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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

CASE NO.: 

JAVIER A. GONZALEZ,

and other similarly situated individuals,

Plaintiff,

v. 

VMSB, LLC

d/b/a CASA CASUARINA

d/b/a GIANNI’S

Defendant.

________________________________/ 

COMPLAINT

(OPT-IN PURSUANT TO 29 U.S.C § 216(b))

COMES NOW the Plaintiff JAVIER A. GONZALEZ, by and through the undersigned 

counsel, and hereby sues Defendant VMSB, LLC d/b/a CASA CASUARINA, d/b/a GIANNI’S

and alleges: 

1. This is an action to recover money damages for unpaid overtime wages under the laws of 

the United States. This Court has jurisdiction pursuant to Title 28 U.S.C. § 1337 and by 

Title 29 U.S.C. § 201-219, § 216(b), the Fair Labor Standards Act, “the Act”, (Section 216 

for jurisdictional placement).

2. Plaintiff JAVIER A. GONZALEZ is a resident of Miami-Dade County, within the 

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

Act.

3. Defendant VMSB, LLC d/b/a CASA CASUARINA, d/b/a GIANNI’S (hereinafter CASA 

CASUARINA, or Defendant) is a Florida corporation which has a place of business within 

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the jurisdiction of this Court. At all times, the Defendant was and is engaged in interstate 

commerce. The Defendant is the employer of Plaintiff and others similarly situated within 

the meaning of Section 3(d) of the “Fair Labor Standards Act” [29 U.S.C. § 203(d)].

4. All the actions raised in this complaint took place in Miami-Dade County Florida, within 

the jurisdiction of this Court.

ALLEGATIONS COMMON TO ALL COUNTS

5. This cause of action is brought by Plaintiff as a collective action to recover from Defendant 

half-time overtime compensation, liquidated damages, and the costs and reasonable

attorney’s fees under the provisions of Fair Labor Standards Act, as amended, 29 U.S.C. § 

201 et seq (the “FLA or the “ACT”) on behalf of Plaintiff, and all other current and former 

employees similarly situated to Plaintiff (“the asserted class”) who worked in excess of 

forty (40) hours during one or more weeks on or after January 2019 (the “material time”) 

without being compensated overtime wages pursuant to the FLSA.

6. Corporate Defendant CASA CASUARINA is an Italian/Mediterranean located at 1116, 

Ocean Drive, Miami Beach, Florida 33139, where Plaintiff worked. 

7. Defendant CASA CASUARINA employed Plaintiff JAVIER A. GONZALEZ as a nonexempted, full-time, hourly line cook, from on or about January 01, 2019, through 

approximately March 13, 2020, or 62 weeks. 

8. Plaintiff was paid at the wage-rate of $18.00 an hour. 

9. During his employment period with the Defendant, the Plaintiff worked 6 days per week a 

regular schedule with more than 40 hours every week. Plaintiff was paid for all his working 

hours, including overtime hours at the correct rate.

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10. However, Defendant deducted from Plaintiff’s wages 30 minutes daily for lunchtime,

although Plaintiff was unable to take bonafide lunch breaks. Plaintiff worked 6 days per 

week, thus he suffered the deduction of 3 hours every week.

11. Those 3 hours deducted as lunchtime every week, constitute additional overtime hours that 

never were paid to Plaintiff.

12. Plaintiff clocked in and out, and the Defendant was in complete control of the hours worked 

by the Plaintiff and other similarly situated individuals.

13. Therefore, Defendant willfully failed to pay Plaintiff for all his overtime hours at the rate 

of time and one-half his regular rate for every hour that he worked in excess of forty (40), 

in violation of Section 7 (a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 207(a)(1)

14. Plaintiff does not have time and payment records, but he is going to provide a good faith 

estimate of unpaid overtime hours based on the incorrect deduction of 30 minutes of 

lunchtime for 6 days, or 3 unpaid O/T hours per week. 

15. Plaintiff was paid bi-weekly with checks and paystubs that did not show the correct number 

of days and hours worked in every week.

16. Plaintiff JAVIER A. GONZALEZ seeks to recover 3 unpaid overtime hours for every week 

that he worked for Defendant, liquidated damages, attorney fees, and any other relief as 

allowable by law.

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COUNT I:

WAGE AND HOUR FEDERAL STATUTORY VIOLATION;

FAILURE TO PAY OVERTIME

17. Plaintiff JAVIER A. GONZALEZ re-adopts every factual allegation as stated in 

paragraphs 1-16 above as if set out in full herein. 

18. This action is brought by Plaintiff and those similarly-situated to recover from the 

Employers CASA CASUARINA unpaid overtime compensation, as well as an additional 

amount as liquidated damages, costs, and reasonable attorney’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)(1) states, “No employer shall employ any of his employees for a 

workweek 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 halftime the regular rate at which he is employed.”

19. At all times pertinent to this Complaint, Defendant CASA CASUARINA was engaged in 

interstate commerce as defined in §§ 3 (r) and 3(s) of the Act, 29 U.S.C. § 203(r) and 

203(s). The Defendant is a retail business performing as Italian Mediterranean restaurant, 

catering mostly to tourist customers. At all times, the Employer/Defendant operates as an 

organization that sells and/or markets its services to customers from throughout the United 

States. At all times Defendant had more than two employees regularly engaged in interstate 

commerce The Employer/Defendant obtains and solicits funds from non-Florida sources, 

accepts funds from non-Florida sources, uses the instrumentalities and channels of 

interstate commerce. Upon information and belief, the annual gross revenue of the 

Employer/Defendant was always more than $500,000 per annum. Defendant’s business 

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activities involve those to which the Fair Labor Standards Act applies. Therefore, there is 

FLSA enterprise coverage.

