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IN THE UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

WALTER KROLL, on his own behalf 

and others similarly situated,

Plaintiff, 

v. COLLECTIVE ACTION

KVZ GOLF, LLC, a Florida Limited 

Liability Company, d/b/a Palm Cove

Golf and Yacht Club, and 

MIROSLAV VOJTISEK, an individual, 

jointly and severally,

Defendant.

____________________________________/

COMPLAINT

INTRODUCTION

1. Plaintiff, WALTER KROLL, on behalf of himself and those similarly situated, 

sue the Defendant, KVZ GOLF, LLC, a Florida Limited Liability Company, d/b/a Palm 

Cove Golf and Yacht Club, for failing to pay minimum wages to all unpaid cart attendants, 

rangers and range pickers, however variously titled (hereinafter “cart attendants, rangers, and 

range pickers” or “class members”) pursuant to the Fair Labor Standards Act of 1938, 29 

U.S.C. § 201, et seq. (hereinafter “FLSA”), the Florida Minimum Wage Act, Florida Statutes 

§448.110 (FMWA), and Fla. Const. Art. X §24.

JURISDICTION

2. This Court has jurisdiction over this action pursuant to the Fair Labor 

Standards Act of 1938 (“FLSA”), as amended, 29 U.S.C. §216(b), 28 U.S.C. §1331 and 1337, 

the Florida Minimum Wage Act (“FMWA”), Florida Statutes §448.110(6), and Fla. Const. 

Art. X §24.

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VENUE

3. Venue is proper in this Court under 28 U.S.C. §1391(b)(2) because a substantial 

part of the events or omissions giving rise to the claims occurred in Martin County, Florida 

and within the Southern District of Florida.

PARTIES

4. Plaintiff, WALTER KROLL (“Named Plaintiff”), is an individual residing in 

Martin County, Florida, and is sui juris, and was employed by Defendants as a cart attendant.

5. Defendant, KVZ GOLF, LLC, is a Florida Limited Liability Company that at 

all times material to this Complaint has owned and operated a golf course d/b/a Palm Cove 

Golf and Yacht Club in Palm City, Florida in Martin County, within the jurisdiction of this 

Court. Defendant MIROSLAV VOJTISEK is the owner and operator of Palm Cove Golf and 

Yacht Club and is a proper defendant pursuant to the FLSA and FMWA. Defendants KVZ 

GOLF, LLC and MIROSLAV VOJTISEK shall hereinafter be referred to as “Defendant”.

6. The acts complained of herein were committed in Martin County, Florida.

7. The Named Plaintiff worked for Defendant as a cart attendant in Palm City, 

Florida between approximately October 15, 2016 and April 10, 2020.

8. The proposed class members are unpaid cart attendants, rangers and range 

pickers who worked for Defendant during any work weeks within the last five (5) years.

9. The Named Plaintiff and the proposed class members were subjected to the 

same violations of the FLSA and FMWA. More specifically, Defendant failed to pay any 

direct wages whatsoever to the Named Plaintiff and the other similarly situated employees. 

Instead, the Named Plaintiff and other similarly situated cart attendants, rangers and range 

pickers received tips and the privilege to play golf at no charge (golf privileges) for carrying 

out their duties for Defendant but they were not paid by Defendant at the rate(s) of 

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$8.05/hour in 2015 and 2016, $8.10/hour in 2017, $8.25/hour in 2018, $8.46/hour in 2019 

and $8.54/hour for 2020, for each and every hour worked. 

GENERAL FACTUAL ALLEGATIONS

10. The Named Plaintiff and those similarly situated to him have worked as cart 

attendants, rangers and range pickers and were entitled under Florida law to be paid by 

Defendant at the rate(s) of $8.05/hour in 2015 and 2016, $8.10/hour in 2017, $8.25/hour in 

2018, $8.46/hour in 2019 and $8.54/hour for 2020 for each and every hour worked within 

the past five (5) years.

