UNITED STATES DISTRICT COURT 

SOUlHERN DISTRICT OF FLORIDA 

MIAMI DIVISION 

CASE NO.: 1 :20cv22182

GISNET TI-UMOOENE, 

Plaintiff, 

vs. 

JC BAKESHOP, INC. and 

SHELLY A. POWERS, 

Defendants. 

------------' 

COMPLAINT FOR DAMAGES UNDER THE 

FAIR LABOR STANDARDS ACT 

COMES NOW the Plaintiff GISNET THIMOGENE, by and through the undersigned 

counsel, and hereby sues Defendants JC BAKESHOP, INC. and SHELLY A. POWERS, 

individually, and alleges: 

JURISDICTION, VENUE, AND PARTIES 

1. This is an action to recover money damages for m1paid 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 GISNET THIMOGENE is a resident of Miami-Dade Com1ty, Florida, within the

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

Act.

3. Corporate Defendant JC BAKESHOP, INC. is a Florida corporation, having its main place

of business in Miami-Dade Com1ty, Florida, where Plaintiff worked for the corporate

Defendant, and at all material times was and is engaged in interstate commerce.

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4. The individual Defendant SHELLY A. POWERS was and is now the

FresidentWice-President/Secretary/Treasurer and sole Director of and operates Defendant

JC BAKESHOP, INC., making her Plaintiff's employer within the meaning of §203(d) of

the Act and, thus, jointly liable for Plaintiffs damages.

GENERAL ALLEGATIONS

5. Defendant JC BAKESHOP, INC. is a wholesale bakery located at 500 W. 18^ Street,

Hialeah, Florida.

6. Defendants employed Plaintiff as a baker.

7. Defendants employed Plaintiff from 2013 through the present. Plaintiffs relevant weeks of

employment are 138 weeks.

8. Plaintiff was a non-exempt hourly employee that was entitled to the payment of overtime

hours at the rate of time and a half his regular rate. However, Plaintiff worked in excess of

40 hours in a week without receiving proper overtime compensation.

9. Defendants' failure to pay Plaintiff is contrary to the provisions of §207(a)(l) of the Act.

10. Defendants' failure to pay was a willful violation of the Act.

11. Plaintiff seeks to recover any unpaid overtime hour at the rate of time and one half of his

regular rate and other relief as allowable by law.

COUNT 1:

WAGE AND HOUR FEDERAL STATUTORY VIOLATION; FAILURE

TO PAY OVERTIME AGAINST ALL DEFENDANTS

12. Plaintiff re-adopts each and every factual allegation as stated in paragraphs 1-11 above as if

fully set forth herein.

13. This action is brought by Plaintiff GISNET THIMOGENE to recover from the Employer

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unpaid overtime compensation, as well as an additional amount as liquidated damages,

interest, costs, and reasonable attomey's fees under the provisions of 29 U.S.C. §201 et

seq., and specifically under the provisions of 29 U.S.C. §207. 29 U.S.C. §207(a)(l), which

provides: "No employer shall employ any of his employees ... for a work week longer than

40 hours unless such employee receives compensation for his employment in excess of the

hours above-specified at a rate not less than one and a half times the regular rate at which

he is employed."

14. Defendant (Inc.) was engaged in interstate commerce as defined in 29 U.S.C. §203(r) and

§203(s)(l)(A). Defendant is a wholesale bakery that has more than two employees

recurrently engaged in commerce or in the production of goods for commerce by the

bakery in the following ways: ordering food products, equipment, and supplies produced

or originated out of state, and initiating credit card transactions and handling goods and

materials that were moved across state lines. Upon information and belief, the annual gross

revenue of the Employer/Defendant was at all times material hereto in excess of

$500,000.00 per annum. By reason of the foregoing. Defendant JC BAKESHOP, INC.'s

business activities involve those which the Fair Labor Standards Act applies. Therefore,

this is enterprise coverage.

15. During his employment with Defendant in the relevant weeks. Plaintiff worked 72 hours in

a week without receiving overtime compensation at the rate of time and one half his regular

rate for every hour he worked in excess of 40 in a workweek. Plaintiff worked six days a

week from Sunday to Saturday moming. On Mondays, Plaintiff worked from noon to 2:30

a.m. the following day; on the other days, he worked from 3:00 p.m. to 2:30 a.m. the next

day. (After leaving work on Saturday at 2:30 a.m., he did not return to work until Sunday at

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3:00 p.m.)

