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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

FORT PIERCE DIVISION

CASE NO.:

LETICIA C. MATEO

and other similarly situated individuals,

Plaintiff(s),

v.

EL CHURRASCO GRILL, LLC,

EVER SANTIZO GONZALEZ, individually

Defendants,

____________________________________/

COMPLAINT

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

COMES NOW the Plaintiff LETICIA C. MATEO and other similarly situated individuals, 

by and through the undersigned counsel, and hereby sues Defendants EL CHURRASCO GRILL, 

LLC, and EVER SANTIZO GONZALEZ individually, and alleges:

JURISDICTION VENUES AND PARTIES

1. This is an action to recover money damages for half-time unpaid overtime wages, under 

the laws of the United States. This Court has jurisdiction pursuant to the Fair Labor 

Standards Act, 29 U.S.C. § 201-219 (Section 216 for jurisdictional placement) (“the Act”).

2. Plaintiff LETICIA C. MATEO is a resident of Martin County, Florida, within the 

jurisdiction of this Honorable Court. The Plaintiff is a covered employee for purposes of 

the Act.

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3. Defendant EL CHURRASCO GRILL, LLC (hereinafter EL CHURRASCO GRILL, or 

Defendant) is a Florida corporation, having a place of business in Indiantown, Martin 

County, Florida, where the Plaintiff worked for Defendant. The Defendant was and is 

engaged in interstate commerce. 

4. The individual Defendant EVER SANTIZO GONZALEZ is the owner/partner and 

manager of EL CHURRASCO GRILL. The Defendant EVER SANTIZO GONZALEZ 

had operational control of the business and he is the employer of Plaintiff within the 

meaning of 29 U.S.C. § 203(d)].

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

jurisdiction of this Court.

GENERAL ALLEGATIONS

6. This cause of action is brought by Plaintiff LETICIA C. MATEO as a collective action to 

recover from Defendants, unpaid half-time 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”), and who worked in excess of forty (40) hours during one or more weeks on or after 

October 2017, (the “material time”) without being properly compensated. 

7. Defendant EL CHURRASCO GRILL is a Guatemalan restaurant located at 15557 SW 

Warfield Blvd., Indiantown, FL 34956, where the Plaintiff worked. 

8. The Defendants EL CHURRASCO GRILL and EVER SANTIZO GONZALEZ employed

Plaintiff LETICIA C. MATEO as a cook and restaurant employee from approximately 

October 01, 2017, to April 20, 2020, or 133 weeks. 

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9. The Plaintiff was hired as a full-time, non-exempted, hourly employee. During her

employment period, the Plaintiff was paid at the rate of $10.00 an hour.

10. During her employment with Defendants, Plaintiff regularly worked 6 days per week. From 

October 01, 2017 to October 31, 2019, or 109 weeks, Plaintiff worked 6 days per week an 

average of 52 hours weekly.

11. From November 2019 to April 20, 2020, or 24 weeks, the Plaintiff had a regular schedule, 

she worked 6 days per week an average of 46 hours weekly. 

12. While employed by the Defendants, the Plaintiff always worked more than 40 hours in a 

week period. The Plaintiff was paid for all her hours at her regular rate, but she did not 

receive payment for overtime hours as established by the Fair Labor Standards Act.

13. The Plaintiff clocked in and out, and the Defendants were able to keep track of the hours 

worked by the Plaintiff and other similarly situated individuals.

14. Therefore, Defendants willfully failed to pay Plaintiff overtime hours at the rate of time 

and one-half her 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).

and 29 U.S.C. § 201 et seq.

15. The Plaintiff was paid weekly with checks covering 40 regular hours. The Plaintiff was 

paid for the remaining hours strictly in cash. Plaintiff was provided with paystubs that did 

not reflect the number of days and the real number of hours worked every week.

16. The Plaintiff is not in possession of time and payment records, but she will provide a good 

faith estimate based on her best recollections. 