11. At all material times material to this Complaint during one or more work weeks 

within the last five (5) years, Defendant failed to pay any direct wages whatsoever to the 

Named Plaintiff and other similarly situated cart attendants, rangers, and range pickers for 

any of the hours they worked each week for Defendant.

12. More specifically, the Named Plaintiff worked for Defendant as a cart 

attendant between October 2016 and April 10, 2020 and regularly worked an average of three 

(3) days per week with shifts that typically ranged between six and eight hours averaging a 

total of approximately Twenty-One (21) hours per week, all without being paid the minimum 

wages required by Florida law for each and every hour worked for Defendant, such that based 

upon the Named Plaintiff being owed an average of 21 hours per week during approximately 

32 work weeks each year. Named Plaintiff’s damages are more particularly described as 

follows:

October 15, 2016 through December 31, 2016 (11 weeks)

2016 Minimum Wage: $8.05/hr

Total of 231 hours (21 hrs times 11 weeks) @ $8.05/hr = $1,859.55

January 1, 2017 through May 31, 2017 (21 weeks)

2017 Florida Minimum Wage: $8.10/hr

Total of 441 hours (21 hrs times 21 weeks) @ $8.10/hr = $3,572.10

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October 15, 2017 through December 31, 2017 (11 weeks)

2017 Florida Minimum Wage: $8.10/hr

Total of 231 hours (21 hrs times 11 weeks) @ $8.10/hr = $1,871.10

January 1, 2018 through May 31, 2018 (21 weeks)

2018 Florida Minimum Wage: $8.25/hr

Total of 441 hours (21 hrs times 21 weeks) @ $8.25/hr = $3,638.25

October 15, 2018 through December 31, 2018 (11 weeks)

2018 Florida Minimum Wage: $8.25/hr

Total of 231 hours (21 hrs times 11 weeks) @ $8.25/hr = $1,905.75

January 1, 2019 through May 31, 2019 (21 weeks)

Florida Minimum Wage: $8.46/hr

Total of 441 hours (21 hrs times 21 weeks) @ $8.46/hr = $3,730.86

October 15, 2019 through December 31, 2019 (11 weeks)

2019 Florida Minimum Wage: $8.46/hr

Total of 231 hours (21 hrs times 11 weeks) @ $8.46/hr = $1,954.26

January 1, 2020 through April 10, 2020 (14 weeks)

Florida Minimum Wage: $8.56/hr

Total of 294 hours (21 hrs times 14 weeks) @ $8.56/hr = $2,516.64

Total of all minimum wages for all years - $21,048.51

Liquidated damages - $21,048.51

Total minimum wages and liquidated damages $42,097.02

13. At all times material to this Complaint, Defendant was engaged in interstate 

commerce or in the production of goods for commerce within the meaning of 29 U.S.C. § 

203(s)(1) of the FLSA and §448.110(6) of the FMWA.

14. At all times material to this Complaint, the annual gross sales volume of 

Defendant was in excess of $500,000.00 per annum.

15. Defendant’s employees ran credit and/or bank (debit) card transactions on a 

daily basis which transacted business in interstate commerce on a daily basis and also handled 

such goods as golf balls, golf clubs, golf carts, flagsticks, and golf ball range servers which had 

travelled in interstate commerce.

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16. At all times material to this Complaint, Defendant has constituted an enterprise 

engaged in interstate commerce or in the production of goods for commerce as defined by 

law.

17. At all times material to this Complaint, the Named Plaintiff and other similarly 

situated cart attendants, rangers, and range pickers were employees of Defendant within the 

meaning of the FLSA and FMWA.

18. At all times material to this Complaint, Defendant was an employer of the 

Named Plaintiff and the other similarly situated cart attendants, rangers, and range pickers

within the meaning of the FLSA and FMWA.

19. At all material times material hereto to this Complaint, Defendant was subject 

to the Florida Constitution’s provisions on minimum wages.

20. During the statute of limitations period, Defendant has employed the Named 

Plaintiff and dozens of other cart attendants, rangers, and range pickers (“class members” or the 

“class”) at Palm Cover Golf and Yacht Club in Palm City, Florida, who were subject to the 

same illegal pay policies and who worked positions and schedules that are similar to that of the 

Named Plaintiff. 

