVE SECOND FLOOR - DAVIE, FLORIDA 33330 PHONE (786) 485.5232 39. Newsmax intentionally refused to pay Plaintiff overtime wages she is owed under the LSA. 40. NewsmaX is in violation of the FLSA and owes Plaintiff backpay. 41. In addition, Newsmax is liable for double the overtime amounts owed as liquidated damages under the FLSA as a result of its intentional and willful violations for up to the three-year statute of limitations afforded by the FLSA. WHEREFORE, Plaintiff respectfully requests that the Court: a. b. Enter judgment against Newsmax under the Award Plaintiff actual damages for the unpaid wages; Award Plaintiff liquidated damages; Award Plaintiff attorneys? fees and costs; Award Plaintiff all recoverable interest; and Award any other relief this Honorable Court deems just and proper. JURY TRIAL Plaintiff hereby requests a trial by jury with respect to all claims so triable. 5 Page PERERA BARNHART 12555 ORANGE DRIVE SECOND FLOOR - DAVIE, FLORIDA 33330 PHONE (786) 485.5232 Dated: February 8, 2019 Respectfully submitted, By: J. reddv Perem J. Freddy Perera, Esq. Florida Bar No. 93625 freddv@pererabarnhart.com Valerie Barnhart, Esq. Florida Bar No. 88549 valerie@pererabarnhart.com Waynice Green, Esq. Florida Bar No. 116175 wavnice@pererabarnhart.com PERERA BARNHART, P.A. 12555 Orange Drive, Suite 268 Davie, Florida 33330 Telephone: 786-485-5232 Counsel for Plaintiff 6 a PERERA BARN HART 12555 ORANGE DRIVE - SECOND FLOOR - DAVIE, FLORIDA 33330 - PHONE (786) 485.5232