LAW OFFICE OF LOWELL J. KUVIN

17 EAST FLAGLER STREET ∙ SUITE 223 ∙ MIAMI, FLORIDA 33131 ∙ TEL.: 305.358.6800 ∙ FAX: 305.358.6808

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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

Case No.: 

COMPLAINT

COMES NOW Plaintiff GUSTAVO PEREZ (“Plaintiff”), who was employee of 

Defendant FLORIDA BEAUTY FLORA, INC., a Florida for profit corporation, and RONEN

KOUBI, an individual, and RALPH MILMAN, an individual (“Defendants”), by and through 

undersigned counsel files this Complaint for unpaid overtime wages, liquidated damages, and 

other relief and states as follows: 

1. Plaintiff brings this action for unpaid overtime wages, liquidated damages, and other relief

including attorney’s fees and costs under the Fair Labor Standards Act, 29 U.S.C. § 201, et seq.

2. Plaintiff was a non-exempt employee of Defendants who worked at Defendants’ place of 

business. 

3. Throughout Plaintiff’s employment, he was not exempt from overtime. Plaintiff was paid 

a salary for a 40-hour workweek but was never paid for overtime hours worked. 

GUSTAVO PEREZ, 

Plaintiff,

vs.

FLORIDA BEAUTY FLORA, INC., a Florida for 

Profit corporation, RONEN KOUBI, an individual,

and RALPH MILMAN, an individual,

Defendants.

________________________________________/

Case 1:20-cv-21773-XXXX Document 1 Entered on FLSD Docket 04/28/2020 Page 1 of 6
LAW OFFICE OF LOWELL J. KUVIN

17 EAST FLAGLER STREET ∙ SUITE 223 ∙ MIAMI, FLORIDA 33131 ∙ TEL.: 305.358.6800 ∙ FAX: 305.358.6808

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4. Plaintiff was forced to retain the undersigned and asks this Court to award reasonable

attorney’s fees and costs for unpaid overtime wages due under the Fair Labor Standards Act, 29 

U.S.C. § 201, et seq. 

I. JURISDICTION AND VENUE

5. Venue is proper pursuant to 28 U.S.C. § 1391(b)(2) because Defendants transact business 

in this District; because all wages were earned and due to be paid in this District; because 

Defendants’ business is situated in this District; and because most, if not all, of the operational 

decisions were made in this District. 

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

II. PARTIES

7. Plaintiff GUSTAVO PEREZ is over 18 years old and is a sui juris resident of Miami-Dade

County, Florida, at all times material. He was a “salaried,” non-exempt employee of Defendants, 

as the term “employee” is defined by 29 U.S.C. § 203(e). 

8. Defendant FLORIDA BEAUTY FLORA, INC (“FBF”) is a Florida for profit corporation

that employed Plaintiff. 

9. Defendant RONEN KOUBI (“Koubi”), is an individual and sui juris, is the owner and 

manager of FBF. Koubi acted directly and indirectly in the interest of FBF. Koubi managed FBF

and had the power to direct employee actions, including the Plaintiff. Koubi had management 

responsibilities, degree of control over the corporation's financial affairs and compensation 

practices, and was in a position to exert substantial authority over corporate policy relating to 

employee wages and whether to compensate (or not to compensate) Plaintiff in accordance with 

the FLSA, making Defendant Koubi an employer pursuant to 29 USC § 203(d).

Case 1:20-cv-21773-XXXX Document 1 Entered on FLSD Docket 04/28/2020 Page 2 of 6
LAW OFFICE OF LOWELL J. KUVIN

17 EAST FLAGLER STREET ∙ SUITE 223 ∙ MIAMI, FLORIDA 33131 ∙ TEL.: 305.358.6800 ∙ FAX: 305.358.6808

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10. Defendant RALPH MILMAN (“Milman”), is individual, sui juris and an executive/owner

of FBF. Milman acted directly and indirectly in the interest of FBF. Milman managed FBF and 

had the power to direct employee actions, including the Plaintiff. Milman had management 

responsibilities, degree of control over the corporation's financial affairs and compensation 

practices, and was in a position to exert substantial authority over corporate policy relating to 

employee wages and whether to compensate (or not to compensate) Plaintiff in accordance with 

the FLSA, making Defendant Milman an employer pursuant to 29 USC § 203(d).

III. COVERAGE

11. During all material times, Defendant FBF was an enterprise covered by the FLSA, and as 

defined by 29 U.S.C. § 203(r) and 203 (s), in that it was engaged in commerce or in the production 

of goods for commerce within the meaning of 29 U.S.C. § 203(s)(1) of the Act, in that the 

enterprise had employees engaged in commerce or in the production of goods for commerce, or 

employees handling, selling, or otherwise working on goods or materials that have been moved in 

or produced for commerce by any person.

12. During the all material times, Defendant FBF was an employer as defined by 29 U.S.C. § 

203(d).

13. During the all material times, Defendant Koubi was an employer as defined by 29 U.S.C. 

§ 203(d).

