UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI-DADE DIVISION

CASE NO:

ROCCO BENEDETTO,

Plaintiff,

v.

ACTION RENTALS OF FLL, LLC,

a Florida Limited Liability Company, 

ACTION RENTALS TRENCH, SHORING 

& SUPPLY, LLC, a Florida Limited Liability

Company, ACTION RENTALS WPB, LLC,

a Florida Limited Liability Company, and 

ROBERT ACKMAN, individually

Defendants.

/

COMPLAINT AND DEMAND FOR JURY TRIAL

Plaintiff, ROCCO BENEDETTO (“Plaintiff”), pursuant to the Family and Medical Leave 

Act, 29 U.S.C. § 2601, et. seq. (“the FMLA”), files his Complaint against Defendants, ACTION 

RENTALS OF FLL, LLC, (hereafter “ARF”), ACTION RENTALS TRENCH, SHORING & 

SUPPLY, LLC, (hereafter “ARTS”), ACTION RENTALS WPB, LLC, (hereafter “ARW”) and 

ROBERT ACKMAN (hereafter “ACKMAN”) (collectively “Defendants”) and alleges as follows:

PARTIES

1. During all times material hereto, Plaintiff was a resident of Miami-Dade County, Florida, over 

the age of 18 years, and otherwise sui juris. 

2. Defendant, ACTION RENTALS OF FLL, LLC (“ARF”), is a Florida limited liability company

with its registered principal business address at 3075 NW South River Drive, Miami, FL, 

33142. 

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3. Defendant, ACTION RENTALS TRENCH, SHORING & SUPPLY, LLC (“ARTS”), is also 

a Florida limited liability company with its registered principal business address at 3075 NW 

South River Drive, Miami, FL, 33142. 

4. Defendant, ACTION RENTALS WPB, LLC (“ARW”), is also a Florida limited liability 

company with its registered principal business address at 3075 NW South River Drive, Miami, 

FL, 33142. 

5. Upon information and belief, at all material times hereto, Defendant, ROBERT ACKMAN, 

was a resident of the Southern District of Florida, within the jurisdiction of this Honorable 

Court. 

6. At all times material hereto, Defendant, ROBERT ACKMAN was Plaintiff’s manager,

supervisor, a partial owner of ARTS, and Plaintiff’s Joint Employer as that term is defined 

under the FMLA. 

7. At all times material hereto, Defendant, ACTION RENTALS OF FLL, LLC was Plaintiff’s 

joint employer as that term is defined under the FMLA.

8. At all times material hereto, Defendant, ACTION RENTALS TRENCH, SHORING & 

SUPPLY, LLC was Plaintiff’s joint employer as that term is defined under the FMLA.

9. At all times material hereto, Defendant, ACTION RENTALS WPB, LLC was Plaintiff’s joint 

employer as that term is defined under the FMLA.

10. At all times pertinent hereto, Defendants, ACTION RENTALS OF FLL, LLC, ACTION 

RENTALS WPB, LLC and ACTION RENTALS TRENCH, SHORING & SUPPLY, LLC 

were Plaintiff’s joint employer covered by the FMLA, because they were engaged in 

commerce or in an industry affecting commerce who jointly employed 50 or more employees 

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within 75 miles of where Plaintiff worked, for each working day during each of 20 or more 

calendar workweeks, prior to the time period in which Plaintiff sought leave under the FMLA.

11. At all times material hereto, Plaintiff was an employee entitled to leave under the FMLA, based 

on the fact that he: (a) attempted to take leave for a serious health condition as that term is 

defined under the FMLA; and (b) was employed by Defendants for at least 12 months and 

worked at least 1,250 hours during the relevant 12-month period prior to seeking to exercise 

his right to FMLA leave. 

JURISDICTION AND VENUE

12. All acts and omissions giving rise to this dispute took place within Miami-Dade County, 

Florida, within the jurisdiction of this Honorable Court.

13. Jurisdiction is proper within the Southern District of Florida pursuant to 28 U.S.C. §§ 1331

and 1337. 

14. Venue is proper within the Southern District of Florida pursuant to 28 U.S.C. § 1391(b)(2). 

FACTUAL ALLEGATIONS

15. Plaintiff worked for Defendants from approximately February 23, 2019 through

approximately March 26, 2020. 

16. During his tenure, Plaintiff was considered an exceptional employee and had no significant 

history of performance, attendance, or disciplinary issues.

17. Plaintiff suffers from anatomic asplenia and functioning immunosuppression, which 

constitutes a serious health condition under the FMLA. 

18. As a result of Plaintiff’s medical condition, his immune system is extremely compromised. 

Plaintiff’s body cannot kill encapsulated bacteria, nor can it properly fight most infections. 

