UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI-DADE DIVISION

CASE NO:

PAUL JACKSON,

Plaintiff,

v.

MIDNIGHT EXPRESS

POWER BOATS, INC.,

a Foreign Profit Corporation, 

Defendant.

/

COMPLAINT AND DEMAND FOR JURY TRIAL

Plaintiff, PAUL JACKSON (“Plaintiff”), pursuant to the Families First Coronavirus 

Response Act - Emergency Paid Sick Leave Act, H.R. 6201, 116th Cong. § 5102, et. seq. (2020),

(hereafter “the FFCRA,” “EPSLA,” or “the Act”), files his Complaint against Defendant, 

MIDNIGHT EXPRESS POWER BOATS, INC. (“Defendant” or “MIDNIGHT EXPRESS”), 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, MIDNIGHT EXPRESS, is a Foreign for Profit Corporation with its registered 

principal business address at 351 NE 185th Street, Miami, FL, 33179. 

3. At all times material hereto, Defendant, MIDNIGHT EXPRESS, was Plaintiff’s employer as 

that term is defined under the Act.

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4. At all times pertinent hereto, Defendant, MIDNIGHT EXPRESS, was Plaintiff’s employer

covered by the Act, because it was engaged in commerce or in an industry or activity affecting 

commerce who employed fewer than 500 employees, prior to the time period in which Plaintiff 

sought leave under the Act.

5. At all times material hereto, Plaintiff was an eligible employee entitled to leave under the Act, 

based on the fact that he (a) attempted to take paid sick leave for being unable to work due to 

experiencing symptoms of COVID-19, and (b) was employed by Defendant for at least 30 

calendar days prior to seeking to exercise his right to FFCRA leave. 

JURISDICTION AND VENUE

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

Florida, within the jurisdiction of this Honorable Court.

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

and 1337. 

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

FACTUAL ALLEGATIONS

9. Plaintiff worked for Defendant as a full-time, hourly employee from approximately

January 2019 through May 2020. 

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

history of performance, attendance, or disciplinary issues. In fact, not once during his 

sixteen (16) months of employment had Plaintiff missed a single day of work or left a work 

shift early. 

11. On May 1, 2020, while at work, Plaintiff began experiencing COVID-19 symptoms, 

including weakness, light-headedness, dizziness, and exhaustion. 

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12. For his own safety and that of those around him, Plaintiff immediately clocked out, 

informed a co-worker that he needed to leave work due to experiencing such symptoms, 

and went home to rest and quarantine himself. 

13. That same day on May 1, 2020, Plaintiff submitted written notice to Defendant’s Human 

Resources (HR) Department, informing the company that he was unable to work because 

he was experiencing COVID-19 symptoms, and requested leave in order to seek treatment 

and/ or diagnosis for his symptoms. 

14. On May 4, 2020, Plaintiff called Defendant’s HR department to follow up regarding his 

written notice requesting leave due to experiencing COVID-19 symptoms. 

15. Plaintiff was informed by HR that Defendant had terminated his employment with 

MIDNIGHT EXPRESS.

16. Despite Plaintiff’s immediate and diligent efforts to seek testing, the earliest test Plaintiff 

could schedule and receive (in fact, did receive) was not until May 12, 2020. 

17. Since Plaintiff’s phone conversation with Defendant’s HR department on May 4, 2020, 

Defendant has ignored Plaintiff’s repeated attempts to contact the company regarding his 

paid sick leave and employment status. 

18. To date, MIDNIGHT EXPRESS has failed to pay Plaintiff for his sick leave.

19. To date, MIDNIGHT EXPRESS has terminated Plaintiff’s employment. 

20. After receiving express notice of Plaintiff’s inability to work due to his experiencing 

COVID-19 symptoms and need to seek medical diagnosis, Defendant was required under 

the Act to provide Plaintiff paid sick leave.

21. Plaintiff was entitled to two (2) weeks or eighty (80) hours of paid leave under the Act 

which, under the circumstances herein, would have been through about May 15, 2020. 

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22. On March 4, 2020, Defendant discharged, disciplined, and/or otherwise discriminated 

against Plaintiff because of his request for leave under the Act. Any other reason for 

Plaintiff’s termination is merely pretext for Defendant’s unlawful termination of Plaintiff. 

23. The temporal proximity of Plaintiff’s written request for leave due to experiencing 

COVID-19 symptoms and his termination creates the presumption that Defendant

retaliated against Plaintiff for attempting to exercise his rights under the Act. 

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

opportunity to earn employment wages, benefits, and other remuneration to which he was 

entitled.

25. As a result of the foregoing, Defendant willfully violated the Act, denied Plaintiff his 

protected paid sick leave rights, and retaliated against him for seeking leave during the 

COVID-19 global pandemic. 

