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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

CASE NO.:

ANA M. CUGAT,

and other similarly situated individuals,

Plaintiff (s),

v.

SERVING IMMIGRANTS INC

and MAGDALENA CUPRYS, individually

Defendants,

_____________________________________/ 

COMPLAINT

(OPT-IN PURSUANT TO 29 U.S.C § 216(b)

COMES NOW the Plaintiff ANA M. CUGAT and other similarly situated 

individuals, by and through the undersigned counsel, and hereby sues Defendants

SERVING IMMIGRANTS INC, and MAGDALENA CUPRYS, individually, and alleges:

JURISDICTION VENUES AND PARTIES

1. This is an action to recover money damages for unpaid minimum and overtime 

wages, under the laws of the United States. This Court has jurisdiction pursuant to

Title 28 U.S.C. § 1337 and the Fair Labor Standards Act, 29 U.S.C. § 201-219 

(Section 216 for jurisdictional placement) (“the Act”).

2. Plaintiff ANA M. CUGAT is a resident of Dade County, Florida. The Plaintiff

was a covered employee for purposes of the Act.

3. Defendant SERVING IMMIGRANTS INC (hereinafter SERVING 

IMMIGRANTS or corporate Defendant) is a Florida corporation doing business in 

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Dade County, within the jurisdiction of this Court. At all times material hereto,

Defendant was and is engaged in interstate commerce. 

4. The individual Defendant MAGDALENA CUPRYS Esq. was and is now the 

owner/partner/officer and practicing lawyer of Defendant Corporation SERVING 

IMMIGRANTS. Defendant MAGDALENA CUPRYS is the employer of Plaintiff 

and others similarly situated within the meaning of Section 3(d) of the “Fair Labor 

Standards Act” [29 U.S.C. § 203(d)].

5. All the actions raised in this complaint took place in Dade County Florida, within 

the jurisdiction of this Court.

ALLEGATIONS COMMON TO ALL COUNTS

6. This cause of action is brought by Plaintiff as a collective action to recover from 

the Defendants regular and overtime compensation liquidated damages, and the 

costs and reasonable attorney’s fees under the provisions of Fair Labor Standards 

Act, as amended, 29 U.S.C. § 201 et seq (the “FLA or the “ACT”) on behalf of 

Plaintiff, and all other current and former employees similarly situated to Plaintiff 

(“the asserted class”) who were not paid minimum wages, or/and worked in excess 

of forty (40) hours during one or more weeks on or after September 2019, (the 

“material time”) without being compensated pursuant to the FLSA.

7. Corporate Defendant SERVING IMMIGRANTS is a corporation providing legal 

services to Dade County. 

8. At all times material hereto, Plaintiff and all the similarly situated employees were 

performing their duties for the benefit of and on behalf of the Defendants.

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9. The asserted class for this collective action includes all current and former

employees similarly situated to Plaintiff, performing non-exempted duties as

paralegals in furtherance of the business of Defendants, and who were not paid 

minimum wages and/or worked in excess of forty (40) hours during one or more 

workweeks within the material time (the "asserted class")

10. Defendants SERVING IMMIGRANTS and MAGDALENA CUPRYS employed 

Plaintiff ANA M. CUGAT as a paralegal from approximately September 19, 2019, 

through November 26, 2019, or 10 weeks. 

11. The Plaintiff was a non-exempted, full-time, hourly employee working more than 

40 hours in a week period. During the relevant period, Plaintiff was paid an hourly 

rate of $16.00 an hour. Plaintiff’s overtime rate should be $24.00 an hour.

12. Plaintiff worked 5 days from Monday to Friday, from 8:30 AM to 5:30, 6:00, and 

sometimes 7:00 PM. Plaintiff took 1 hour as a lunch break.

13. Plaintiff worked in excess of 40 hours, she was paid for 40 regular hours, but she 

was not paid for overtime hours.

14. Plaintiff did not clock in and out, but Defendants were in control of Plaintiff’s 

schedule, and they were able to monitor the hours worked by the Plaintiff and other 

similarly situated individuals.