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19. On March 24, 2020, during a severe outbreak of the global Covid-19 pandemic, Plaintiff 

contacted his supervisor to advise him that Plaintiff suffered from functioning 

immunosuppression, making him at least ten (10) times more vulnerable than the average 

individual to contract Covid-19. 

20. On March 24, 2020, Plaintiff also advised his supervisor that he had a 103.4 fever and that 

he needed to go to the hospital. 

21. On March 24, 2020, Plaintiff provided the company with documentation from his medical 

providers advising that he must quarantine for three (3) to fourteen (14) days. 

22. On March 25, 2020, Defendant, ACKMAN, asked Plaintiff if he had “corona.” Plaintiff 

responded that he was taking a test, but that he would not receive the results for at least 3-

4 days. On March 25, 2020, Plaintiff also advised ACKMAN that he suffered from

immunosuppression and that he did not have a spleen, and that he needed to quarantine for 

at least fourteen (14) days because of his vulnerability to illness. Plaintiff also 

recommended that the company test anyone who came into contact with Plaintiff in the 

preceding week. 

23. After receiving express notice of Plaintiff’s qualifying medical condition, Defendants were

obligated under the FMLA to offer Plaintiff FMLA leave and to allow Plaintiff to 

quarantine. 

24. Plaintiff sought to take time away from work to attend to his medical condition beginning 

on about March 24, 2020. 

25. Defendants failed to properly notify Plaintiff of his FMLA rights and entitlements.

26. Plaintiff was entitled up to twelve (12) weeks of FMLA protected leave which, based on 

the circumstances herein, would have been through about June 16, 2020. 

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27. On March 26, 2020, Defendants terminated Plaintiff because of his request for leave under 

the FMLA. Any other reason for Plaintiff’s termination is merely pretext for Defendants’ 

unlawful termination of Plaintiff. 

28. The temporal proximity of Plaintiff’s request to quarantine and his termination creates the 

presumption that Defendants retaliated against Plaintiff for attempting to exercise his

FMLA rights. 

29. As a result of this illegal termination, Plaintiff suffered damages, including loss of his

reputation, loss of his opportunity to earn employment wages, benefits, and other 

remuneration to which he was entitled.

30. As a result of the foregoing, Defendants interfered with Plaintiff’s FMLA rights, and 

retaliated against him for seeking FMLA leave during the covid-19 global pandemic. 

31. Defendants’ FMLA interference and retaliation against Plaintiff was intentional and/or 

purposeful. 

32. Defendants did not have a subjective or objective good faith basis for their actions, and 

Plaintiff is therefore entitled to liquidated damages.

JOINT EMPLOYER LIABILITY

33. During all times material hereto, Defendants, ACTION RENTALS OF FLL, LLC, 

ACTION RENTALS WPB, LLC and ACTION RENTALS TRENCH, SHORING & 

SUPPLY, LLC, shared the same principal location at 3075 NW South River Drive, Miami, 

FL, 33142.

34. In addition, Bruno Ramos is the same managing member, owner and operator of 

Defendants, ACTION RENTALS OF FLL, LLC, ACTION RENTALS WPB, LLC and 

ACTION RENTALS TRENCH, SHORING & SUPPLY, LLC. 

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35. Defendants, ACTION RENTALS OF FLL, LLC, ACTION RENTALS WPB, LLC and 

ACTION RENTALS TRENCH, SHORING & SUPPLY, LLC all have the same parent 

company, Action Rentals Holding, LLC. Bruno Ramos is also a managing member of 

Action Rentals Holding, LLC. 

36. Defendants, ACTION RENTALS OF FLL, LLC, ACTION RENTALS WPB, LLC and 

ACTION RENTALS TRENCH, SHORING & SUPPLY, LLC share employee personnel, 

equipment, resources, and a human resources department. 

37. Plaintiff was originally hired by Defendant, ACTION RENTALS OF FLL, LLC, but was 

also paid by ACTION RENTALS WPB, LLC and ACTION RENTALS TRENCH, 

SHORING & SUPPLY, LLC during his employment period. 

38. Further, ROBERT ACKMAN is a member of ACTION RENTALS TRENCH, SHORING 

& SUPPLY, LLC, and has duties and responsibilities for both ACTION RENTALS OF 

FLL, LLC and ACTION RENTALS WPB, LLC. 

39. Defendant, ROBERT ACKMAN, regularly supervised Plaintiff and oversaw his work on 

behalf of ACTION RENTALS OF FLL, LLC, ACTION RENTALS WPB, LLC and 

ACTION RENTALS TRENCH, SHORING & SUPPLY, LLC.

