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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO.: 1:20-CV-22533

GLADYS LAZARA CASTANEDA,

Plaintiff,

vs.

DIAMOND HEALTH MEDICAL CARE CENTER, INC. and 

GUILLERMO ORTEGA,

Defendants.

______________________________/

COMPLAINT FOR FLSA OVERTIME VIOLATION(S)

Plaintiff, Gladys Lazara Castaneda, sues Defendants, Diamond Health Medical Care 

Center, Inc. and Guillermo Ortega, based on the following good cause:

Parties, Jurisdiction, and Venue

1. Plaintiff, Gladys Lazara Castaneda, was and is a sui juris resident of MiamiDade County, Florida, at all times material. 

2. Plaintiff was an employee of Defendants, as the term “employee” is defined by 29 

U.S.C. §203(e). 

3. Plaintiff was a non-exempt employee of Defendants.

4. Plaintiff consents to participate in this lawsuit 

5. Defendant, Diamond Health Medical Care Center, Inc. (“DHMCC”), 

is a sui juris Florida for-profit corporation with its principal place of business and registered agent 

in this District and it conducts its for-profit business in this District. 

6. Defendant, Guillermo Ortega, was and is an owner / officer / director of the 

corporate Defendant for the relevant time period. He ran its day-to-day operations, made 

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financial decisions for the corporate Defendant, had supervisory authority over Plaintiff, and was 

partially, ultimately, and/or totally responsible for paying Plaintiff’s wages.

7. Defendants were Plaintiff’s direct employers, joint employers and co-employers, as 

that term “employer” is defined by 29 U.S.C. §203 (d). 

8. Both Defendants employed Plaintiff.

9. This Court has original jurisdiction over Plaintiff’s federal question claims 

pursuant to 28 U.S.C. §1331 and 26 U.S.C. §201, et seq.

10. Venue is proper pursuant to 28 U.S.C. §1391(b)(ii) because Defendants transact 

business in this District, because the corporate Defendant maintains its principal place of business 

in this District, and because most if not all of the operational decisions were made in this District, 

while Plaintiff worked in this District, where payment was to be received.

Background Facts

11. Defendants regularly employed two or more employees for the relevant time 

period that handled goods or materials that travelled through interstate commerce, or used 

instrumentalities of interstate commerce, thus making Defendants’ business an enterprise covered 

under the Fair Labor Standards Act. 

12. Defendants have been at all times material engaged in interstate commerce in the 

course of their provision of attendant care and services for others which, traditionally, cannot be 

performed without using goods, materials, supplies, and equipment that have all moved through 

interstate commerce. 

13. Defendants also communicate with their workers by regularly and routinely using 

telephones, Internet, and/or facsimiles.

14. Furthermore, Defendants engage in interstate commerce in the course of their 

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submission of billings and receipt of payment involving out-of-state medical payors and/or the 

United States government. 

15. Defendants’ annual gross revenues derived from this interstate commerce are 

believed to be in excess of $500,000.00 for the relevant time period and/or in excess of $125,000 

for each relevant fiscal quarter.

16. In particular, Defendants own and operate a medical practice that also included 

the provision of primary care, mental health, and behavioral therapy to 

clients/patients/children, and to do so Defendants utilized computers, software, phones, 

computer networking equipment, toner, printers, pens, paper, supplies, furniture, phone systems, 

medications, medical devices, and other materials and supplies that were previously placed in the 

stream of commerce from outside of the State of Florida before being received in this District to 

engage in interstate commerce.

17. Plaintiff worked in a non-exempt capacity for Defendants.

18. In particular, Plaintiff worked for Defendants as a behavioral therapist from 

approximately March/April 2018 to December 31, 2018.

19. Defendants agreed to pay Plaintiff at the rate of $25.00 per hour for each 

client/patient/child they assigned to her and $28.00 per hour for each client/patient/child that 

Plaintiff brought in.

20. Defendants have records identifying the hours that Plaintiff spent performing 

therapy with the clients/patients/children.

21. Defendants instructed Plaintiff that the time she spent traveling between 

appointments during the day and the time she spent on paperwork was not compensable.

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22. Plaintiff regularly and routinely worked more than 40 hours in a workweek for 

Defendants.

23. Any/all conditions precedent to filing this lawsuit occurred and/or was satisfied 

by Plaintiff.

24. Plaintiff retained the undersigned counsel and agreed to pay a reasonable fee for 

all services rendered.

Liability

25. Defendants knew or reasonably should have known that Plaintiff worked more 

than 40 hours during the time she worked for them as a result of their tracking the hours she 

worked and then paying her at her regular rate of pay for all documented hours worked beyond 

40 in a workweek (except for the days worked she was not paid) and by not paying her at all for

the additional time that she spent traveling in between clients and/or for preparing the 

documentation she submitted.

26. Defendants willfully and intentionally refused to pay Plaintiff wages at a rate of 

time and one-half times her regular rate of pay for each of the overtime hours she worked during 

the relevant time period.

27. Defendants either recklessly failed to investigate whether their failure to pay 

Plaintiff an overtime wage for the hours she worked during the relevant time period violated the 

Federal Wage Laws of the United States, they intentionally misled Plaintiff to believe that 

Defendants were not required to pay an overtime rate, and/or Defendants concocted a scheme 

pursuant to which the deprived Plaintiff the overtime pay earned

28. Plaintiff is entitled to a backpay award of overtime wages for all overtime hours 

worked, plus an equal amount as a penalty/liquidated damages, plus all attorneys’ fees and costs.

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WHEREFORE Plaintiff, Gladys Lazara Castaneda, demands the entry of a judgment in 

her favor and against Defendants, Diamond Health Medical Care Center, Inc. and Guillermo 

Ortega, jointly and severally, and after trial by jury and as follows:

a. That Plaintiff recovers compensatory overtime wage damages and an 

equal amount of liquidated damages as provided under the law and in 29 

U.S.C. § 216(b) – or interest on the unpaid wages if no liquidated damages 

are awarded;

b. That Plaintiff recovers pre-judgment interest on all unpaid overtime wages 

if the Court does not award liquidated damages;

c. That Plaintiff recovers an award of reasonable attorneys’ fees, costs, and 

expenses pursuant to the FLSA;

d. That Plaintiff recovers all interest allowed by law;

e. That Defendants be Ordered to make Plaintiff whole by providing 

appropriate overtime pay and other benefits wrongly denied in an amount 

to be shown at trial and other affirmative relief; 

f. That the Court declare Defendants to be in willful violation of the 

overtime provisions of the FLSA; and 

g. Such other and further relief as the Court deems just and proper.

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DEMAND FOR JURY TRIAL

Plaintiff, Gladys Lazara Castaneda, demands a trial by jury of all issues so triable.

Respectfully submitted this 19th day of June 2020.

s/Brian H. Pollock, Esq.

Brian H. Pollock, Esq. (174742)

brian@fairlawattorney.com

FAIRLAW FIRM

7300 N. Kendall Drive

Suite 450

Miami, FL 33156

Tel: 305.230.4884

Counsel for Plaintiff

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