14. During the all material times, Defendant Milman was an employer as defined by 29 U.S.C. 

§ 203(d).

15. During all material times, FBF had an annual gross volume of sales made or business done 

of not less than $500,000 (exclusive of excise taxes at the retail level which are separately stated).

Case 1:20-cv-21773-XXXX Document 1 Entered on FLSD Docket 04/28/2020 Page 3 of 6
LAW OFFICE OF LOWELL J. KUVIN

17 EAST FLAGLER STREET ∙ SUITE 223 ∙ MIAMI, FLORIDA 33131 ∙ TEL.: 305.358.6800 ∙ FAX: 305.358.6808

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IV. COUNT I

FAILURE TO PAY OVERTIME WAGE COMPENSATION

IN VIOLATION OF THE FLSA, 29 U.S.C. § 201, et seq

16. Plaintiff reincorporates and re-allege paragraphs 1 through ___ as though set forth fully 

herein and further allege as follows:

17. Defendants hired Plaintiff in 2010 to work as “salaried,” non-exempt employee of the sales

department.

18. Defendants instructed Plaintiff to use the time clock to record his hours. However, after 

Plaintiff complained he was not being compensated for all of the hours he worked, Defendants 

instructed Plaintiff to no longer record his hours and to not use the time clock.

19. Defendants were aware of the number of hours that Plaintiff worked, but for payroll

purposes, Defendants intentionally misclassified Plaintiff as exempt so as to not have to pay 

Plaintiff for the extra hours he worked each pay period.

20. Defendants willfully and intentionally suffered or permitted Plaintiff to work more than 

forty hours per week without paying Plaintiff overtime wages due. 

21. By suffering or permitting Plaintiff to perform work-related duties in excess of forty hours 

per week without compensating Plaintiff at the rate of one-and-a-half Plaintiff’s regular rate of 

pay, Defendants owe Plaintiff one-and-a-half times his regular rate of pay for each hour worked 

in excess of forty hours in a week.

22. Plaintiff’s employment by Defendants ended in February of 2020.

23. As a direct and proximate result of suffering or permitting Plaintiff to perform workrelated duties in excess of forty hours per week without compensating him at the rate of one-anda-half times her regular rate of pay, Plaintiff has been damaged for one or more weeks of work 

with Defendants.

Case 1:20-cv-21773-XXXX Document 1 Entered on FLSD Docket 04/28/2020 Page 4 of 6
LAW OFFICE OF LOWELL J. KUVIN

17 EAST FLAGLER STREET ∙ SUITE 223 ∙ MIAMI, FLORIDA 33131 ∙ TEL.: 305.358.6800 ∙ FAX: 305.358.6808

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24. Defendants willfully and intentionally refused to pay Plaintiff wages as required by the 

FLSA as Defendants knew of the overtime requirements of the FLSA and recklessly failed to 

investigate whether Defendants’ payroll practices were in accordance with the FLSA. 

Defendants remain owing Plaintiff wages for the ls three years.

25. Defendants knew of and/or showed reckless disregard for the provisions of the FLSA 

concerning the payment of overtime wages as required by the FLSA. Defendants were aware, or 

should have been aware, that Plaintiff was not being properly compensated for all work hours, and 

specifically, Defendants were aware that Plaintiff was not being compensated overtime hours at a 

rate of time-and-one-half his regular rate of pay.

WHEREFORE, Plaintiff GUSTAVO PEREZ demands judgment in his favor and against 

Defendants FLORIDA BEAUTY FLORA, INC., a Florida for profit corporation, RONEN

KOUBI, an individual, and RALPH MILMAN, an individual, jointly and severally, as follows:

a) Award to Plaintiff for payment of all hours worked in excess of forty per week at oneand-a-half times his regular rate of pay for the last three years;

b) Award to Plaintiff liquidated damages equal to the payment of all overtime hours at 

one-and-a-half times his regular rate of pay; 

c) Award to Plaintiff reasonable attorneys’ fees and costs; and

d) Award such other and further relief as this Court may deem just and proper.

Case 1:20-cv-21773-XXXX Document 1 Entered on FLSD Docket 04/28/2020 Page 5 of 6
LAW OFFICE OF LOWELL J. KUVIN

17 EAST FLAGLER STREET ∙ SUITE 223 ∙ MIAMI, FLORIDA 33131 ∙ TEL.: 305.358.6800 ∙ FAX: 305.358.6808

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DEMAND FOR JURY TRIAL

Plaintiff demands a trial by jury of all issues so triable.

Respectfully submitted April 28, 2020.

By: s/Lowell J. Kuvin

Lowell J. Kuvin, Esq.

Florida Bar No. 53072

lowell@kuvinlaw.com

legal@kuvinlaw.com

Law Office of Lowell J. Kuvin

17 East Flagler Street, Suite 223

Miami, Florida 33131

Tel.: 305.358.6800

Fax: 305.358.6808

Attorney for Plaintiff

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