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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

FORT LAUDERDALE DIVISION 

Case No. 0:20-cv-60884

LIORBIS GONAZALEZ, individually

and on behalf of all others similarly situated;

Plaintiff, COLLECTIVE ACTION

REPRESENTATION

vs.

TWIN STONE DESIGNS AND INSTALLATION

INC.; MAYRA PARENTE, individually; and

PLINIO MEDINA, individually,

Defendants.

COLLECTIVE ACTION COMPLAINT

Plaintiff, Liorbis Gonzalez, individually and on behalf of himself all others similarly 

situated, upon personal knowledge as to himself, and upon information and belief as to other 

matters, alleges as follows: 

NATURE OF THE ACTION

1. This lawsuit seeks to recover overtime wage and other damages for Plaintiff and 

his similarly situated co-workers – installers, finishers, helpers, and other manual workers 

(hereinafter “Laborers”) who work or have worked at all Twin Stone Designs and Installation Inc. 

job sites over the last three years.

2. Owned and operated by Twin Stone Designs and Installation Inc., Mayra Parente, 

and Plinio Medina (collectively, “Twin Stone” or “Defendants”), Twin Stone is a multi-million 

dollar company that “specializes in all aspects of natural stone and tile.”1

1 See About Us: Twin Stone Website, available at https://www.twinstonemarble.com/aboutus.html (last accessed April 28, 2020).

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3. Based out of Hollywood, Florida, Twin Stone supplies natural stone and tile 

materials and installation services to construction projects throughout Florida and around the 

United States. In this regard, Twin Stone’s website describes that the company’s “prestigious 

developments are found today in Florida, Tennessee and Houston.”2

4. In addition to the production and fabrication of stone materials, Twin Stone’s 

website also touts its interior installation service: “Interior installations are at the core of Twin 

Stone. Installing over 6.5 millions square feet of flooring and wall coverings in the past 15 years . 

. . Twin Stone has an edge unparalleled by any other installation contractor.”3 Twin Stone also 

touts that “[t]ogether, with teams of up to 100 installers, we are able to handle any scope of work, 

allowing owners to position the perfect crews for each job. From 5-star hotels to celebrity homes, 

the capacity of Twin Stone’s interior department is unsurpassed.”4

5. To carry out their services, Twin Stone utilizes teams of Laborers who are assigned 

to various job sites in and outside of Florida. These Laborers are supervised by Twin Stone 

supervisors and are otherwise controlled by Twin Stone in all material aspects of their 

employment. 

6. For instance, Laborers apply for employment at Twin Stone’s central office. Upon 

hiring, Twin Stone assigns Laborers to specific job sites, supervises the work of Laborers on a 

daily basis through its supervisors, provides the materials necessary to perform the jobs assigned

and many of the tools necessary to do so, controls Laborers’ rates of pay, provides Twin Stone 

uniforms, receives and processes records of hours worked by its Laborers, and directly pays 

2 Id.

3 See Specialties: Twin Stone Website, available at

https://www.twinstonemarble.com/specialties.html (last accessed April 28, 2020).

4 Id.

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Laborers for their work performed.

7. As a result, Plaintiff and similarly situated Laborers are employees of Twin Stone 

under the FLSA.

8. Defendants paid Plaintiff and others similarly situated Laborers by either 

production (i.e. – by the square feet of material installed) or by the hour. 

9. Despite being non-exempt employees, Defendants have failed to properly pay 

Plaintiff and other Laborers overtime compensation at 1.5 times their regular rate of pay when they 

work over 40 hours per week. More specifically, Defendants pay Laborers “straight time” for their 

overtime hours worked.

10. Plaintiff brings this action on behalf of himself and similarly situated current and 

former Laborers who elect to opt in to this action pursuant to the Fair Labor Standards Act, 29 

U.S.C. §§ 201 et seq. (“FLSA”), and specifically, the collective action provision of 29 U.S.C. § 

216(b), to remedy violations of the wage-and-hour provisions of the FLSA by Defendants that 

have deprived Plaintiff and others similarly situated of their lawfully earned wages. 

