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PERERA BARNHART ALEMÁN 

12401 Orange Drive· Suite 123 · Davie, FL 33330 

300 Sevilla Avenue · Suite 206 · Coral Gables, FL 33134 

www.pba-law.com · Phone (786) 485.5232 

IN THE UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

CASE NO. _________________ 

ARTHUR EISENSTEIN, 

Plaintiff, 

vs. 

UNIFORM SECURITY AGENCY, LLC, 

a Florida Limited Liability Company, 

MARK APPLEBAUM, individually and

ROSALIE APPLEBAUM, individually, 

Defendants. 

___________________________________/ 

COMPLAINT 

ARTHUR EISENSTEIN (“Plaintiff”), by and through the undersigned 

counsel, hereby sues UNIFORM SECURITY AGENCY, LLC (“USA” or the 

“Company”), a Florida Limited Liability Company, MARK APPLEBAUM

(“Mark Applebaum”), individually, and ROSALIE APPLEBAUM (“Rosalie 

Applebaum”), individually (collectively “Defendants”) and alleges as follows: 

INTRODUCTION 

1. This is an action for unpaid overtime wages pursuant to the Fair 

Labor Standards Act, 29 U.S.C. §§ 201 et seq. (“FLSA”). 

2. Plaintiff seeks damages within this Court’s jurisdiction, reasonable 

attorneys’ fees and costs pursuant to the FLSA, and all other remedies allowable 

by law. 

Case 9:20-cv-80800-XXXX Document 1 Entered on FLSD Docket 05/14/2020 Page 1 of 11
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PERERA BARNHART ALEMÁN 

12401 Orange Drive· Suite 123 · Davie, FL 33330 

300 Sevilla Avenue · Suite 206 · Coral Gables, FL 33134 

www.pba-law.com · Phone (786) 485.5232 

PARTIES, JURISDICTION, AND VENUE 

3. USA is and was a Florida limited liability company conducting 

business in Palm Beach County, Florida during the relevant period, September 

1, 2019 through March 4, 2020. 

4. During the relevant period, Rosalie Applebaum was the Managing 

Member and general co-operator of the company, USA. 

5. During the relevant period, Mark Applebaum was the Chief 

Operations Officer and general co-operator of the company, USA. 

6. Plaintiff was formerly employed by Defendants and performed work 

for Defendants in Palm Beach County, Florida. 

7. Venue is proper in this Court because Defendants transact business 

in this District, Defendants maintain a principal place of business in this 

District, Defendants employed Plaintiff in this District, and the claims arose 

within the District. 

GENERAL ALLEGATIONS 

A. USA’s Business and Interstate Commerce 

8. USA operates as a company specializing in property protection, 

personal security, and other security monitoring. 

9. USA’s gross annual revenue exceeded $500,000.00 during 2019 and 

is expected to exceed $500,000.00 during 2020. 

10. USA customarily and regularly sold goods and services across state 

lines. 

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PERERA BARNHART ALEMÁN 

12401 Orange Drive· Suite 123 · Davie, FL 33330 

300 Sevilla Avenue · Suite 206 · Coral Gables, FL 33134 

www.pba-law.com · Phone (786) 485.5232 

11. At all relevant times, USA employed two or more employees that 

customarily, continually, and regularly handled goods and materials that i) were 

purchased from a person or entity outside the state of Florida and/or ii) were 

purchased in Florida but had previously traveled through interstate commerce. 

12. Upon information and belief, USA obtained and solicited funds from 

non-Florida sources, accepted funds from non-Florida sources, used telephonic 

(or other electronic) transmissions going over state lines to do its business, 

transmitted funds outside the State of Florida, used electronic means to market 

and run their business in a way that was not limited to Florida, and otherwise 

regularly engaged in interstate commerce during the relevant period. 

13. USA, upon information and belief, accepts checks, wire transfers, 

and other forms of payments that are made or processed outside the state of 

Florida, and did so during the relevant period. 

14. USA is an employer engaged in interstate commerce and subject to 

the FLSA. 

