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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

CASE NO.: 

MIKEL PICHS,

and other similarly situated individuals,

Plaintiff,

v. 

VMSB, LLC

d/b/a CASA CASUARINA

d/b/a GIANNI’S

Defendant.

________________________________/ 

COMPLAINT

(OPT-IN PURSUANT TO 29 U.S.C § 216(b))

COMES NOW the Plaintiff MIKEL PICHS, by and through the undersigned counsel, and 

hereby sues Defendant VMSB, LLC d/b/a CASA CASUARINA, d/b/a GIANNI’S and alleges: 

1. This is an action to recover money damages for unpaid overtime wages under the laws of 

the United States. This Court has jurisdiction pursuant to Title 28 U.S.C. § 1337 and by 

Title 29 U.S.C. § 201-219, § 216(b), the Fair Labor Standards Act, “the Act”, (Section 216 

for jurisdictional placement).

2. Plaintiff MIKEL PICHS is a resident of Miami-Dade County, within the jurisdiction of this 

Honorable Court. Plaintiff is a covered employee for purposes of the Act. Plaintiff is also 

known as Mikel Vazquez Pichs.

3. Defendant VMSB, LLC d/b/a CASA CASUARINA, d/b/a GIANNI’S (hereinafter CASA 

CASUARINA, or Defendant) is a Florida corporation which has a place of business within 

the jurisdiction of this Court. At all times, Defendant was and is engaged in interstate 

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commerce. The Defendant 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)].

4. All the actions raised in this complaint took place in Miami-Dade County Florida, within 

the jurisdiction of this Court.

ALLEGATIONS COMMON TO ALL COUNTS

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

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 worked in excess of forty (40) 

hours during one or more weeks on or after April 2017 (the “material time”) without being 

compensated overtime wages pursuant to the FLSA.

6. Corporate Defendant CASA CASUARINA is an Italian/Mediterranean located at 1116, 

Ocean Drive, Miami Beach, Florida 33139, where Plaintiff worked. 

7. Defendant CASA CASUARINA employed Plaintiff MIKEL PICHS as a non-exempted,

full-time, restaurant employee, from on or about February 2015, through approximately

December 14, 2019, or more than 4 years plus 10 months. However, for FLSA purposes, 

Plaintiff's relevant employment period is 137 weeks. 

8. Plaintiff had duties as a line cook, prep cook, and he had also additional duties as 

dishwasher and cleaning employee. 

9. Plaintiff was a salaried employee, and his last salary was $1,153.85 per week.

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10. During his relevant employment period with the Defendant, the Plaintiff had a regular 

schedule. Plaintiff worked some weeks of 7 days from Monday to Sunday, and some weeks 

of 5 days, from Tuesday to Saturday. 

11. Plaintiff worked from 12:00 PM to 12:00 AM, (12 hours daily). Plaintiff did not take 

bonafide lunch periods.

12. Plaintiff is not in possession of time and payment records, but he is going to provide a good 

faith estimate of unpaid overtime hours based on 137 relevant weeks of employment, which 

are divided in 69 weeks with 7 days and 84 working hours; and 68 weeks with 5 days and 

60 working hours. 

13. Plaintiff worked in excess of 40 hours every week period, he was paid the same salary 

regardless of the number of hours paid, but he was not paid for overtime hours.

14. Plaintiff did not clock in and out, but the Defendant was in complete control of Plaintiff’s 

schedule, and it was able to keep track of the time worked by Plaintiff and other similarly 

situated individuals.

15. Therefore, Defendant willfully failed to pay Plaintiff for all his overtime hours at the rate 

of time and one-half his regular rate for every hour that he 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).

16. Plaintiff was paid bi-weekly with checks and paystubs that did not show the number of 

days and hours worked in every week period.

17. On or about December 14, 2019, Plaintiff was forced to leave his employment due to 

working hours conflicts with the General Manager.

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18. Plaintiff MIKEL PICHS seeks to recover half-time overtime wages for every hour in excess 

of 40 in a week period, for all the relevant weeks that he worked for Defendant, liquidated 

damages, attorney fees, and any other relief as allowable by law.

COUNT I:

WAGE AND HOUR FEDERAL STATUTORY VIOLATION;

FAILURE TO PAY OVERTIME

19. Plaintiff MIKEL PICHS re-adopts every factual allegation as stated in paragraphs 1-18

above as if set out in full herein. 

20. This action is brought by Plaintiff and those similarly-situated to recover from the 

Employers CASA CASUARINA unpaid overtime compensation, as 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. § 207. 29 

U.S.C. § 207 (a)(1) states, “No employer shall employ any of his employees for a 

workweek longer than 40 hours unless such employee receives compensation for his 

employment in excess of the hours above specified at a rate not less than one and a halftime the regular rate at which he is employed.”

21. At all times pertinent to this Complaint, Defendant CASA CASUARINA was engaged in 

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

203(s). The Defendant is a retail business performing as Italian Mediterranean restaurant, 

catering mostly to tourist customers. At all times, the Employer/Defendant operates as an 

organization that sells and/or markets its services to customers from throughout the United 

States. At all times Defendant had more than two employees regularly engaged in interstate 

commerce The Employer/Defendant obtains and solicits funds from non-Florida sources, 

accepts funds from non-Florida sources, uses the instrumentalities and channels of 

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interstate commerce. Upon information and belief, the annual gross revenue of the 

Employer/Defendant was always material hereto in excess of $500,000 per annum. 

Defendant’s business activities involve those to which the Fair Labor Standards Act 

applies. Therefore, there is FLSA enterprise coverage.