16. The records, if any, concerning the number of hours actually worked by Plaintiff should be

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

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

17. Defendant violated the record keeping requirements of FLSA, 29 CFR Part 516.

18. Prior to the completion of discovery and to the best of Plaintiff s knowledge, at the time of

the filing of this complaint. Plaintiffs good faith estimate of unpaid wages are as follows:

a. Total amount of alleged unpaid wages:

Sixty-One Thousand Two Hundred Five Dollars and 76/100 ($61,205.76)

b. Calculation of such wages:

Total time of employment: since 2013

Relevant time of employment: 138 weeks

Total hours worked weekly: 72 hours

Total overtime hours worked weekly: 32 hours

Regular Rate: $9.25/hr x 1.5 = $13.86 0/T rate

$13.86 0/T rate x 32 0/T hours weekly = $443.52 x 138 weeks = $61,205.76.

c. Nature of wages (e.g.. overtime or straight time): This amount represents the

unpaid overtime.

19. At all times material hereto. Defendants failed to comply with 29 U.S.C. §§201-219 and 29

C.F.R §516.2 and §516.4 et seq. in that Plaintiff worked in excess of the maximum hours

provided by the Act but no provision was made by Defendants to properly pay him at the

rate of time and one half for all hours worked in excess of forty (40) hours per workweek as

provided in the Act.

20. Defendants knew the provisions of the Fair Labor Standards Act concerning the payment

of overtime wages, yet showed a willful disregard of same concerning the payment of same

and remain owing Plaintiff these overtime wages for the three year period immediately

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preceding the filing of this lawsuit. Plaintiff is entitled to recover double damages.

21. Defendant never posted any notices as required by the Fair Labor Standards Act and

Federal Law to inform employees of their federal rights to overtime and minimum wage

payments. Defendants violated the posting requirements of 29 U.S.C. §516.4.

22. During the entire relevant time period during which overtime wages were owed but not

paid, the individual Defendant was and is now the

PresidentA^ice-President/Secretary/Treasurer and sole director of Defendant JC

BAKESHOP, INC. Defendant SHELLY A. POWERS was the Plaintiffs employer in that

she acted directly in the interests of Defendant JC BAKESHOP, INC. in relation to its

employees, including Plaintiff. Defendant SHELLY A. POWERS had full operational

control of the business, provided Plaintiff with his work schedules, and requested him to

work overtime hours, and is thus jointly liable with the corporate defendant for Plaintiff s

damages.

23. Defendants willfully and intentionally refused to pay Plaintiff overtime wages as required

by the law of the United States, and remain owing Plaintiff these overtime wages for the

time period set forth above.

24. Plaintiff has retained the law offices of the undersigned attorney to represent him in this

action and is obligated to pay a reasonable attorneys' fee.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that this Honorable Court:

A. Enter judgment for Plaintiff against Defendants on the basis of Defendants' willful

violations of the Fair Labor Standards Act; and

B. Award Plaintiff actual damages in the amount shown to be due for unpaid overtime

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compensation for hours worked in excess of 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.

WHEREFORE, Plaintiff demands judgment against the Employer for payment at the rate

of time and one half for all hours worked in excess of forty (40) per workweek for which she has

not been paid, liquidated damages and treble damages, reasonable attorney's fees, pursuant to 29

U.S.C. §201 et seq., and costs of suit, and for all proper relief including pre-judgment interest.

VERIFICATION

Under penalties of perjury, I declare that I have read the foregoing document and

that the facts stated in it are true.

JEFFREY P. (PALE

Florida Bar No.: 471992

Date: ' <3-0'^0

■TURY TRIAL REQUEST

Plaintiff demands trial by jury for his overtime claims.

Respectfully submitted.

lei

...^JaBarNd.: 0471992

Mfrey p. gale, P.A.

9999 N.E. 2"'' Avenue, Suite 304

Miami Shores, FL 33138

Tel: (305) 758-4900

Fax: (305) 758-4949

Primary Email: igale@ieffgalelaw.com

Secondary Email: kgale@,ieffgalelaw.com

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