THE PARTIES

Plaintiff

Liorbis Gonzalez

11. Gonzalez is an adult individual who is a resident of Miami-Dade County, Florida. 

12. Gonzalez was employed by Defendants from approximately January 2018 through 

June 2018, then again from October 2018 through January 2020. 

13. From January 2018 through June 2018, Gonzalez was assigned to Defendants’ job 

site located at the J.W. Marriott Nashville, 201 8th Avenue South, Nashville, Tennessee 37203. 

From approximately October 2018 through the end of his employment, Gonzalez was assigned to 

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Defendants’ job site located at the Seminole Hard Rock Hollywood Hotel & Casino, 1 Seminole 

Way, Davie, Florida 33314.

14. Gonzalez is a covered employee within the meaning of the FLSA.

15. A written consent form for Gonzalez is being filed contemporaneously with this 

Complaint. 

Defendants 

16. Defendants Twin Stone Designs and Installation Inc. have jointly employed 

Plaintiff and similarly situated employees at all times relevant. 

17. Each Defendant has had substantial control over Plaintiff and similarly situated 

employees’ working conditions, and over the unlawful policies and practices alleged herein. 

18. During all relevant times, Defendants have been Plaintiff’s employers within the 

meaning of the FLSA. 

Twin Stone Designs And Installation Inc.

19. Together with the other Defendants, Twin Stone Designs and Installation Inc. has 

owned and operated Twin Stone during the relevant time period. 

20. Twin Stone Designs and Installation Inc. is a domestic corporation organized and 

existing under the laws of Florida. It lists its principal and mailing address of 821 N. 21st Avenue, 

Hollywood, Florida 33020. It lists Mayra Parente as its registered agent and officer, and also lists 

Plinio Medina as an officer.

21. At all relevant times, Twin Stone Designs and Installation Inc. has maintained 

control, oversight, and direction over Plaintiff and similarly situated employees, including, but not 

limited to, hiring, firing, disciplining, timekeeping, payroll, and other employment practices.

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22. Based on information and belief, Twin Stone Designs and Installation Inc. owns 

and operates the business’ website, www.twinstonemarble.com, which provides information about 

the company, the company’s history, and information of services offered.

23. Twin Stone Designs and Installation Inc. applies the same employment policies, 

practices, and procedures to all Laborers across Twin Stone job sites, including policies, practices, 

and procedures with respect to payment of minimum and overtime wages. 

24. At all relevant times Twin Stone constituted an enterprise engaged in interstate 

commerce or in the production of goods for commerce as defined by the FLSA. Specifically, Twin 

Stone Designs and Installation Inc. has had an annual gross volume of sales in excess of $500,000

and employs more than 2 employees. Twin Stone Designs and Installation Inc. has also admitted 

in past litigation to having an annual gross volume of sales in excess of $500,000 and employing 

more than 2 employees. See Mancia v. Twin Stone Designs and Installations, Inc., No. 1:15-cv23376, ECF No. 1 ¶ 7, No. 7 ¶ 7 (S.D. Fla.).

Mayra Parente 

25. Upon information and belief, Mayra Parente (“Parente”) is a resident of the State 

of Florida.

26. At all relevant times, Parente has been a co-owner and co-operator of Twin Stone. 

In this regard, Parente is listed as the Registered Agent and an officer for Twin Stone Designs and

Installation, Inc. in the Florida Department of Corporation records. 

27. Parente maintains a direct and significant management role in Twin Stone. In this 

regard, Parente admits in past litigation that she “regularly exercised the authority to hire and fire 

employees, determine the work schedules of employees, set the rate of pay of employees, and 

controlled the finances and operations of Twin Stone, both directly and through Twin Stone’s 

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supervisors at various project sites . . . .” See Mancia v. Twin Stone Designs and Installations, 

Inc., No. 1:15-cv-23376, ECF No. 1 ¶ 11, No. 7 ¶ 11 (S.D. Fla.).

28. At all relevant times, Parente has had the power over payroll decisions at Twin 

Stone, including the power to retain time and/or wage records.

29. At all relevant times, Parente has been actively involved in managing the day to 

day operations of Twin Stone.