15. Therefore, Defendant willfully failed to pay Plaintiff overtime hours at the rate of 

time and one-half her regular rate for every hour that she worked in excess of forty 

(40), in violation of Section 7 (a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 

207(a)(1).

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16. On or about November 26, 2019, Plaintiff resigned from her position with 

Defendants to pursue better employment opportunities. However, at the time of her 

resignation, Defendants denied Plaintiff the payment of 2 weeks of work. Later, 

Defendants made a partial payment, but they never paid the Plaintiff the remaining 

working hours. Defendants did not compensate Plaintiff for at least 59 working 

hours.

17. Therefore, Defendants failed to pay Plaintiff at least minimum wages for every hour 

worked, as required by the Fair Labor Standards Act. 

18. Plaintiff and other similarly situated individuals were paid bi-weekly with checks 

without any paystubs or records showing the number of days and hours worked, the 

wage-rate paid, or the employment taxes withheld.

19. Plaintiff and other similarly situated individuals did not clock-in and out, but

Defendants were able to keep track of the hours worked by Plaintiff and other 

similarly situated individuals.

20. The records, if any, concerning the number of hours worked by Plaintiff and all 

other employees in the asserted class, and the compensation actually paid to such

employees should be in the possession and custody of Defendants. However, upon 

information and belief, the Defendants did not maintain accurate and complete time 

records of hours worked by the Plaintiff and all other employees in the asserted 

class.

21. At all times pertinent to this Complaint, Defendants failed to comply with Title 29

U.S.C. §§ 201-209 in that Plaintiff and those employees similarly situated 

performed services and labor for Defendants for which Defendants made no 

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provision to pay Plaintiff and the other employees in the asserted class the 

compensation to which they were lawfully entitled to all of the hours worked in 

excess of forty within a workweek.

22. At the times mentioned, individual Defendant MAGDALENA CUPRYS Esq. was

the owner/partner and lawyer in control of SERVING IMMIGRANTS. Defendant

MAGDALENA CUPRYS was the employer of Plaintiff and others similarly

situated within the meaning of Section 3(d) of the “Fair Labor Standards Act” [29 

U.S.C. § 203(d)]. In that, this individual Defendant acted directly in the interests of 

SERVING IMMIGRANTS in relation to its employees, including Plaintiff and 

others similarly situated. Defendant MAGDALENA CUPRYS had absolute 

financial and operational control of the Corporation, determining terms and 

working conditions of Plaintiff and other similarly situated employees, and she is 

jointly and severally liable for the Plaintiff and the asserted class’ damages. 

23. Plaintiff is not in possession of time and payment records, and it would be difficult 

for her to provide a good faith estimate before proper discovery.

24. The Plaintiff ANA M. CUGAT seeks to recover unpaid minimum and overtime

wages that never were paid to her at the mandatory rate of time and a half her

regular rate, liquidated damages, and any other relief as allowable by law. 

25. The Plaintiff has retained the law offices of the undersigned attorney to represent 

her individually, and on behalf of the asserted class, and incurred attorney’s fees 

and costs in bringing this action. Pursuant to 29 U.S.C § 216 (b), Plaintiff is entitled 

to recovery of reasonable attorney’s fees and costs. 

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COUNT I:

WAGE AND HOUR FEDERAL STATUTORY VIOLATION; 

FAILURE TO PAY OVERTIME; AGAINST ALL DEFENDANTSS

26. Plaintiff ANA M. CUGAT re-adopts every factual allegation as stated in 

paragraphs 1-25 above as if set out in full herein. 

27. At all times pertinent to this Complaint, Defendant SERVING IMMIGRANTS was 

an enterprise engaged in interstate commerce or in the production of goods for

commerce as defined in § 3(r) and 3(s) of the Act, 29 U.S.C. §§ 203(r) and 203(s). 

The annual gross sales volume of the corporate Defendant was in excess of 

$500,000.00 per annum. Alternatively, Plaintiff and those employees similarly 

situated worked in interstate commerce to fall within the protections of the Act.