22. The Plaintiff’s work for the Defendant likewise affected interstate commerce. Plaintiff was 

employed by an enterprise engaged in interstate commerce, and through his daily activities,

he regularly engaged in interstate commerce when he handled and worked on goods and 

materials that had been produced for commerce and moved in interstate commerce at any 

stage of the business. Therefore, there is FLSA individual coverage.

23. Defendant CASA CASUARINA employed Plaintiff MIKEL PICHS as a non-exempted, 

full-time, restaurant employee, from on or about February 2015, through approximately 

December 14, 2019, or more than 4 years plus 10 months. However, for FLSA purposes, 

Plaintiff's relevant employment period is 137 weeks. 

24. Plaintiff had duties as a line cook, prep cook, and he had also additional duties as 

dishwasher and cleaning employee. 

25. Plaintiff was a salaried employee, and his last salary was $1,153.85 per week.

26. During his relevant employment period with the Defendant, Plaintiff worked weeks of 7 

days and weeks of 5 days.

27. Plaintiff has a regular schedule and he worked from 12:00 PM to 12:00 AM, (12 hours 

daily). Plaintiff did not take bonafide lunch periods.

28. Thus, from the total of 137 relevant weeks of employment, Plaintiff worked 69 weeks of 7 

days with 84 working hours weekly, and 68 weeks of 5 days with 60 working hours weekly. 

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29. Plaintiff worked in excess of 40 hours every week period, he was paid the same salary 

regardless of the number of hours paid, but he was not paid for overtime hours.

30. Plaintiff did not clock in and out, but the Defendant was in complete control of Plaintiff’s 

schedule, and it was able to keep track of the time worked by Plaintiff and other similarly 

situated individuals.

31. Therefore, Defendant willfully failed to pay Plaintiff for all his overtime hours at the rate 

of time and one-half his regular rate for every hour that he 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).

32. Plaintiff was paid bi-weekly with checks and paystubs that did not show the number of 

days and hours worked in every week period.

33. The records, if any, concerning the number of hours worked by Plaintiff MIKEL PICHS, 

and all other similarly situated employees, and the compensation actually paid to such 

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

information and belief, Defendant did not maintain accurate and complete time records of 

hours worked by Plaintiff and other employees in the asserted class.

34. Defendant violated the record-keeping requirements of FLSA, 29 CFR Part 516.

35. Upon information and belief, Defendant 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.

36. Defendant violated the Posting requirements of 29 U.S.C. § 516.4.

37. Prior to the completion of discovery and to the best of Plaintiff’s knowledge, at the time of 

the filing of this complaint, the Plaintiff’s good faith estimate of unpaid overtime wages 

are as follows:

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 *Please note that these amounts are based on a preliminary calculation and that these 

 figures could be subject to modification as discovery could dictate. 

 

a. Total amount of allegedly unpaid overtime wages:

Thirty-Three Thousand Nine Hundred Forty Dollars and 52/100 ($33,940.52)

b. Calculation of such wages: 

Total time of employment: More than 4 years

 Total relevant period of employment: 137 weeks

 1.- Overtime for 69 weeks of 7 days with 84 working hours weekly

 Relevant weeks: 69 weeks

 Total Hours worked: 84 hours

 Total unpaid overtime hours: 44 O/T hours 

 Paid weekly: $1,153.85:84 hours worked = $13.74

 Regular rate: $13.74 an hour x 1.5=$20.61 O/T rate-$13.74 rate paid=$6.87 Diff.

 Half-time O/T rate: $6.87 an hour

 Half-time O/T rate $6.87 x 44 O/T hours=$302.28 weekly 

 $302.28 weekly x 69 weeks=$20,857.32

 2.- Overtime for 68 weeks of 5 days with 60 working hours weekly

 Relevant weeks: 68 weeks

 Total Hours worked: 60 hours

 Total unpaid overtime hours: 20 O/T hours 

 Paid weekly: $1,153.85:60 hours worked = $19.23

 Regular rate: $19.23 an hour x 1.5=$28.85 O/T rate-$19.23 rate paid=$9.62 Diff.

 Half-time O/T rate: $9.62 an hour

 Half-time O/T rate $9.62 x 20 O/T hours=$192.40 weekly 

 $192.40 weekly x 68 weeks=$13,083.20

 Total # 1 and #2: $33,940.52

,

c. Nature of wages (e.g. overtime or straight time):

 This amount represents the unpaid half-time overtime wages. 

38. At all times material hereto, the Employer/Defendant CASA CASUARINA 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, 

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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 Defendant to 

properly pay Plaintiff 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. 

39. Defendant CASA CASUARINA knew and/or showed reckless disregard of the provisions 

of the Act concerning the payment of overtime wages as required by the Fair Labor 

Standards Act, and Plaintiff and those similarly situated are entitled to recover double 

damages. 

40. Defendant CASA CASUARINA willfully and intentionally refused to pay Plaintiff 

overtime wages as required by the law of the United States and remain owing Plaintiff 

these overtime wages since the commencement of Plaintiff’s employment with Defendant, 

as set forth above. 

41. Plaintiff has retained the law offices of the undersigned attorney to represent him in this 

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

PRAYER FOR RELIEF

WHEREFORE, Plaintiff MIKEL PICHS and those similarly situated individuals respectfully 

request that this Honorable Court: 

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

Defendant CASA CASUARINA based on Defendant’s willful violations of the Fair Labor 

Standards Act, 29 U.S.C. § 201 et seq.; and

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

for hours worked in excess of forty weekly, with interest; and

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

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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 MIKEL PICHS and those similarly situated demand trial by a jury of all issues triable as 

of right by jury.

DATED: April 30, 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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