30. At all relevant times, Parente has had the power to stop any illegal pay practices 

that harmed Plaintiff and similarly situated employees at Twin Stone.

31. At all relevant times, Parente has had the power to transfer the assets and/or 

liabilities of Twin Stone.

32. At all relevant times, Parente has had the power to declare bankruptcy on behalf of 

Twin Stone.

33. At all relevant times, Parente has had the power to enter into contracts on behalf of 

Twin Stone.

34. At all relevant times, Parente has had the power to close, shut down, and/or sell 

Twin Stone.

35. Parente is a covered employer within the meaning of the FLSA, and at all relevant 

times, has employed and/or jointly employed Plaintiff and similarly situated employees. 

Plinio (Ignacio) Medina 

36. Upon information and belief, Plinio (Ignacio) Medina (“Medina”) is a resident of 

the State of Florida.

37. At all relevant times, Medina has been a co-owner and co-operator of Twin Stone. 

In this regard, Twin Stone’s website identifies Medina and “the Medina family” as owning and 

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operating Twin Stone. Specifically, the website states that “The Medinas personally oversee all 

aspects of the business, everything from design development, to material procurement, inspections, 

final installation through turn over. IT is why they take their business so personal!”5 

38. Medina maintains a direct and significant management role in Twin Stone. In this 

regard, Medina admits in past litigation that he “regularly exercised the authority to hire and fire 

employees, determine the work schedules of employees, set the rate of pay of employees, and 

controlled the finances and operations of Twin Stone, both directly and through Twin Stone’s 

supervisors at various project sites . . . .” See Mancia v. Twin Stone Designs and Installations, 

Inc., No. 1:15-cv-23376, ECF No. 1 ¶ 11, No. 7 ¶ 11 (S.D. Fla.).

39. At all relevant times, Medina has had the power over payroll decisions at Twin 

Stone, including the power to retain time and/or wage records.

40. At all relevant times, Medina has been actively involved in managing the day to 

day operations of Twin Stone.

41. At all relevant times, Medina has had the power to stop any illegal pay practices 

that harmed Plaintiff and similarly situated employees at Twin Stone.

42. At all relevant times, Medina has had the power to transfer the assets and/or 

liabilities of Twin Stone.

43. At all relevant times, Medina has had the power to declare bankruptcy on behalf of 

Twin Stone.

44. At all relevant times, Medina has had the power to enter into contracts on behalf of 

Twin Stone.

5 See About Us: Twin Stone Website, available at https://www.twinstonemarble.com/aboutus.html (last accessed April 28, 2020).

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45. At all relevant times, Medina has had the power to close, shut down, and/or sell 

Twin Stone.

46. Medina is a covered employer within the meaning of the FLSA, and at all relevant 

times, has employed and/or jointly employed Plaintiff and similarly situated employees.

JURISIDICTION AND VENUE

47. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331.

48. This Court also has jurisdiction over Plaintiff’s claims under the FLSA pursuant to 

29 U.S.C. § 216(b). 

49. In addition, this Court has supplemental jurisdiction over Plaintiff’s common law 

claims, pursuant to 28 U.S.C. § 1367(a), because those claims derive from a common nucleus of 

operative facts.

50. Venue is proper in the Southern District of Florida pursuant to 28 U.S.C. § 

1391(b)(1) because Defendants’ principal place of business is in this District. 

COLLECTIVE ACTION ALLEGATIONS

51. Plaintiff brings the First Cause of Action, an FLSA claim, on behalf of himself and 

all similarly situated persons who work or have worked as installers, finishers, helpers, and other 

manual workers (hereinafter “Laborers”) at Twin Stone job sites companywide from May 1, 2017

and the date of final judgment who elect to opt-in to this action (the “FLSA Collective”). 

PLAINTIFF’S FACTUAL ALLEGATIONS

52. Consistent with their policies and patterns or practices as described herein, 

Defendants harmed Plaintiff, individually, as follows:

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Liorbis Gonzalez 

53. Gonzalez was employed by Defendants from approximately January 2018 through 

June 2018, then again from October 2018 through January 2020. 

