Page 1 of 7 Luckner Josema v. G. Jones Inc.

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

LUCKNER JOSEMA, on his own 

behalf and others similarly situated,

Plaintiff, 

v. 

G. JONES, INC. d/b/a G. JONES PLASTERING

a Florida corporation, and GEORGE JONES, individually,

Defendants.

_______________________________________________/

COMPLAINT

1. Plaintiff, LUCKNER JOSEMA (hereinafter referred to as “Plaintiff”), was an employee 

of Defendants, G. JONES, INC. d/b/a G. JONES PLASTERING, a Florida Profit Corporation, 

and GEORGE JONES, an individual, (hereinafter collectively referred to as “Defendants”), and 

brings this action on behalf of himself and other current and former employees of Defendants

similarly situated to him for overtime compensation and other relief under the Fair Labor 

Standards Act, as amended, 29 U.S.C. § 216(b). 

2. Defendant, G. JONES, INC., is a Florida profit corporation that owns and operates a 

business in Palm Beach County, Florida and is within the jurisdiction of this court. 

3. Defendant, G. JONES, INC., is a Florida profit corporation that has or had employees, 

including Plaintiff, working in various counties throughout Florida and is within the jurisdiction 

of this court.

4. Plaintiff individually traveled and performed services for Defendants throughout Florida

during his employment.

5. Plaintiff and similarly situated current and former employees, performed services for 

Defendants throughout their employment. 

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6. Jurisdiction is conferred on this Court by Title 28 U.S.C. § 1337 and by Title 29 U.S.C. § 

216(b). At all times pertinent to this Complaint G. JONES, INC. was and is an enterprise 

engaged in interstate commerce or in the production of goods for commerce.

7. Based upon information and belief, the annual gross sales volume of G. JONES, INC. 

was in excess of $500,000.00 per annum during the relevant time period.

8. The unlawful employment practices alleged herein occurred and/or were committed 

within this judicial district.

9. At all times material hereto, Plaintiff is/was a resident of this judicial district, an 

employee of the Defendants, sui juris and otherwise within the jurisdiction of this Court. 

10. At all times material hereto, Defendant, Company, was the employer or former employer 

of the Plaintiff and is conducting business in this judicial district and is otherwise an ‘employer’ 

under the FLSA.

11. That at all times material hereto, Defendant, GEORGE JONES, individually, acted 

directly in the interests of his employer, the Defendant, Company, in relation to the Plaintiff, and 

this individual Defendant exercised the requisite legal control and otherwise administered the 

illegal acts as described herein on behalf of the Defendant, Company, and is otherwise an 

‘employer’ under the FLSA.

12. At all times material hereto, individual Defendant, GEORGE JONES, was and/or is an 

individual resident of the State of Florida who owns, manages, directs, and/or operates G. 

JONES, INC. and who regularly exercised the authority to hire and fire employees, determine the 

work schedules of employees, set the rate pay of employees, manage daily or weekly activities of 

employees, and control the finances and operations of G. JONES, INC. By virtue of such control 

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and authority, GEORGE JONES is an employer of Plaintiff as such term is defined by the FLSA, 

29 U.S.C. §201 et seq.

13. GEORGE JONES interviewed and hired Plaintiff. 

14. Plaintiff reported to GEORGE JONES.

15. GEORGE JONES was Plaintiff’s manager. 

16. GEORGE JONES is the owner of G. JONES, INC.

17. Plaintiff repeatedly requested for Defendants to pay him at time and one-half for his 

overtime hours worked.

18. This action seeks to recover unpaid overtime wages and all allowable damages, interest, 

and attorney’s fees and costs under the Fair Labor Standards Act (“FLSA”) for Plaintiff and all 

current or former hourly employees who worked more than 40 hours in any workweek, for which 

they were not paid correctly for their overtime hours worked within the period beginning three 

years preceding the filing date of this Complaint and ending on the date of judgment in this 

matter (the “FLSA relevant period”), who elect to opt into this action pursuant to 29 U.S.C. § 

216(b) of the FLSA.

19. Plaintiff worked as a drywall repairer, plaster repair and any additional services requested 

by Defendants for the benefit of his residential and commercial clients. 

20. This action is brought to include all employees similarly situated to Plaintiff. 

21. Plaintiff is, and was at all times relevant to his employment as alleged herein, a resident 

in Palm Beach County, Florida.

22. Plaintiff worked during the period of approximately November 2015 until approximately 

January, 2019.

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23. Plaintiff performed non-exempt work as a laborer and related activities throughout the 

state of Florida for Defendant.

