7300 N. Kendall Drive, Suite 450, Miami, FL 33156

TEL 305.230.4884 FAX 305.230.4844

www.fairlawattorney.com

1

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO.: 1:20-CV-22430

MARIA ELENA CHAVEZ LETONA,

Plaintiff,

vs.

MARIA HOME CARE CORP, 

JENNIFER QUINTAS, and 

LESBIA ANZOATEGUI,

Defendants.

______________________________/

COMPLAINT FOR FLSA OVERTIME VIOLATION(S)

Plaintiff, Maria Elena Chavez Letona, sues Defendants, Maria Home Care Corp, 

Jennifer Quintas, and Lesbia Anzoategui, as follows:

Parties, Jurisdiction, and Venue

1. Plaintiff, Maria Elena Chavez Letona, is over 18 years old and has been a 

sui juris resident of Miami-Dade County, Florida, at all times material. 

2. Plaintiff was an hourly 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, Maria Home Care Corp, is a sui juris Florida for-profit 

corporation that was authorized to conduct and actually conducted its for-profit business in 

Miami-Dade County, Florida, at all times material, where it maintains its principal place of 

business. 

Case 1:20-cv-22430-CMA Document 1 Entered on FLSD Docket 06/12/2020 Page 1 of 6
7300 N. Kendall Drive, Suite 450, Miami, FL 33156

TEL 305.230.4884 FAX 305.230.4844

www.fairlawattorney.com

2

6. Defendant, Jennifer Quintas, was at all times material an 

officer/director/manager of Maria Home Care Corp, for the time period relevant to this lawsuit. 

She ran Maria Home Care Corp’s day-to-day operations, was responsible for all operational 

decisions, was partially or totally responsible for paying Plaintiff’s wages and controlling her 

work.

7. Defendant, Lesbia Anzoategui, was at all times material an 

officer/director/manager of Maria Home Care Corp, for the time period relevant to this lawsuit. 

She also ran its day-to-day operations, was responsible for all operational decisions, and was 

partially or totally responsible for paying Plaintiff’s wages and controlling her work.

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

for purposes of the FLSA, as the term “employer” is defined by 29 U.S.C. §203(d). 

9. All Defendants employed Plaintiff.

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

business in this District, because Defendants, Maria Home Care Corp, maintained its principal 

places of business in this District, because Plaintiff worked and was due to be paid in MiamiDade County, and because most if not all of the operational decisions were made in this District.

11. This Court has original jurisdiction over Plaintiff’s federal question claim pursuant 

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

Facts

12. 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 

by the Fair Labor Standards Act.

Case 1:20-cv-22430-CMA Document 1 Entered on FLSD Docket 06/12/2020 Page 2 of 6
7300 N. Kendall Drive, Suite 450, Miami, FL 33156

TEL 305.230.4884 FAX 305.230.4844

www.fairlawattorney.com

3

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

course of their provision of care and services which, traditionally, cannot be performed without 

using goods, materials, medication, supplies, and equipment that have all moved through 

interstate commerce. 

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

submission of billings and receipt of payment involving out-of-state medical payors. 

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.

16. In particular, Defendants own and operate at least one group home facility that 

that provides sub-acute care to the elderly and/or infirmed who require only general treatment 

and/or observation of a less critical nature that provided by a hospital and utilize computers, 

software, medical equipment and supplies, telephones, phone systems, and other materials and 

supplies to engage in interstate commerce. 

17. Defendants obtain, solicit, exchange and send funds to and from outside of the 

State of Florida, regularly and recurrently use telephonic transmissions going outside of the State 

of Florida to conduct business, and transmit electronic information through computers, the 

internet, via email, and otherwise outside of the State of Florida in the course of their business.

18. Defendants hired Plaintiff to work for them as a health assistant.

19. As a domestic service employee working for Defendants, Plaintiff was at all times 

material entitled to the protections of the FLSA pursuant to 29 C.F.R. §552.100.

20. Plaintiff worked for Defendants from about March 2009 to February 14, 2020. 

21. To the extent that records exist regarding the exact dates of Plaintiff’s 

employment exist, such records are believed to be in the custody of Defendants.

Case 1:20-cv-22430-CMA Document 1 Entered on FLSD Docket 06/12/2020 Page 3 of 6
7300 N. Kendall Drive, Suite 450, Miami, FL 33156

TEL 305.230.4884 FAX 305.230.4844

www.fairlawattorney.com

4

22. Defendants began paying Plaintiff at a rate of $50 per day, which they raised to 

$60 per day, and then to $70 per day during her employment with Defendants.

23. Plaintiff would regularly and routinely work more than 40 hours in a workweek

for Defendants.

Liability

24. Defendants failed and refused to pay Plaintiff overtime wages calculated at time 

and one-half of his regular hourly rate(s) of pay for all hours that she worked over 40 hours in a 

given workweek.

25. 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.

26. 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.

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

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

28. Any/all condition(s) precedent to filing this lawsuit occurred and/or was satisfied 

by Plaintiff.

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

all services rendered.

Case 1:20-cv-22430-CMA Document 1 Entered on FLSD Docket 06/12/2020 Page 4 of 6
7300 N. Kendall Drive, Suite 450, Miami, FL 33156

TEL 305.230.4884 FAX 305.230.4844

www.fairlawattorney.com

5

WHEREFORE Plaintiff, Maria Elena Chavez Letona, demands the entry of a judgment 

in her favor and against Defendants, Maria Home Care Corp, Jennifer Quintas, and Lesbia 

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

a. That Plaintiff recover compensatory overtime wage damages and an equal 

amount of liquidated damages as provided under the law and in 29 U.S.C. 

§ 216(b);

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

if the Court does not award liquidated damages;

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

expenses pursuant to the FLSA;

d. That Plaintiff recover 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.

Case 1:20-cv-22430-CMA Document 1 Entered on FLSD Docket 06/12/2020 Page 5 of 6
7300 N. Kendall Drive, Suite 450, Miami, FL 33156

TEL 305.230.4884 FAX 305.230.4844

www.fairlawattorney.com

6

DEMAND FOR JURY TRIAL

Plaintiff, Maria Elena Chavez Letona, demands a trial by jury of all issues so triable.

Respectfully submitted this 12th day of June 2020,

s/Brian H. Pollock, Esq.

Brian H. Pollock, Esq. (174742)

brian@fairlawattorney.com

FAIRLAW FIRM

Counsel for Plaintiff

7300 North Kendall Drive

Suite 450

Miami, FL 33156

Tel: 305.230.4884

Case 1:20-cv-22430-CMA Document 1 Entered on FLSD Docket 06/12/2020 Page 6 of 6