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17. Plaintiff LETICIA C. MATEO seeks to recover half-time overtime wages for every hour 

in excess of 40, which were paid at her regular wage-rate, liquidated damages, and any 

other relief as allowable by law. 

18. The additional persons who may become Plaintiffs in this action are employees and/or 

former employees of Defendants who are and who were subject to the unlawful payroll 

practices and procedures of Defendants and were not paid overtime wages at the rate of 

time and one half of their regular rate of pay for all overtime hours worked in excess of 

forty. 

COUNT I:

WAGE AND HOUR FEDERAL STATUTORY VIOLATION;

FAILURE TO PAY OVERTIME; AGAINST ALL DEFENDANTS

19. Plaintiff LETICIA C. MATEO re-adopts every factual allegation as stated in paragraphs 

1-18 above as if set out in full herein. 

20. This cause of action is brought by Plaintiff LETICIA C. MATEO as a collective action to 

recover from Defendants overtime compensation, liquidated damages, costs, and 

reasonable attorney’s fees under the provisions of the 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”) and 

who worked in excess of forty (40) hours during one or more weeks on or after October

2017, (the “material time”) without being compensated “at a rate not less than one and a 

half times the regular rate at which he is employed.”

21. Defendant EL CHURRASCO GRILL was and is engaged in interstate commerce as 

defined in §§ 3 (r) and 3(s) of the Act, 29 U.S.C. § 203(r) and 203(s)(1)(A). The Defendant 

is a retail business operating as a restaurant and is engaged in interstate commerce. The 

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Defendant had more than two employees recurrently engaged in commerce or in the 

production of goods for commerce by regularly and recurrently ordering restaurant supplies 

produced out of state, by using the instrumentalities of interstate commerce to accept and 

solicit funds from non-Florida sources, by using electronic devices to authorize credit card 

transactions. Upon information and belief, the proportional annual gross revenue of the 

Employer/Defendant was always in excess of $500,000 per annum. Therefore, there is 

FLSA enterprise coverage.

22. Plaintiff and those similarly situated were employed by an enterprise engaged in interstate 

commerce. Plaintiff and those similarly situated, through their daily activities engaged in 

interstate commerce. The Plaintiff regularly handled and worked on goods and materials

that were moved across State lines at any time in the course of business. Therefore, there 

is FLSA individual coverage.

23. The Defendants EL CHURRASCO GRILL and EVER SANTIZO GONZALEZ employed 

Plaintiff LETICIA C. MATEO as a cook and restaurant employee from approximately 

October 01, 2017, to April 20, 2020, or 133 weeks. 

24. The Plaintiff was hired as a full-time, non-exempted, hourly employee. During her 

employment period, the Plaintiff was paid at the rate of $10.00 an hour.

25. During her employment with Defendants, Plaintiff regularly worked 6 days per week. From 

October 01, 2017, to October 31, 2019, or 109 weeks, Plaintiff worked 6 days per week an 

average of 52 hours weekly.

26. From November 2019 to April 20, 2020, or 24 weeks, she worked 6 days per week an 

average of 46 hours weekly. 

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27. While employed by Defendants, Plaintiff always worked more than 40 hours in a week 

period. The Plaintiff was paid for all her hours at her regular rate, but she did not receive 

payment for overtime hours as established by the Fair Labor Standards Act.

28. The Plaintiff clocked in and out, and the Defendants were able to keep track of the hours 

worked by the Plaintiff and other similarly situated individuals.

29. Therefore, Defendants willfully failed to pay Plaintiff overtime hours at the rate of time 

and one-half her 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).

and 29 U.S.C. § 201 et seq.

30. The Plaintiff was paid weekly with checks covering 40 regular hours. Plaintiff was paid 

for the remaining hours strictly in cash. Plaintiff was provided with paystubs that did not 

reflect the number of days and the real number of hours worked every week.

