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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

FORT LAUDERDALE DIVISION 

JULIAN BENITEZ-BORJA, 

 Plaintiff,

vs.

AMS INC., a Florida Profit Corporation

 Defendant. /

CASE NO.: 

COMPLAINT & DEMAND FOR JURY TRIAL

Plaintiff, JULIAN BENITEZ-BORJA, (“Plaintiff”), hereby files this Complaint against 

Defendant, AMS INC., (“AMS”), a Florida Profit Corporation, (“Defendant”), and states as 

follows:

JURISDICTION

1. Jurisdiction in this Court is proper as the claims are brought pursuant to the Fair 

Labor Standards Act (“FLSA”), as amended 29 U.S.C. §201, et seq., to obtain a judgment 

against Defendant as to liability, recover unpaid back wages, an additional equal amount as 

liquidated damages, and reasonable attorneys’ fees and costs.

2. The jurisdiction of the Court over this controversy is proper pursuant to 28 U.S.C. 

§1331, as Plaintiff’s claims arise under 29 U.S.C. §216(b). 

3. Venue in this Court is proper, as the acts and omissions alleged in this Complaint 

took place in this judicial district, and Defendant resides and regularly conducts business in this 

judicial district. 

PARTIES

4. At all times material to this action, Plaintiff was a resident of Polk County, 

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Florida.

5. At all times material to this action, Defendant AMS, INC. was, and continues to 

be, engaged in business in Florida, doing business in Broward County.

6. At all times material to this action, Plaintiff was an “employee” of Defendant 

within the meaning of the FLSA.

7. At all times material to this action, Defendant was Plaintiff’s “employer” within 

the meaning of the FLSA.

8. Defendant was, and continues to be, an “employer” within the meaning of the 

FLSA.

9. At all times material to this action, AMS was, and continues to be, an enterprise 

engaged in the “handling, selling, or otherwise working on goods and materials that have been 

moved in or produced for commerce by any person” within the meaning of the FLSA.

10. Based upon information and belief, the annual gross revenue of Defendant AMS

was in excess of $500,000.00 per annum during the three years preceding the filing of this 

Complaint.

11. At all times material to this action, Defendant had two (2) or more employees 

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

produced for commerce, such as, vehicles, telephones, and materials used in roofing services.

12. At all times material hereto, the work performed by the Plaintiff was directly 

essential to the business performed by Defendant.

STATEMENT OF FACTS

13. Beginning in or about 1997, and continuing through May 2019, Defendants 

employed Plaintiff as a non-exempt, piece rate paid employee, working at Defendant’s

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company.

14. Plaintiff’s duties included going to the shop every day to clean and load the 

truck, installing roofing projects, and throwing trash away. 

15. Plaintiff was paid a piece rate.

16. Plaintiff worked for Defendant in excess of forty (40) hours within one or more

workweeks.

17. From the beginning of his employment through May 2019, Defendant failed to 

compensate Plaintiff at a rate of one and one-half times Plaintiff’s regular rate for all hours 

worked in excess of forty (40) hours in a single workweek.

18. Plaintiff was paid only his regular rate, with no overtime premiums, for overtime 

hours.

19. Plaintiff should be compensated at the rate of one and one-half times his regular 

rate of pay for all hours worked in excess of forty (40) hours per workweek, as required by the 

FLSA.

20. Upon information and belief, the majority of Plaintiff’s pay and time records are

in the possession of Defendant.

21. Defendant has violated Title 29 U.S.C. § 207 from at least 1997 to May 2019, in 

that:1

a. Plaintiff worked in excess of forty (40) hours in one or more workweeks

during their periods of employment with Defendant;

b. No payments or provisions for payment have been made by Defendant to 

properly compensate Plaintiff at the statutory rate of one and one-half 

 1 Plaintiff can only recover for the three year period preceding this lawsuit. However, Defendants have violated the 

law throughout his employment.

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times his regular rate of pay for all hours worked in excess of forty (40) 

hours per workweek; and

c. Defendant has failed to maintain proper time records as mandated by the 

FLSA. 

22. Upon information and belief, Defendant’s failure and/or refusal to properly 

compensate Plaintiff at the rates and amounts required by the FLSA was willful, as Defendant

knew, or should have known with reasonable diligence, that payment of overtime premiums for 

all hours over forty (40) worked in each workweek was required. Specifically, Defendant has 

been sued multiple times in the past for similar violations of the FLSA, including within the last 

year, but appears not to have changed any of its practices. 

23. Defendant failed and/or refused to properly disclose or apprise Plaintiff of his 

rights under the FLSA.

COUNT I 

RECOVERY OF OVERTIME COMPENSATION

24. Plaintiff re-alleges paragraphs 1 through 23 of the Complaint, as if fully set forth 

herein.

25. From the beginning of his employment through May 2019, Plaintiff worked in 

excess of forty (40) hours in one or more workweeks for which Plaintiff was not compensated at 

the statutory rate of one and one-half times Plaintiff’s regular rate of pay.

26. Plaintiff was, and is, entitled to be paid at the statutory rate of one and one-half 

times his regular rate of pay for those hours worked in excess of forty (40) hours in a 

workweek.

27. Defendant failed to properly disclose or apprise Plaintiff of Plaintiff’s rights

under the FLSA.

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28. Defendant’s actions were willful and/or showed reckless disregard for the 

provisions of the FLSA, as evidenced by their failure to compensate Plaintiff at the statutory 

rate of one and one-half times his regular rate of pay for the hours worked in excess of forty 

(40) hours per workweek when they knew, or should have known, such was, and is, due.

29. Due to the intentional, willful, and unlawful acts of Defendant, Plaintiff suffered 

and continues to suffer damages and lost compensation for time worked over forty (40) hours 

per workweek, plus liquidated damages.

30. Plaintiff is entitled to an award of reasonable attorneys’ fees and costs pursuant 

to 29 U.S.C. §216(b).

WHEREFORE, Plaintiff requests a judgment entered in his favor and against Defendant

for actual and liquidated damages, as well as, costs, expenses and attorneys’ fees and such other 

relief deemed proper by this Court.

JURY DEMAND

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

Dated this 16th day of June 2020.

Respectfully submitted,

_____________________

Angeli Murthy, Esq., B.C.S.

FL Bar No.: 088758

MORGAN & MORGAN, P.A.

8151 Peters Rd, 4th Floor

Plantation, FL 33324

Tel: 954-318-0268 Fax: 954-327-3016

E-mail: Amurthy@forthepeople.com 

Trial Counsel for Plaintiff 

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