B. USA’s Employment and Failure to Properly Pay Plaintiff 

15. Plaintiff began working for Defendants in September 2019. 

16. Plaintiff was hired to work for Defendants as their “head of security” 

to aid the business. However, Plaintiff did not execute any exempt duties during 

his employment. Indeed, Plaintiff was paid an hourly rate of $17.00. 

17. Based on the foregoing, Plaintiff cannot be considered exempt from 

the FLSA’s wage & hour protections as he did not meet the primary duty nor 

salary requirements. 

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PERERA BARNHART ALEMÁN 

12401 Orange Drive· Suite 123 · Davie, FL 33330 

300 Sevilla Avenue · Suite 206 · Coral Gables, FL 33134 

www.pba-law.com · Phone (786) 485.5232 

18. Throughout Plaintiff’s employment with Defendants, Plaintiff 

regularly worked at least fifty (50) hours a week. 

19. On many occasions, Plaintiff worked well in excess of fifty (50) hours 

per week since Defendants required Plaintiff to remain on-call throughout the 

week. This resulted in Plaintiff receiving work-related phone calls, that required 

an expeditious response or action, during any part of the day or night, including 

holidays. 

20. USA willfully and intentionally failed to properly record Plaintiff’s 

work hours and provide him with a proper overtime premium for each overtime 

hour worked. 

21. Making matters worse, Plaintiff was informed by the Company that 

he could work fewer hours in the weeks following a week where he worked 

overtime to offset the hours worked. The Company’s purported scheme fails 

where: 1) such an arrangement has found to be in violation of the FLSA since it 

skirts an employer’s requirement to record, calculate, and pay overtime wages in 

the week where the overtime hours were worked; 2) Plaintiff was still not 

compensated for overtime hours during his employment; and 3) what the 

Company demanded out of Plaintiff, as to work/on-call hours and associated 

duties, made it impossible for Plaintiff to work less than forty hours in any given 

week. Moreover, the Company’s proposal is evidence that it knew of, yet did pay, 

Plaintiff’s overtime hours. 

22. Plaintiff remained in his employment with USA until March 4, 2020. 

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PERERA BARNHART ALEMÁN 

12401 Orange Drive· Suite 123 · Davie, FL 33330 

300 Sevilla Avenue · Suite 206 · Coral Gables, FL 33134 

www.pba-law.com · Phone (786) 485.5232 

23. USA was responsible for recording Plaintiff’s work hours, paying 

Plaintiff’s wages, and ensuring compliance with the FLSA’s requirement to 

calculate and tender overtime wages. 

24. USA was Plaintiff’s employer, joint employer, or co-employer for 

purposes of the FLSA as the term employer is defined by 29 U.S.C. § 203. 

25. USA intentionally refused to pay Plaintiff overtime wages he was 

owed under the FLSA. 

C. Mark Applebaum and Rosalie Applebaum’s Employment of, and 

Failure to Properly Pay, Plaintiff

26. During the relevant period, Mark Applebaum was the Chief 

Operating Officer and general co-operator of USA. 

27. During the relevant period, Rosalie Applebaum was the managing 

member and general co-operator of USA. 

28. Mark Applebaum and Rosalie Applebaum were responsible for 

running the day-to-day operations of USA. 

29. During Plaintiff’s employment, Mark Applebaum acted as Plaintiff’s 

supervisor, provided Plaintiff with his work duties, gave feedback on the work 

Plaintiff performed for Defendants, and was responsible for recording, 

calculating, and paying Plaintiff’s work hours. 

30. During Plaintiff’s employment, Rosalie Applebaum was responsible 

for handling the Company’s payrolls. 

31. On March 4, Mark Applebaum terminated Plaintiff. 

32. Mark Applebaum and Rosalie Applebaum intentionally refused to 

pay Plaintiff overtime wages he was owed under the FLSA. 

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PERERA BARNHART ALEMÁN 

12401 Orange Drive· Suite 123 · Davie, FL 33330 

300 Sevilla Avenue · Suite 206 · Coral Gables, FL 33134 

www.pba-law.com · Phone (786) 485.5232 

33. Mark Applebaum and Rosalie Applebaum were partially or totally 

responsible for paying Plaintiff’s wages. 