31. The Plaintiff is not in possession of time and payment records, but she will provide a good 

faith estimate based on her best recollections. 

32. The records, if any, concerning the number of hours worked by the Plaintiff and those 

similarly situated, and the compensation paid to such employees should be in the 

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

Defendants did not maintain time accurate records of hours worked by the Plaintiff and 

other employees. 

33. The Defendants violated the record-keeping requirements of FLSA, 29 CFR Part 516.

34. The 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. The Defendants violated the Posting requirements of 29 U.S.C. § 516.4.

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35. 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 is

as follows:

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

figures could be subject to modifications as discovery could dictate.

a. Total amount of alleged unpaid O/T wages:

Seven Thousand Two Hundred Sixty Dollars and 00/100 ($7,260.00)

b. Calculation of such wages:

 Total time of employment: 133 weeks

 Total number of relevant weeks: 133 weeks 

 Regular rate: $10.00 an hour

1. Overtime from October 01, 2017, to October 31, 2019, or 109 weeks

 Total relevant weeks: 109 weeks

Total hours worked: 52 hours weekly

Total overtime hours: 12 O/T hours

Regular rate: $10.00 x 1.5= $15.00 O/T rate

O/T rate: $15.00-$10.00 rate paid=$5.00 half-time O/T difference

O/T half-time $5.00 x 12 O/T hours=$60.00 weekly x 109 weeks=$6,540.00

2. Overtime from November 01, 2019, to April 20, 2020, or 24 weeks

 Total relevant weeks: 24 weeks

Total hours worked: 46 hours weekly

Total overtime hours: 6 O/T hours

Regular rate: $10.00 x 1.5= $15.00 O/T rate

O/T rate: $15.00-$10.00 rate paid=$5.00 half-time O/T difference

O/T half-time $5.00 x 6 O/T hours=$30.00 weekly x 24 weeks=$720.00

Total # 1, and #2=$7,260.00

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

 This amount represents unpaid half-time overtime wages.

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

U.S.C. §207 (a) (1), 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. 

37. Defendants 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 remain

owing Plaintiff and those similarly-situated these overtime wages since the commencement 

of Plaintiff’s and those similarly-situated employee’s employment with Defendants, and 

Plaintiff and those similarly-situated are entitled to recover double damages. 

38. At the times mentioned, individual Defendant EVER SANTIZO GONZALEZ was the 

owner/president and director of Defendant Corporation EL CHURRASCO GRILL. 

Individual Defendant EVER SANTIZO GONZALEZ 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 interest 

of EL CHURRASCO GRILL in relation to its employees including Plaintiff and others 

similarly situated. Individual Defendant EVER SANTIZO GONZALEZ had total 

financial and operational control of the Corporation, he determined Plaintiff’s employment 

terms and conditions of employment and is jointly and severally liable for Plaintiff’s 

damages 

39. Defendants EL CHURRASCO GRILL and EVER SANTIZO GONZALEZ willfully and 

intentionally refused to pay Plaintiff overtime wages at the rate of time and one half her 

regular rate, as required by the law of the United States, and remain owing Plaintiff these

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overtime wages since the commencement of Plaintiff’s employment with Defendants as 

set forth above. 

40. 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. 

PRAYER FOR RELIEF

WHEREFORE, Plaintiff LETICIA C. MATEO and those similarly situated respectfully requests 

that this Honorable Court: 

A. Enter judgment for Plaintiff LETICIA C. MATEO and other similarly situated 

individuals and against the Defendants EL CHURRASCO GRILL and EVER 

SANTIZO GONZALEZ, based on Defendants’ willful violations of the Fair Labor 

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

B. Award Plaintiff LETICIA C. MATEO actual damages in the amount shown to be due 

for unpaid overtime compensation for hours worked more than 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. 

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JURY DEMAND

Plaintiff LETICIA C. MATEO demands trial by a jury of all issues triable as of right by a jury.

Dated: March 25, 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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