21. The Named Plaintiff and the class members worked for Defendant within the 

State of Florida without being paid at least the full minimum wage for all hours worked due 

to Defendant’s illegal policy and practice of attempting to use tips paid by customers and golf 

privileges as a substitute for Defendant’s obligation to pay the Named Plaintiff and other 

similarly situated cart attendants, rangers, and range pickers at the minimum wage required 

by Florida law for each and every worked for Defendant during one or more work weeks 

within the past five (5) years.

22. Defendant controlled and/or was responsible for the work of class members.

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23. The Named Plaintiff and all similarly situated employees did a specific job for 

Defendant, namely retrieving, storing, cleaning, charging, refueling, and assigning golf carts, 

which was and is an integral part of Defendant’s business in operating a golf course. 

24. For the foregoing reasons, Defendant has violated and continues to violate the 

FLSA and FMWA and Florida Constitution’s provisions on minimum wages.

25. As a result of Defendant’s common policy, the Named Plaintiff and each similarly 

situated cart attendant is entitled to receive $8.05/hour for each hour worked in 2015 and 2016, 

$8.10/hour for each hour worked in 2017, $8.25/hour for each hour worked in 2018, 

$8.46/hour for each hour worked in 2019, and $8.54/hour for each hour worked in 2020. 

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

number of hours worked and amounts paid to the Named Plaintiff and other similarly situated 

cart attendants, rangers, and range pickers are in the possession and custody of Defendant.

LEGAL CLAIMS

COUNT I as to Plaintiff and Other Similarly Situated Employees: 

Failure to Pay Minimum Wages in Violation of 29 U.S.C. § 206 By All Defendants

27. The Named Plaintiff realleges and reincorporates all allegations contained in 

Paragraphs 1 through 26 as though fully stated herein. 

28. At all relevant times, Defendant has been, and continue to be, an employer 

engaged in interstate commerce and/or the production of goods for commerce, under the 

FLSA.

29. At all relevant times to this Complaint, Defendant employed, and/or continues 

to employ the Named Plaintiff and similarly situated cart attendants, rangers, and range 

pickers. 

30. As set forth above, Defendant has throughout the applicable limitations period 

within the past three (3) years and continuing through the present, had a policy and practice 

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of attempting to use tips paid by customers and golf privileges as a substitute for Defendant’s 

obligation to pay the Named Plaintiff and other similarly situated cart attendants, rangers, 

and range pickers at the minimum wage required by Florida law for each and every worked 

for Defendant during one or more work weeks within the past three (3) years, with Defendant 

paying the Named Plaintiff and the other similarly situated cart attendants, rangers, and range 

pickers no direct hourly wages whatsoever.

31. Defendant’s policy and practice violates the FLSA’s minimum wage

requirements. 

32. Defendant’s failure to pay the Named Plaintiff and other cart attendants, 

rangers, and range pickers the full minimum wage is a violation of the FLSA, 29 U.S.C. §§ 

206 and 18(a).

33. Defendant never provided the Named Plaintiff or the other similarly situated 

class members with proper notice required by the law and its implementing regulations that 

any amount of the Named Plaintiff’s and other class members’ tips would count toward 

satisfying Defendant’s minimum wage obligation, such that Defendant is not entitled to any 

benefit of the law’s tip-credit provisions.

34. The foregoing acts and conduct of Defendant, as alleged, constitutes a willful 

violation of the FLSA.

COUNT II as to Plaintiff and Other Similarly Situated Employees: 

Failure to Pay Minimum Wages in Violation of Florida Minimum Wage Act F.S. 

§448.110 By All Defendants

35. The Named Plaintiff realleges and reincorporates all allegations contained in 

Paragraphs 1 through 26 as though fully stated herein. 

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36. At all relevant times, Defendant has been, and continue to be, an employer 

engaged in interstate commerce and/or the production of goods for commerce, under the 

Florida Minimum Wage Act.