24. At all material times, Plaintiff was an employee as defined in 29 U.S.C. § 203(e)(1).

25. All work performed by Plaintiff was for the benefit of Defendants. 

26. Plaintiff and similarly situated employees regularly handled and worked with goods and 

materials moved in or produced in commerce. 

27. Plaintiff routinely worked more than forty (40) hours per week for Defendants. 

28. Plaintiff routinely worked 10 to 12 hours of overtime weekly for Defendants. 

29. Plaintiff routinely worked from 7:00 AM until 5:00 PM Monday through Friday. 

30. Defendants paid Plaintiff straight-time wages instead of overtime wages for all hours 

worked. 

31. Defendants failed to properly credit Plaintiff for all hours worked. 

32. When Plaintiff worked more than forty (40) hours weekly, Defendants would not pay 

Plaintiff time and one-half for hours worked beyond 40 hours. 

33. The services provided by Defendants necessitated that Defendants engage in interstate 

commerce.

34. Plaintiff was individually engaged in commerce due to the nature of his work.

35. This action is brought to recover from Defendants overtime compensation, unpaid wages,

minimum wage violation, liquidated damages, and the costs and reasonable attorney’s fees under 

the provisions of Title 29 U.S.C. § 216(b).

36. The additional persons who may become Plaintiffs in this action are non-exempt 

employees and/or former employees of Defendants who worked similar positions as Plaintiff and 

worked in excess of forty (40) hours in a work-week on or after May 2017, but were not properly 

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paid for all hours worked in excess of forty (40) during one or more work weeks or current 

and/or former employees who were not credited for all hours worked during their employment 

with Defendants. 

37. At all times pertinent to this Complaint, Defendants failed to comply with Title 29 U.S.C. 

§ 201-209, in that Plaintiff and those similarly situated to Plaintiff performed services for 

Defendants for which no provisions were made by the Defendants to properly pay Plaintiff for 

those hours worked in excess of forty (40) at an overtime rate of one and one-half times their 

regular rate of pay for all the overtime hours worked, based in part upon Defendants’ custom and 

practice of failing to credit all overtime hours actually worked and failing to calculate and pay 

overtime wages accurately.

38. As a result of Defendants’ actions identified herein Plaintiff and other similarly situated 

employees were not paid time and one-half of their regular rate of pay for all hours worked in 

excess of forty (40) hours per work week during one or more work weeks.

39. Likewise, the other employees similarly situated to Plaintiff regularly worked in excess of 

forty (40) hours in one or more work weeks during their employment with Defendants.

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

other similarly situated employees and the compensation actually paid to such employees are in 

the possession and custody of Defendants. However, upon information and belief, Defendants 

did not maintain accurate and complete time records of hours worked and compensation received 

by Plaintiff.

COUNT I, RECOVERY OF OVERTIME COMPENSATION

41. Plaintiff readopts and realleges all allegations contained in Paragraphs 1 through 40

above.

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42. Plaintiff is entitled to be paid time and one-half of his regular rate of pay for each hour 

worked in excess of forty (40) hours per work week. All similarly situated employees are 

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

paid.

43. By reason of the said intentional, willful and unlawful acts of Defendants, all Plaintiffs 

(Plaintiff and those similarly situated to him) have suffered damages plus incurring costs and 

reasonable attorney’s fees.

44. Plaintiff has retained the undersigned counsel to represent him in this action, and agreed 

to pay reasonable fees and costs, and pursuant to 29 U.S.C. §§216(b), Plaintiff is entitled to 

recover all reasonable attorney’s fees and costs incurred in this action.

45. As a result of Defendants’ willful violation of the Act, all Plaintiffs (the named

Plaintiff and those similarly situated to him) are entitled to liquidated damages.

46. Plaintiff demands a jury trial.

WHEREFORE, Plaintiff, LUCKNER JOSEMA, and those similarly situated to him who 

have or will opt into this action, demand judgment, jointly and severally, against Defendants, G. 

JONES, INC. d/b/a G. JONES PLASTERING and GEORGE JONES, for the payment of all 

overtime hours at one and one-half their regular rate of pay due them for the hours worked by 

them for which they have not been properly compensated, liquidated damages in an amount equal

to the overtime awarded, prejudgment interest, reasonable attorney’s fees and costs of suit, and 

such further relief that this Court deems just and appropriate.

JURY DEMAND

Plaintiff demands a trial by jury on all issues so triable. 

DATED this 19 day of May 2020

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Respectfully submitted, 

s/Maguene D. Cadet 

Maguene D. Cadet, Esq., FBN. 0591361 

Law Office of Dieudonne Cadet, P.A.

2500 Quantum Lakes Drive, Suite 203

Boynton Beach, Florida 33426

Telephone: 561-853-2212

Facsimile: 561-853-2213

Attorney for Plaintiff Luckner Josema

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