28. Plaintiff is entitled to be paid time and one-half of the Plaintiff's regular rate of pay

for each hour worked in excess of forty (40) hours per workweek. All similarly 

situated employees (comprising the members of the asserted class) are similarly 

owed their overtime rate for each overtime hour they worked and were not properly 

paid.

29. At all times material, the Employers/Defendants failed to comply with Title 29 

U.S.C. §§ 201-219 and 29 C.F.R. § 516.2 and § 516.4 et seq. In that, Plaintiff and 

those similarly-situated performed services and worked in excess of the maximum 

hours provided by the Act but no provision was made by the Defendants to properly 

pay them at the rate of time and one half for all hours worked in excess of forty 

hours (40) per workweek as provided in said Act.

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30. The records, if any, concerning the number of hours worked by Plaintiff and all 

other employees in the asserted class, and the compensation actually paid to such

employees should be in the possession and custody of Defendants. However, upon 

information and belief, the Defendants did not maintain accurate and complete time 

records of hours worked by the Plaintiff and all other employees in the asserted 

class.

31. The Defendants violated the record-keeping requirements of FLSA, 29 CFR Part 

516.

32. Defendants never posted any notice, as required by the Fair Labor Standards Act 

and Federal Law, to inform employees of their federal rights to overtime and 

minimum wage payments. Defendants violated the Posting requirements of 29 

U.S.C. § 516.4.

33. By reason of the said intentional, willful, and unlawful acts of Defendants, Plaintiff 

and the similarly situated employees in the asserted class have suffered damages 

plus incurring costs and reasonable attorney’s fees.

34. As a result of Defendants' willful violation of the Act, Plaintiff and those similarly

situated to Plaintiff are entitled to liquidated damages.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff ANA M. CUGAT and those similarly situated respectfully 

requests that this Honorable Court: 

A. Enter judgment for Plaintiff and other similarly situated and against the 

Defendants SERVING IMMIGRANTS and MAGDALENA CUPRYS, based 

on Defendants’ willful violations of the Fair Labor Standards Act, 29 U.S.C. § 

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201 et seq.; and

B. Award Plaintiff ANA M. CUGAT actual damages in the amount shown to be 

due for unpaid wages and overtime compensation for hours worked in excess 

of forty weekly, with interest; and

C. Award Plaintiff an equal amount in double damages/liquidated damages; and

D. Award Plaintiff reasonable attorneys' fees and costs of suit; and 

E. Grant such other and further relief as this Court deems equitable and just and/or 

available pursuant to Federal Law. 

JURY DEMAND

Plaintiff ANA M. CUGAT and those similarly situated demand trial by a jury of all issues 

triable as of right by a jury.

COUNT II:

F.L.S.A. WAGE AND HOUR FEDERAL STATUTORY VIOLATION: 

FAILURE TO PAY MINIMUM WAGE; AGAINST ALL DEFENDANTS

35. Plaintiff ANA M. CUGAT re-adopts every factual allegation as stated in 

paragraphs 1-25 of this complaint as if set out in full herein.

36. At all times pertinent to this Complaint, Defendants SERVING IMMIGRANTS

was an enterprise engaged in interstate commerce or in the production of goods for

commerce as defined in § 3(r) and 3(s) of the Act, 29 U.S.C. §§ 203(r) and 203(s). 

The annual gross sales volume of the corporate Defendants was in excess of 

$500,000.00 per annum. Alternatively, Plaintiff and those employees similarly 

situated worked in interstate commerce to fall within the protections of the Act.

37. This action is brought by Plaintiff ANA M. CUGAT and those similarly-situated to 

recover from the Employer SERVING IMMIGRANTS unpaid minimum wages, as 

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well as an additional amount as liquidated damages, costs, and reasonable 

attorney’s fees under the provisions of 29 U.S.C. § 201 et seq., and specifically 

under the provisions of 29 U.S.C. §206. 