37. At all relevant times to this Complaint, Defendant employed, and/or continues 

to employ the Named Plaintiff and similarly situated cart attendants, rangers, and range 

pickers. 

38. As set forth above, Defendant has throughout the applicable limitations period 

within the past five (5) years and continuing through the present, had a policy and practice of 

attempting to use tips paid by customers and golf privileges as a substitute for Defendant’s 

obligation to pay the Named Plaintiff and other similarly cart attendants, rangers, and range 

pickers at the minimum wage required by Florida law for each and every worked for 

Defendant during one or more work weeks within the past five (5) years, with Defendant 

paying the Named Plaintiff and the other similarly situated cart attendants, rangers, and range 

pickers no direct hourly wages whatsoever.

39. Defendant’s policy and practice violates the Florida Minimum Wage Act’s 

requirements. 

40. Defendant’s failure to pay the Named Plaintiff and other cart attendants, 

rangers, and range pickers the full minimum wage is a violation of the Florida Minimum 

Wage Act, F.S. §448.110.

41. Defendant never provided the Named Plaintiff or the other similarly situated 

class members with proper notice required by the law and its implementing regulations that 

any amount of the Named Plaintiff’s and other class members’ tips would count toward 

satisfying Defendant’s minimum wage obligation, such that Defendant is not entitled to any 

benefit of the law’s tip-credit provisions.

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42. The foregoing acts and conduct of Defendant, as alleged, constitutes a willful 

violation of the Florida Minimum Wage Act.

PRAYER FOR RELIEF

WHEREFORE, Named Plaintiff and all employees similarly situated who join in this 

action pray for this Court to enter an order certifying a collective action pursuant to section 

216(b) for violations of the FLSA, and F.S. §448.110, and pray for this Court to grant the 

following relief:

A. To authorize the issuance of notice at the earliest possible time to all current 

and former employees who were employed by Defendant who were similarly deprived of 

minimum wages. This notice should inform them that this action has been filed, describe the 

nature of the action, and explain their right to opt into this lawsuit if they were not paid 

minimum wages as required by the FLSA and the FMWA;

B. To declare that Defendant has violated the minimum wage provisions of the 

FLSA, 29 U.S.C. §§ 206 and 18(a), and F.S. §448.110, as to Named Plaintiff and persons 

similarly situated;

C. To declare that Defendant’s violations of the FLSA and FMWA were willful;

D. To award Named Plaintiff and other similarly situated current and former 

employees of Defendant adequate damages for the amount of unpaid minimum wage 

compensation they are owed, subject to proof at trial;

E. To award Named Plaintiff and other similarly situated current and former 

employees of Defendant liquidated damages in an amount equal to the unpaid minimum 

wages shown to be paid late pursuant to 29 U.S.C. §216(b) and the FMWA;

F. To make the same declarations and awards as prayed for in paragraphs A-E 

above as to all persons who opt into this action pursuant to 29 U.S.C. §216(b) and the FMWA; 

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and

G. To award Named Plaintiff and other similarly situated current and former 

employees of Defendant their reasonable attorneys’ fees and costs pursuant to 29 U.S.C. 

§216(b) and the FMWA. 

Jury Demand

Plaintiff demands a trial by jury on all issues so triable as a matter of right.

CONSENT TO JOIN

PURSUANT TO 29 U.S.C. §216(b)

I, Walter Kroll, hereby consent and agree and opt-in to become a plaintiff in this lawsuit 

brought under the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. § 201, et seq., and 

Florida Minimum Wage Act, F.S. §448.110.

/s/Walter Kroll

Walter Kroll

Dated: May 15, 2020

Respectfully submitted,

By: /s/Robert S. Norell, Esq.

Robert S. Norell, Esq.

Fla. Bar No. 996777

E-Mail: rob@floridawagelaw.com

ROBERT S. NORELL, P.A.

300 N.W. 70th Avenue

Suite 305

Plantation, FL 33317

Telephone: (954) 617-6017

Facsimile: (954) 617-6018

Counsel for Named Plaintiff

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