www.saenzanderson.com

1

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

Case No.: _____________________

ABDULLA MONTHER,

Plaintiff,

v.

ALKAFAWEEN FOOD STORE, INC d/b/a 

Midway Food Market f/k/a S&M Grocery, 

Inc. f/k/a Alqurneh LLC; ZAQU, INC. d/b/a 

Midway Food Market f/k/a S&M Grocery, 

Inc. f/k/a Alqurneh LLC; MAJED M. 

ALKAFAWEEN; and MOHAMMED ISSA 

ALQURNEH,

Defendants.

)

)

)

)

)

)

)

)

)

)

)

)

)

)

)

COMPLAINT

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

Plaintiffs ABDULLA MONTHER (“Plaintiff”) and other similarly situated individuals sue 

defendants ALKAFAWEEN FOOD STORE, INC d/b/a Midway Food Market f/k/a S&M 

Grocery, Inc. f/k/a Alqurneh LLC; ZAQU, INC. d/b/a Midway Food Market f/k/a S&M Grocery, 

Inc. f/k/a Alqurneh LLC; MAJED M. ALKAFAWEEN; and MOHAMMED ISSA ALQURNEH

(collectively “Defendants”) and allege:

JURISDICTION

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

laws of the United States.

Case 1:20-cv-22760-KMM Document 1 Entered on FLSD Docket 07/06/2020 Page 1 of 9
www.saenzanderson.com

2

2. This Court has jurisdiction pursuant to the Fair Labor Standards Act, 29 U.S.C. § 

201-219 (Section 216 for jurisdictional placement) (“the Act”).

VENUE

3. Plaintiff is a resident of Miami-Dade County, Florida, within the jurisdiction of this 

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

4. ALKAFAWEEN FOOD STORE, INC d/b/a Midway Food Market f/k/a S&M 

Grocery, Inc. f/k/a Alqurneh LLC; ZAQU, INC. d/b/a Midway Food Market f/k/a S&M Grocery, 

Inc. f/k/a Alqurneh LLC (the “Corporate Defendants”); MAJED M. ALKAFAWEEN; and 

MOHAMMED ISSA ALQURNEH (the “Individual Defendants”), are Florida companies and 

Florida residents, respectively, having their main place of business in Miami-Dade County, 

Florida, where Plaintiff worked for Defendants, and at all times material hereto were and are 

engaged in interstate commerce. The Individual Defendants, upon information and belief, reside 

in Miami-Dade County, Florida.

5. Corporate Defendants share common ownership, common management, 

centralized control of labor relations, and common offices and interrelated operations. The 

Corporate Defendants are agents of each other or are an integrated enterprise. Alternatively, each 

company is an enterprise under the Act.

6. Corporate Defendants share employees or interchange employees; work in the 

direct interest of one another; and their employees are in the common control of both companies. 

The Companies are agents of each other or are joint employers. Alternatively, each company is 

an enterprise under the Act.

Case 1:20-cv-22760-KMM Document 1 Entered on FLSD Docket 07/06/2020 Page 2 of 9
www.saenzanderson.com

3

COUNT I: WAGE AND HOUR

VIOLATION BY THE CORPORATE DEFENDANTS (OVERTIME)

7. Plaintiff re-adopts each and every factual allegation as stated in paragraphs 1-6 

above as if set out in full herein.

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

Corporate Defendants unpaid minimum and 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 work week 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 half times the regular rate at which he is 

employed.”

9. 29 U.S.C. § 206 (a) (1) states "... an employer must pay a minimum wage of 

$5.15/hr to an employee who is engaged in commerce...” [29 U.S.C. § 206 (a) (1)]". On July 24, 

2007 Federal minimum wage was raised to $5.85/hr. On July 24, 2008, Federal minimum wage 

was raised to $6.55/hr. On July 24, 2009, Federal minimum wage was raised to $7.25/hr.

10. The Act provides minimum standards that may be exceeded but cannot be waived 

or reduced. Employers must comply, for example, with any Federal, State or municipal laws, 

regulations or ordinances establishing a higher minimum wage or lower maximum workweek than 

those established under the Act. 29 C.F.R. § 541.4. 