20. The Plaintiff’s work for the Defendant likewise affected interstate commerce. Plaintiff was 

employed by an enterprise engaged in interstate commerce, and through his daily activities,

he regularly engaged in interstate commerce when he handled and worked on goods and 

materials that had been produced for commerce and moved in interstate commerce at any 

stage of the business. Therefore, there is FLSA individual coverage.

21. Defendant CASA CASUARINA employed Plaintiff JAVIER A. GONZALEZ as a nonexempted, full-time, hourly line cook, from on or about January 01, 2019, through 

approximately March 13, 2020, or 62 weeks. 

22. Plaintiff was paid at the wage-rate of $18.00 an hour. 

23. During his employment period with the Defendant, the Plaintiff worked 6 days per week a 

regular schedule with more than 40 hours every week. Plaintiff was paid for all his working 

hours, including overtime hours at the correct rate.

24. However, Defendant improperly deducted from Plaintiff’s wages, 30 minutes daily for 

lunchtime, even though the Plaintiff was unable to take bonafide lunch breaks. Plaintiff 

worked 6 days per week, thus he suffered the deduction of 3 hours of lunchtime every 

week.

25. Those 3 hours deducted as lunchtime every week, constitute additional overtime hours that 

never were paid to Plaintiff.

26. Plaintiff clocked in and out, and the Defendant was in complete control of the hours worked 

by the Plaintiff and other similarly situated individuals.

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27. Therefore, Defendant willfully failed to pay Plaintiff for all his overtime hours at the rate 

of time and one-half his regular rate for every hour that he worked in excess of forty (40), 

in violation of Section 7 (a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 207(a)(1)

28. Plaintiff was paid bi-weekly with checks and paystubs that did not show the number of 

days and hours worked in every week.

29. The records, if any, concerning the number of hours worked by Plaintiff JAVIER A. 

GONZALEZ, and all other similarly situated employees, and the compensation paid to 

such employees should be in the possession and custody of Defendant. However, upon 

information and belief, Defendant did not maintain accurate and complete time records of 

hours worked by Plaintiff and other employees in the asserted class.

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

31. Upon information and belief, Defendant never posted any notice, as required by the Fair 

Labor Standards Act and Federal Law, to inform employees of their Federal rights to 

overtime and minimum wage payments.

32. Defendant violated the Posting requirements of 29 U.S.C. § 516.4.

33. Before the completion of discovery and to the best of Plaintiff’s knowledge, at the time of 

the filing of this complaint, the Plaintiff’s good faith estimate of unpaid overtime wages 

are as follows:

 *Please note that these amounts are based on a preliminary calculation and that these 

 figures could be subject to modification as discovery could dictate. 

 

a. Total amount of allegedly unpaid overtime wages:

Five Thousand Twenty-Two Dollars and 00/100 ($5,022.00)

b. Calculation of such wages: 

Total time of employment: 62 weeks

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 Total relevant weeks of employment: 62 weeks

 Total unpaid overtime hours: 3 O/T hours weekly

 Regular rate: $18.00 an hour x 1.5=$27.00 O/T rate

 O/T rate: $27.00 an hour

 

 O/T rate $27.00 x 3 O/T hours=$81.00 weekly x 62 weeks = $5.022.00

 

c. Nature of wages (e.g. overtime or straight time):

 This amount represents the unpaid overtime wages. 

34. At all times material hereto, the Employer/Defendant CASA CASUARINA failed to 

comply with Title 29 U.S.C. §§ 201-219 and 29 C.F.R. § 516.2 and § 516.4 et seq. in that, 

Plaintiff and those similarly-situated performed services and worked in excess of the 

maximum hours provided by the Act but no provision was made by the Defendant to 

properly pay Plaintiff at the rate of time and one half for all hours worked over forty hours 

(40) per workweek as provided in said Act. 

35. Defendant CASA CASUARINA knew and/or showed reckless disregard of the provisions 

of the Act concerning the payment of overtime wages as required by the Fair Labor 

Standards Act, and Plaintiff and those similarly situated are entitled to recover double 

damages. 

36. Defendant CASA CASUARINA 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 since the commencement of Plaintiff’s employment with Defendant, 

as set forth above. 

37. 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. 

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PRAYER FOR RELIEF

WHEREFORE, Plaintiff JAVIER A. GONZALEZ and those similarly situated individuals 

respectfully request that this Honorable Court: 

A. Enter judgment for Plaintiff JAVIER A. GONZALEZ and other similarly situated and 

against the Defendant CASA CASUARINA based on Defendant’s willful violations of the 

Fair Labor Standards Act, 29 U.S.C. § 201 et seq.; and

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

for hours worked over 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. 

JURY DEMAND

Plaintiff JAVIER A. GONZALEZ and those similarly situated demand trial by a jury of all issues 

triable as of right by a jury.

DATED: June 22, 2020

 Respectfully submitted, 

 By: _/s/ Zandro E. Palma____

 ZANDRO E. PALMA, P.A.

 Florida Bar No.: 0024031

 9100 S. Dadeland Blvd.

 Suite 1500

 Miami, FL 33156

 Telephone: (305) 446-1500

 Facsimile: (305) 446-1502

 zep@thepalmalawgroup.com

 Attorney for Plaintiff

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