UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

FT. LAUDERDALE DIVISION 

 

MICHAEL MITCHELL and STEVEN 

LANGA, on behalf of themselves and 

those similarly situated, 

 

 Plaintiffs, 

 

vs. 

 

NATIONWIDE TRANSPORT SERVICES 

LLC, a Florida Limited Liability 

Company, 

 

 Defendant. / 

CASE NO.: 

COMPLAINT AND DEMAND FOR JURY TRIAL

Plaintiffs, MICHAEL MITCHELL and STEVEN LANGA, on behalf of themselves and 

those similarly situated, by and through the undersigned attorney, sue the Defendant, 

NATIONWIDE TRANSPORT SERVICES LLC, a Florida Limited Liability Company, and 

alleges:

1. Plaintiffs, MICHAEL MITCHELL and STEPHEN LANGA, on behalf of 

themselves and those similarly situated, were employees of Defendant and bring this action for 

unpaid overtime compensation, liquidated damages, and all other applicable relief under the Fair 

Labor Standards Act, as amended, 29 U.S.C. § 216(b) (“FLSA”).

General Allegations

2. Plaintiffs, and those similarly situated were employees who worked at Defendant’s 

property within the last three years in Orange County, Florida.

3. Plaintiffs, and those similarly situated, worked for Defendant as hourly paid 

employees at an hourly rate of $10.00 per hour.

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4. Plaintiffs, and those similarly situated, worked as “Freight Brokers” for Defendant.

5. At all times material to this cause of action, Plaintiffs, and those similarly situated, 

were non-exempt employees and therefore entitled to overtime wages for any and all overtime hours 

worked. 

6. Defendant, NATIONWIDE TRANSPORT SERVICES LLC, is a Florida Limited 

Liability Company that operates and conducts business in Broward County, Florida and is therefore, 

within the jurisdiction of this Court.

7. Defendant, NATIONWIDE TRANSPORT SERVICES LLC, lists its principal 

address as 2937 W. Cypress Creek Road, Suite 101, Fort Lauderdale, Florida 33309. See Florida’s 

Division of Corporations website at www.Sunbiz.org

8. According to Defendant’s website, NATIONWIDE TRANSPORT SERVICES LLC

claims to be a full service auto transport carrier and broker. Defendant utilizes satellite GPS tracking 

systems in their own trucks so customers can see where their vehicle is at all times. See 

https://NationwideTransportServices.com/about.asp

9. Defendant maintains offices in Fort Lauderdale, West Palm Beach, Seattle, 

Anchorage, Dallas, Los Angeles, Phoenix, Boca Raton, and Chicago. Id

10. Defendant, through the Florida Department of Corrections, employs incarcerated 

inmates through a “work release program” that incentivizes employers to hire inmates in exchange 

for tax credits. 

11. Plaintiffs, and those similarly situated, were employed by Defendant through said 

work release program.

12. Plaintiffs were incarcerated in the Orange County Corrections jail located at 3723 

Vision Blvd., Orlando, Florida 32839.

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13. Plaintiffs worked for Defendant at their Orlando office located at 250 N. Orange 

Ave., #1110, Orlando, Florida 32801.

14. Each day that Plaintiffs worked for Defendant through the work release program, 

Plaintiffs were required to abide by certain conditions;

a. Plaintiffs were required to sign in and out when leaving/entering the correctional 

facility.

b. Plaintiffs were required to wear a GPS monitoring device.

c. Plaintiffs were not allowed to leave the vicinity of their employer (250 N. 

Orange Ave., #1110, Orlando, Florida 32801).

15. This action is brought under the FLSA to recover from Defendant overtime 

compensation, liquidated damages, and reasonable attorneys’ fees and costs. 

16. This Court has jurisdiction over Plaintiff’s claims pursuant to 28 U.S.C. §1331 and 

the FLSA.

17. During Plaintiffs’ employment with Defendant, Defendant, NATIONWIDE 

TRANSPORT SERVICES LLC, earned more than $500,000.00 per year in gross sales. 

18. Defendant, NATIONWIDE TRANSPORT SERVICES LLC, employed in excess of 

one-hundred (100) employees and paid these employees plus earned a profit from their business.