54. From January 2018 through June 2018, Gonzalez was assigned to Defendants’ job 

site located at the J.W. Marriott Nashville, 201 8th Avenue South, Nashville, Tennessee 37203. 

From October 2018 through the end of his employment, Gonzalez was assigned to Defendants’ 

job site located at the Seminole Hard Rock Hollywood Hotel and Casino, 1 Seminole Way, Davie, 

Florida 33314.

55. During his employment, Gonzalez generally worked the following scheduled 

hours, unless he missed time for vacation, sick days, and/or holidays, or was required to stay past 

his usual scheduled shift time:

(a) Between 5 to 7 days per week, consisting of work shifts lasting approximately 

8 to 10 hours in length, for an average of 55 hours per week.

56. Throughout his employment with Defendants, Defendants treated Gonzalez as a 

non-exempt employee, and failed to pay him time and a half for hours worked over forty in a week.

57. In this regard, during his time working in Nashville and in Florida through 

December 2018, Defendants paid Gonzalez on a piece rate basis, of approximately $2 to $3 per 

square foot of marble or tile installed at the job sites.

58. Beginning in January 2019, Defendants began to pay Plaintiff on an hourly basis –

specifically, $25 per hour. 

59. Throughout Plaintiff’s employment, Defendants controlled all material aspects of his 

employment. In this regard, Plaintiff applied for work at Twin Stone’s central office, Twin Stone 

controlled his job site assignments and schedules, Twin Stone directly and constantly supervised his 

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work at the job sites, and Twin Stone provided uniforms and other materials necessary for his work. 

Moreover, in or around October 2018, Plaintiff received paychecks directly from Twin Stone. 

60. Despite working over 40 hours and being a non-exempt employee, Defendants did 

not pay 1.5 times his regular rate of pay for all overtime hours worked.

FIRST CAUSE OF ACTION

Fair Labor Standards Act – Overtime Wages

(Brough on behalf of Plaintiff and the FLSA Collective)

61. Plaintiff, on behalf of himself and the FLSA Collective, realleges and incorporates 

by reference all allegations in all preceding paragraphs.

62. The overtime wage provisions set forth in the FLSA, 29 U.S.C. §§ 201 et seq., and 

the supporting federal regulations, apply to Defendants and protect Plaintiff and the FLSA 

Collective. 

63. Defendants failed to pay Plaintiff and the FLSA Collective the premium overtime 

wages to which they were entitled under the FLSA – at a rate of 1.5 times their regular rates of 

pay– for all hours worked beyond 40 per workweek. 

64. As a result of Defendants’ willful violations of the FLSA, Plaintiff and the FLSA 

Collective have suffered damages by being denied overtime compensation in amounts to be 

determined at trial, and are entitled to recovery of such amounts, liquidated damages, attorneys’ 

fees and costs, and other compensation pursuant to 29 U.S.C. §§ 201 et seq.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff, individually, and on behalf of all other similarly situated 

persons, respectfully requests that this Court grant the following relief:

A. That, at the earliest possible time, Plaintiff be allowed to give notice of this 

collective action, or that the Court issue such notice, to all Laborers who are presently, or have at 

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any time during the three years immediately preceding the filing of this suit, up through and 

including the date of this Court’s issuance of court-supervised notice, worked at any Twin Stone 

jobsite. Such notice shall inform them that this civil action has been filed, of the nature of the 

action, and of their right to join this lawsuit if they believe they were denied proper wages; 

B. Unpaid overtime wages, and an additional and equal amount as liquidated damages, 

pursuant to the FLSA and the supporting United States Department of Labor Regulations; 

C. Reasonable attorneys’ fees and costs of the action; and

D. Such other relief as this Court shall deem just and proper.

Dated: May 1, 2020

Respectfully submitted,

/s/ Armando A. Ortiz

Armando A. Ortiz

FITAPELLI & SCHAFFER, LLP

Joseph A. Fitapelli, pro hac motion forthcoming 

Armando A. Ortiz (FBN: 0102778)

28 Liberty Street 30th Floor

New York, New York 10005

Telephone: (212) 300-0375

Attorneys for Plaintiff and 

 the Putative Collective

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