34. Mark Applebaum and Rosalie Applebaum were Plaintiff’s employers, 

joint employer, or co-employer for purposes of the FLSA as the term employer is 

defined by 29 U.S.C. § 203. 

COUNT I 

OVERTIME VIOLATION BY USA 

UNDER THE FAIR LABOR STANDARDS ACT 

35. Plaintiff re-alleges and incorporates by reference the allegations in 

paragraphs 1 through 3, 6-25 above as if fully set forth herein. 

36. As part of its business, USA purchased goods and materials that 

traveled through interstate commerce. 

37. These goods and materials were customarily, continually, and 

regularly handled by two or more employees, including Plaintiff. 

38. Upon information and belief, USA obtained and solicited funds from 

non-Florida sources, accepted funds from non-Florida sources, used telephonic 

transmissions going over state lines to do its business, transmitted funds outside 

the State of Florida, used electronic means to market and run its business in a 

way that was not limited to Florida, and otherwise regularly engaged in interstate 

commerce during the relevant period. 

39. USA, upon information and belief, accepted credit card payments, 

wire transfers, and other forms of payments made or processed outside the state 

of Florida during the relevant. 

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PERERA BARNHART ALEMÁN 

12401 Orange Drive· Suite 123 · Davie, FL 33330 

300 Sevilla Avenue · Suite 206 · Coral Gables, FL 33134 

www.pba-law.com · Phone (786) 485.5232 

40. USA is an employer engaged in interstate commerce and subject to 

the FLSA. 

41. During his employment with USA, Plaintiff worked overtime hours 

for which he was not compensated at a rate of no less than time-and-a-half his 

regularly rate of pay as required by the FLSA. 

42. USA did not compensate Plaintiff for his overtime despite knowledge 

of the overtime hours Plaintiff worked. 

43. Plaintiff is owed unpaid overtime compensation pursuant to the 

FLSA. 

44. In addition, USA is liable for double the overtime amounts owed as 

liquidated damages under the FLSA as a result of its intentional and willful 

violations for up to the three-year statute of limitations afforded by the FLSA. 

WHEREFORE, Plaintiff respectfully requests that the Court: 

a. Enter judgment for Plaintiff against USA under the FLSA; 

b. Award Plaintiff actual damages for the unpaid wages; 

c. Award Plaintiff liquidated damages; 

d. Award Plaintiff his attorneys’ fees and costs; 

e. Award Plaintiff all recoverable interest; and 

f. Award any other relief this Honorable Court deems just and 

proper. 

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PERERA BARNHART ALEMÁN 

12401 Orange Drive· Suite 123 · Davie, FL 33330 

300 Sevilla Avenue · Suite 206 · Coral Gables, FL 33134 

www.pba-law.com · Phone (786) 485.5232 

COUNT II 

OVERTIME VIOLATIONS AGAINST ROSALIE APPLEBAUM UNDER 

THE FAIR LABOR STANDARDS ACT 

45. Plaintiff re-alleges and incorporates by reference the allegations in 

paragraphs 1 through 2, 4, 6-7, 15-25, 27-28, 30, 32-34 above as if fully set 

forth herein. 

46. Rosalie Applebaum operated the day-to-day activities of USA, had 

supervisory authority over Plaintiff, and was partially or totally responsible for 

paying Plaintiff’s wages. 

47. During Plaintiff’s employment with Defendants, Plaintiff 

consistently worked for Defendants over 40 hours per week. 

48. During the relevant period, Rosalie Applebaum was partially or 

totally responsible for paying Plaintiff’s wages. 

49. During his employment with Defendants, Plaintiff worked overtime 

hours for which he was not compensated at a rate of time-and-a-half his 

regularly rate of pay as required by the FLSA. 

50. Plaintiff is owed unpaid overtime compensation pursuant to the 

FLSA. 

51. Rosalie Applebaum did not compensate Plaintiff for his overtime 

despite her knowledge of the overtime hours Plaintiff worked. 

52. Applebaum is also jointly and severally liable for double the overtime 

amounts owed as liquidated damages under the FLSA as a result of his 

intentional and willful violation of the FLSA for up to the three-year statute of 

limitations afforded by the FLSA. 