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

Plaintiff is therefore entitled to liquidated damages.

COUNT I – UNPAID SICK LEAVE UNDER THE FFCRA

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

through 26 above.

28. At all times relevant hereto, Plaintiff was protected by the provisions of the FFCRA and 

EPSLA.

29. At all times relevant hereto, Plaintiff was entitled to eighty (80) hours of paid sick leave 

under the Act.

30. Defendant denied Plaintiff protected paid sick leave under the Act.

31. Defendant refused to pay Plaintiff for eighty (80) hours of paid sick time. 

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32. As a result of Defendant’s violation of the Act, it is considered to have failed to pay 

minimum wages in violation of the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 206. 

33. Plaintiff is entitled to recover federal minimum wages for eighty (80) hours of unpaid sick 

time, in the amount of $580.00

34. As a result of Defendants’ willful violation of the Act, Plaintiff is entitled to an additional 

amount of $580.00 in liquidated damages.

35. Therefore, as a result of Defendants’ willful violation of the Act, Plaintiff is entitled to a 

total amount of $1,160.00 for damages in unpaid sick leave. 

36. As a result of Defendant’s willful and unlawful violation of the Act, Plaintiff was required 

to retain the undersigned counsel and is therefore entitled to recover reasonable attorney’s

fees and costs. 

WHEREFORE, Plaintiff, PAUL JACKSON, respectfully requests that this Honorable 

Court enter judgment in his favor and against Defendant, MIDNIGHT EXPRESS POWER 

BOATS, INC., and award Plaintiff the following: (a) unliquidated minimum wage damages in the 

amount of $580.00 to be paid by Defendant; (b) liquidated damages in the amount of $580.00 to 

be paid by Defendant; (c) all reasonable attorney’s fees and litigation costs as permitted under the 

Act and the FLSA; and any and all further relief that this Court determines to be just and 

appropriate under the circumstances. 

COUNT II – UNLAWFUL TERMINATION UNDER THE FFCRA

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

through 26 above.

38. At all times relevant hereto, Plaintiff was protected by the provisions of the FFCRA and 

EPSLA.

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39. Defendant unlawfully discharged Plaintiff based upon Plaintiff’s exercise of his rights 

under the Act by terminating him for attempting to take his protected FFCRA paid sick 

leave during the COVID-19 global pandemic, and further unlawfully discriminated and/or 

disciplined Plaintiff by requiring impossible time conditions for COVID-19 testing. 

40. At all times relevant hereto, Plaintiff was protected from unlawful discharge, discipline, or 

any other discriminatory manner taken against him under the Act.

41. As a result of Defendant’s violation of the Act, it is considered to be in violation of the 

retaliation provision of the FLSA, 29 U.S.C. § 215(a)(3). 

42. As a result of Defendant’s willful violation of the Act, it is subject to the penalties under 

the FLSA, 29 U.S.C. § 216(b). 

43. As a direct result of Defendant’s willful conduct, Plaintiff has suffered loss of back pay, 

loss of future pay, loss of reputation in the community, and has been otherwise damaged 

in an amount to be proven at trial. 

44. Therefore, as a result of Defendants’ willful violation of the Act, Plaintiff is entitled to 

recover reinstatement to his prior position, and/or recovery of lost future wages, recovery 

of his lost back wages to date, and an additional equal amount of lost wages in liquidated 

damages. 

45. As a result of Defendant’s willful and unlawful violation of the Act, Plaintiff was required 

to retain the undersigned counsel and is therefore entitled to recover reasonable attorney’s 

fees and costs. 

WHEREFORE, Plaintiff, PAUL JACKSON, respectfully requests that this Honorable 

Court enter judgment in his favor and against Defendant, MIDNIGHT EXPRESS POWER 

BOATS, INC., and award Plaintiff the following: (a) damages arising from his unlawful 

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termination under the Families First Coronavirus Response Act to be paid by Defendant; (b) all 

reasonable attorney’s fees and litigation costs permitted under the Act, and any and all further 

relief that this Court determines to be just and appropriate under the circumstances. 

DEMAND FOR JURY TRIAL

Plaintiff, PAUL JACKSON, hereby requests and demands a trial by jury on all appropriate 

claims. 

Dated this 25th day of May 2020. Respectfully Submitted,

USA EMPLOYMENT LAWYERS –

JORDAN RICHARDS, PLLC

805 Broward Blvd. Suite 301

Fort Lauderdale, Florida 33301

Ph: (954) 871-0050

Counsel for Plaintiff, Paul Jackson

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 25,

2020. 

By: /s/ Jordan Richards

JORDAN RICHARDS, ESQUIRE

Florida Bar No. 108372

SERVICE LIST:

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