11. In Florida, the minimum wage in 2020 is $8.50 per hour.

Case 1:20-cv-22760-KMM Document 1 Entered on FLSD Docket 07/06/2020 Page 3 of 9
www.saenzanderson.com

4

12. Jurisdiction is conferred on this Court by Title 28 U.S.C. § 1337 and by Title 29 

U.S.C. § 216(b). The Corporate Defendants are and, at all times pertinent to this Complaint, were 

engaged in interstate commerce. At all times pertinent to this Complaint, the Corporate Defendants 

operate as organizations which sell and/or market services and/or goods to customers from 

throughout the United States and also provides its services for goods sold and transported from 

across state lines of other states, and the Corporate Defendants obtain and solicit funds from nonFlorida sources, accept funds from non-Florida sources, use telephonic transmissions going over 

state lines to do their business, transmit funds outside the State of Florida, and otherwise regularly 

engage in interstate commerce, particularly with respect to their employees. Upon information and 

belief, the annual gross revenue of the Corporate Defendants was at all times material hereto in 

excess of $500,000 per annum, and/or Plaintiff and those similarly situated, by virtue of working 

in interstate commerce, otherwise satisfy the Act’s requirements.

13. By reason of the foregoing, the Corporate Defendants are and were, during all times 

hereafter mentioned, enterprises engaged in commerce or in the production of goods for commerce 

as defined in §§ 3 (r) and 3(s) of the Act, 29 U.S.C. § 203(r) and 203(s) and/or Plaintiff and those 

similarly situated were and/or are engaged in interstate commerce for the Corporate Defendants. 

The Corporate Defendants’ business activities involve those to which the Act applies. The 

Corporate Defendants is are a Food, Cigarette, Food Stamp, and Beer Market and, through their 

business activities, affect interstate commerce. The Plaintiff’s work for the Corporate Defendants 

likewise affects interstate commerce. Plaintiff was employed by the Corporate Defendants as a 

non-exempt cashier/attendant for the Corporate Defendants’ business. 

Case 1:20-cv-22760-KMM Document 1 Entered on FLSD Docket 07/06/2020 Page 4 of 9
www.saenzanderson.com

5

14. While employed by the Corporate Defendants, Plaintiff worked approximately an 

average of 70-84 hours per week without being compensated at the rate of not less than one- and 

one-half times the regular rate at which he was employed. Plaintiff was employed as a Cashier 

performing the same or similar duties as that of those other similarly situated Cashier(s) whom 

Plaintiff observed working in excess of 40 hours per week without overtime compensation. 

15. Plaintiff worked for the Corporate Defendants from approximately December 13, 

2018 through June 11, 2020. In total, Plaintiff worked approximately 78 compensable weeks under 

the Act, or 78 compensable weeks if we count 3 years preceding the date of the filing of the instant 

action.

16. The Corporate Defendants paid Plaintiff on average approximately $8.33 per hour.

17. However, the Corporate Defendants did not properly compensate Plaintiff for hours 

that Plaintiff worked in excess of 40 per week.

18. Plaintiff seeks to recover unpaid overtime and minimum wages accumulated from 

the date of hire and/or from 3 (three) years preceding the date of the filing of this Complaint.

19. Prior to the completion of discovery and to the best of Plaintiff’s knowledge, at the 

time of the filing of this Complaint, Plaintiff’s good faith estimate of his unpaid minimum and 

overtime wages is as follows:

Minimum Wages

$8.50 - $8.33 = $0.17 x 30 = $5.1 x 22 = $112.20

Overtime Wages

a. Actual Damages: $9,746.10

Case 1:20-cv-22760-KMM Document 1 Entered on FLSD Docket 07/06/2020 Page 5 of 9
www.saenzanderson.com

6

i. Calculation: $8.33 (hourly pay) x .5 (overtime rate) x 30 (approximate number

of overtime hours) x 78 (compensable weeks) = $9,746.10.

b. Liquidated Damages: $9,746.10

c. Total Damages: $19,604.40 ($19,492.20 + $112.20) plus reasonable attorneys’ fees and costs 

of suit.