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PERERA BARNHART ALEMÁN 

12401 Orange Drive· Suite 123 · Davie, FL 33330 

300 Sevilla Avenue · Suite 206 · Coral Gables, FL 33134 

www.pba-law.com · Phone (786) 485.5232 

WHEREFORE, Plaintiff respectfully requests that the Court: 

a. Enter judgment for Plaintiff against Rosalie Applebaum under 

the FLSA; 

b. Award Plaintiff actual damages for the unpaid wages; 

c. Award Plaintiff liquidated damages; 

d. Award Plaintiff his attorneys’ fees and costs; 

e. Award Plaintiff all recoverable interest; and 

f. Award any other relief this Honorable Court deems just and 

proper. 

COUNT III 

OVERTIME VIOLATIONS AGAINST MARK APPLEBAUM UNDER 

THE FAIR LABOR STANDARDS ACT 

53. Plaintiff re-alleges and incorporates by reference the allegations in 

paragraphs 1 through 2, 5-7,15-26, 28-29, 31-34 above as if fully set forth 

herein. 

54. Mark Applebaum operated the day-to-day activities of USA, had 

supervisory authority over Plaintiff, and was partially or totally responsible for 

paying Plaintiff’s wages. 

55. Mark Applebaum scrutinized Plaintiff’s work and controlled how 

Plaintiff did his job. 

56. During Plaintiff’s employment with Defendants, Plaintiff 

consistently worked for Defendants over 40 hours per week. 

57. During the relevant period, Mark Applebaum was partially or totally 

responsible for paying Plaintiff’s wages. 

Case 9:20-cv-80800-XXXX Document 1 Entered on FLSD Docket 05/14/2020 Page 9 of 11
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PERERA BARNHART ALEMÁN 

12401 Orange Drive· Suite 123 · Davie, FL 33330 

300 Sevilla Avenue · Suite 206 · Coral Gables, FL 33134 

www.pba-law.com · Phone (786) 485.5232 

58. During his employment with Defendants, Plaintiff worked overtime 

hours for which he was not compensated at a rate of time-and-a-half his 

regularly rate of pay as required by the FLSA. 

59. Plaintiff is owed unpaid overtime compensation pursuant to the 

FLSA. 

60. Mark Applebaum did not compensate Plaintiff for his overtime 

despite her knowledge of the overtime hours Plaintiff worked. 

61. Mark Applebaum is also jointly and severally liable for double the 

overtime amounts owed as liquidated damages under the FLSA as a result of his 

intentional and willful violation of the FLSA for up to the three-year statute of 

limitations afforded by the FLSA. 

WHEREFORE, Plaintiff respectfully requests that the Court: 

a. Enter judgment for Plaintiff against Mark Applebaum under 

the FLSA; 

b. Award Plaintiff actual damages for the unpaid wages; 

c. Award Plaintiff liquidated damages; 

d. Award Plaintiff his attorneys’ fees and costs; 

e. Award Plaintiff all recoverable interest; and 

f. Award any other relief this Honorable Court deems just and 

proper. 

JURY TRIAL 

Plaintiff hereby requests a trial by jury with respect to all claims so triable. 

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PERERA BARNHART ALEMÁN 

12401 Orange Drive· Suite 123 · Davie, FL 33330 

300 Sevilla Avenue · Suite 206 · Coral Gables, FL 33134 

www.pba-law.com · Phone (786) 485.5232 

Dated: May 14, 2020

Respectfully submitted, 

By: _/s/ Brody M. Shulman_______ 

J. Freddy Perera, Esq. 

Florida Bar No. 93625 

freddy@pba-law.com 

Brody M. Shulman, Esq. 

Florida Bar No. 92044 

brody@pba-law.com 

Stepanka Hofmanova, Esq. 

Florida Bar No.: 1018839 

stepanka@ pba-law.com 

PERERA BARNHART ALEMAN, P.A. 

12401 Orange Drive, Suite 123 

Davie, Florida 33330 

Telephone: 786-485-5232 

Counsel for Plaintiff 

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