40. Defendant, ROBERT ACKMAN, was also one of the decision-makers who chose to 

terminate Plaintiff on behalf of Defendants, ACTION RENTALS OF FLL, LLC, ACTION 

RENTALS WPB, LLC and ACTION RENTALS TRENCH, SHORING & SUPPLY, LLC. 

41. The services for ACTION RENTALS OF FLL, LLC, ACTION RENTALS WPB, LLC 

and ACTION RENTALS TRENCH, SHORING & SUPPLY, LLC are all advertised on 

the same website, https://www.actrents.com/action-rental-equipment-home/ (last visited 

May 12, 2020). 

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42. Furthermore, Plaintiff regularly performed work for the benefit of each of the corporate 

defendants during his employment period. 

COUNT I – UNLAWFUL INTERFERENCE UNDER THE FMLA

43. Plaintiff hereby re-incorporates and re-alleges the allegations set forth within Paragraphs 1 

through 42 above.

44. At all times relevant hereto, Plaintiff was protected by the FMLA.

45. At all times relevant hereto, Defendants interfered with Plaintiff’s FMLA protected leave.

46. At all times relevant hereto, Plaintiff was protected from interference under the FMLA.

47. As a result of Defendants’ intentional, willful and unlawful interference with Plaintiff’s

protected FMLA leave, Plaintiff has suffered damages and has incurred reasonable 

attorneys’ fees and costs. 

48. As a result of Defendants’ willful violation of the FMLA, Plaintiff is entitled to liquidated 

damages. 

WHEREFORE, Plaintiff, ROCCO BENEDETTO, demands judgment against Defendants, 

ACTION RENTALS OF FLL, LLC, ACTION RENTALS TRENCH, SHORING & SUPPLY, 

LLC, ACTION RENTALS WPB, LLC, and ROBERT ACKMAN, jointly and severally, and 

demands damages for back pay, front pay, and an equal amount of liquidated damages, other 

monetary damages, equitable relief, declaratory relief, reasonable attorneys’ fees and costs, and 

any and all further relief that this Court determines to be just and appropriate. 

COUNT II – UNLAWFUL RETALIATION UNDER THE FMLA

49. Plaintiff hereby re-incorporates and re-alleges the allegations set forth within Paragraphs 1 

through 42 above.

50. At all times relevant hereto, Plaintiff was protected by the FMLA.

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51. Defendants retaliated against Plaintiff based upon Plaintiff’s exercise of his FMLA rights 

by terminating him for attempting to use FMLA protected leave during the covid-19 global 

pandemic. 

52. At all times relevant hereto, Plaintiff was protected from retaliation under the FMLA.

53. At all times relevant hereto, and for purposes of the FMLA retaliation claim, Defendants

acted with the intent to retaliate against Plaintiff because Plaintiff exercised his rights to 

take leave pursuant to the FMLA.

54. As a result of Defendants’ intentional, willful and unlawful retaliation against Plaintiff for 

exercising his rights pursuant to the FMLA, Plaintiff has suffered damages and has incurred 

reasonable attorneys’ fees and costs. 

55. As a result of Defendants’ willful violation of the FMLA, Plaintiff is entitled to liquidated 

damages. 

WHEREFORE, Plaintiff, ROCCO BENEDETTO, demands judgment against Defendants, 

ACTION RENTALS OF FLL, LLC, ACTION RENTALS TRENCH, SHORING & SUPPLY, 

LLC, ACTION RENTALS WPB, LLC, and ROBERT ACKMAN, jointly and severally, and 

demands damages for back pay, front pay, and an equal amount of liquidated damages, other 

monetary damages, equitable relief, declaratory relief, reasonable attorneys’ fees and costs, and 

any and all further relief that this Court determines to be just and appropriate. 

DEMAND FOR JURY TRIAL

Plaintiff, ROCCO BENEDETTO, hereby requests and demands a trial by jury on all 

appropriate claims. 

Dated this 14th day of May 2020.

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Respectfully Submitted,

USA EMPLOYMENT LAWYERS –

JORDAN RICHARDS, PLLC

805 Broward Blvd. Suite 301

Fort Lauderdale, Florida 33301

Ph: (954) 871-0050

Counsel for Plaintiff, Rocco Benedetto

By: /s/ Jordan Richards

JORDAN RICHARDS, ESQUIRE

Florida Bar No. 108372

MELISSA SCOTT, ESQUIRE

Florida Bar No. 1010123

JAKE BLUMSTEIN, ESQUIRE

Florida Bar No. 1017746

jordan@jordanrichardspllc.com

melissa@jordanrichardspllc.com

jake@jordanrichardspllc.com

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that the foregoing document was filed via CM/ECF on May 14, 

2020. 

By: /s/ Jordan Richards

JORDAN RICHARDS, ESQUIRE

Florida Bar No. 108372

SERVICE LIST:

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