19. During Plaintiffs’ employment, Defendant, NATIONWIDE TRANSPORT 

SERVICES LLC, employed at least two employees who handled goods, materials and supplies 

which travelled in interstate commerce such as cars and motorcycles, agricultural equipment such as 

tractors, GPS trackers, and other tools/materials used to run the business. 

20. Therefore, at all material times relevant to this action, Defendant, NATIONWIDE 

TRANSPORT SERVICES LLC, was an enterprise covered by the FLSA, and as defined by 29 

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U.S.C. §203(r) and 203(s). 

21. Additionally, Plaintiffs, and those similarly situated, were/are individually covered 

under the FLSA.

FLSA Violations

22. At all times relevant to this action, Defendant failed to comply with the FLSA

because Plaintiffs, and those similarly situated, performed services for Defendant for which no 

provisions were made by Defendant to properly pay Plaintiffs, and those similarly situated, for all 

overtime hours worked.

23. During their employment with Defendant, Plaintiffs, and those similarly situated,

were not paid time and one-half their regular rate of pay for all hours worked in excess of forty (40) 

per work week during one or more work weeks.

24. Specifically, Defendant failed to compensate Plaintiffs, and those similarly situated, 

for all overtime hours worked during one or more workweeks.

25. Plaintiffs, and those similarly situated, routinely worked in excess of forty (40) hours 

per week.

26. Defendant had a practice of not compensating Plaintiffs for any work beyond 102 

hours per bi-weekly pay period. 

27. Despite working in excess of forty (40) hours per week, Defendant failed to 

compensate Plaintiffs, and those similarly situated, for all overtime hours worked during one or 

more workweeks.

28. Plaintiff is entitled to the full time and one-half compensation ($15.00/Overtime 

hour) for all hours worked in excess of forty (40) per week. 

29. Based upon these above policies, Defendants have violated the FLSA by failing to 

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pay complete overtime pay.

30. Upon information and belief, the records, to the extent any exist, concerning the 

number of hours worked and amounts paid to Plaintiffs are in the possession and custody of 

Defendant.

COUNT I - RECOVERY OF OVERTIME COMPENSATION

31. Plaintiffs reincorporate and readopt all allegations contained within Paragraphs 1-30

above as though stated fully herein. 

32. Plaintiffs, and those similarly situated, are/were entitled to be paid time and one-half 

their regular rate of pay for each hour worked in excess of forty (40) per work week. 

33. During their employment with Defendant, Plaintiffs, and those similarly situated,

worked overtime hours but were not paid time and one-half compensation for all overtime hours 

worked. 

34. Defendant has failed to provide accurate overtime compensation for numerous pay 

periods.

35. Defendant did not have a good faith basis for their decision not to pay Plaintiffs. 

And those similarly situated, full overtime compensation. 

36. As a result of Defendant’s intentional, willful and unlawful acts in refusing to pay 

Plaintiffs, and those similarly situated, time and one-half their regular rate of pay for each hour 

worked in excess of forty (40) per work week in one or more work week, Plaintiffs have suffered 

damages plus incurred reasonable attorneys’ fees and costs.

37. As a result of Defendant’s willful violation of the FLSA, Plaintiffs, and those 

similarly situated, are entitled to liquidated damages.

38. Plaintiffs demand a trial by jury.

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WHEREFORE, Plaintiffs, MICHAEL MITCHELL and STEPHEN LANGA demand

judgment against Defendant for unpaid overtime compensation, liquidated damages, reasonable 

attorneys’ fees and costs incurred in this action, declaratory relief, and any and all further relief that 

this Court determines to be just and appropriate.

Dated this day of May, 2020

Matthew R. Gunter, Esq.

FBN 0077459

Morgan & Morgan, P.A.

20 N. Orange Ave., 16th Floor

P.O. Box 4979

Orlando, FL 32802-4979

Telephone: (407) 420-1414

Facsimile: (407) 867-4791

Email: mgunter@forthepeople.com

Attorneys for Plaintiff

19th

Matthew Gunter (May 19, 2020 11:55 EDT)

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