38. U.S.C. §206 states “Every employer shall pay to each of his employees who in any 

workweek is engaged in commerce or the production of goods for commerce, or is 

employed in an enterprise engaged in commerce or in the production of goods for 

commerce, wages at the following rates: 

(1) except as otherwise provided in this section, not less than—

(A) $5.85 an hour, beginning on the 60th day after May 25, 2008; 

(B) $6.55 an hour, beginning 12 months after that 60th day; and 

(C) $7.25 an hour, beginning 24 months after that 60th day

39. At all times pertinent to this Complaint, Plaintiff ANA M. CUGAT is entitled to be 

paid minimum wages as required by the FLSA. All similarly situated employees 

(comprising the members of the asserted class) are similarly owed their minimum 

wages for every hour if they worked and were not properly compensated.

40. Defendants SERVING IMMIGRANTS and MAGDALENA CUPRYS willfully 

and intentionally refused to pay Plaintiff minimum wages as required by the law of 

the United States, and remain owing Plaintiff these minimum wages since the 

commencement of Plaintiff’s employment with Defendants as set forth above. 

41. Defendants knew and/or showed a reckless disregard of the provisions of the Act 

concerning the payment of minimum wages as required by the Fair Labor Standards 

Act and remain owing Plaintiff these minimum wages as set forth above, and 

Plaintiff is entitled to recover double damages. 

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42. The records, if any, concerning the number of hours worked by Plaintiff and all 

other employees in the asserted class, and the compensation actually paid to such

employees should be in the possession and custody of Defendants. However, upon 

information and belief, the Defendants did not maintain accurate and complete time 

records of hours worked by the Plaintiff and all other employees in the asserted 

class.

43. The Defendants violated the record-keeping requirements of FLSA, 29 CFR Part 

516.

44. Defendants never posted any notice, as required by the Fair Labor Standards Act 

and Federal Law, to inform employees of their federal rights to overtime and 

minimum wage payments. Defendants violated the Posting requirements of 29 

U.S.C. § 516.4.

45. Defendants SERVING IMMIGRANTS and MAGDALENA CUPRYS willfully 

and intentionally refused to pay Plaintiff minimum wages as required by the law of 

the United States, and remain owing Plaintiff these minimum wages since the 

commencement of Plaintiff’s employment with Defendants as set forth above.

46. By reason of the said intentional, willful, and unlawful acts of Defendants, Plaintiff 

and the similarly situated employees in the asserted class have suffered damages 

plus incurring costs and reasonable attorney’s fees.

47. The Plaintiff has retained the law offices of the undersigned attorney to represent 

her in this action and is obligated to pay a reasonable attorneys’ fee. 

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PRAYER FOR RELIEF

WHEREFORE, Plaintiff ANA M. CUGAT and those similarly situated respectfully 

request that this Honorable Court: 

A. Enter judgment for Plaintiff ANA M. CUGAT and against the Defendants

SERVING IMMIGRANTS and MAGDALENA CUPRYS based on

Defendants’ willful violations of the Fair Labor Standards Act, 29 U.S.C. § 201 

et seq. and other Federal Regulations; and

B. Award Plaintiff actual damages in the amount shown to be due for unpaid 

minimum wages, with interest; and

C. Award Plaintiff an equal amount in double damages/liquidated damages; and

D. Award Plaintiff reasonable attorneys' fees and costs of suit; and 

E. Grant such other and further relief as this Court deems equitable and just and/or 

available pursuant to Federal Law. 

JURY DEMAND

Plaintiff ANA M. CUGAT and those similarly situated demand trial by a jury of all issues 

triable as of right by a jury.

Dated: April 29, 2020, 

 Respectfully submitted, 

 By: _/s/ Zandro E. Palma____

 ZANDRO E. PALMA, P.A.

 Florida Bar No.: 0024031

 9100 S. Dadeland Blvd.

 Suite 1500

 Miami, FL 33156

 Telephone: (305) 446-1500

 Facsimile: (305) 446-1502

 zep@thepalmalawgroup.com

 Attorney for Plaintiff

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