20. At all times material hereto, the Corporate Defendants 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 Corporate Defendants to properly pay them at the rate of time and 

one half for all hours worked in excess of forty hours (40) per workweek as provided in the Act. 

The additional persons who may become Plaintiffs in this action are weekly-paid employees and/or 

former employees of the Corporate Defendants who are and who were subject to the unlawful 

payroll practices and procedures of the Corporate Defendants and were not paid time and one half 

of their regular rate of pay for all overtime hours worked in excess of forty.

21. The Corporate Defendants knew and/or showed reckless disregard for the 

provisions of the Act concerning the payment of overtime and minimum wages and remain owing 

Plaintiff and those similarly situated these overtime and minimum wages since the commencement 

of Plaintiff’s and those similarly situated employees’ employment with the Corporate Defendants 

as set forth above, and Plaintiff and those similarly situated are entitled to recover double damages. 

The Corporate Defendants never posted any notice, as required by Federal Law, to inform 

employees of their federal rights to overtime and minimum wage payments.

Case 1:20-cv-22760-KMM Document 1 Entered on FLSD Docket 07/06/2020 Page 6 of 9
www.saenzanderson.com

7

22. The Corporate Defendants willfully and intentionally refused to pay Plaintiff 

minimum and overtime wages as required by the laws of the United States as set forth above and 

remain owing Plaintiff these wages since the commencement of Plaintiff’s employment with the 

Corporate Defendants as set forth above.

23. 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.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff and those similarly situated request that this Honorable Court:

A. Enter judgment for Plaintiff and other similarly situated and against the Corporate Defendants 

on the basis of the Corporate Defendants’ willful violations of the Fair Labor Standards Act, 29 

U.S.C. § 201 et seq. and other Federal Regulations; and

B. Award Plaintiff actual damages in the amount shown to be due for unpaid wages and overtime 

compensation for hours worked in excess of forty weekly; 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.

BENCH TRIAL DEMAND

Plaintiff and those similarly situated demand trial by a Judge of all issues so triable as of 

right.

COUNT II: WAGE AND HOUR VIOLATION BY

THE INDIVIDUAL DEFENDANTS (OVERTIME)

Case 1:20-cv-22760-KMM Document 1 Entered on FLSD Docket 07/06/2020 Page 7 of 9
www.saenzanderson.com

8

24. Plaintiff re-adopts each and every factual allegation as stated in paragraphs 1-23 

above as if set out in full herein.

25. At the times mentioned, the Individual Defendants are and were officers, managers 

or owners of the Corporate Defendants. The Individual Defendants were employers of Plaintiff 

and others similarly situated within the meaning of Section 3(d) of the Act [29 U.S.C. § 203(d)], 

in that these defendants acted directly or indirectly in the interests of the Corporate Defendants in 

relation to the employees of the Corporate Defendants, including Plaintiff and others similarly 

situated.

26. Individual Defendants had operational control of the Corporate Defendants, were 

involved in the day-to-day functions of the Corporate Defendants, provided Plaintiff with his work 

schedule, and are jointly liable for Plaintiff’s damages.

27. The Individual Defendants were and are, at all times relevant, persons in control of 

the Corporate Defendants’ financial affairs and can cause the Corporate Defendants to compensate 

(or not to compensate) their employees in accordance with the Act.

28. The Individual Defendants willfully and intentionally caused Plaintiff not to receive 

minimum and overtime compensation as required by the laws of the United States as set forth 

above and remain owing Plaintiff these wages since the commencement of Plaintiff’s employment 

with the Corporate Defendants as set forth above.

29. 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.

PRAYER FOR RELIEF

Case 1:20-cv-22760-KMM Document 1 Entered on FLSD Docket 07/06/2020 Page 8 of 9
www.saenzanderson.com

9

WHEREFORE, Plaintiff and those similarly situated request that this Honorable Court:

A. Enter judgment for Plaintiff and other similarly situated and against the Individual

Defendants on the basis of the Defendants’ willful violations of the Fair Labor Standards Act, 29 

U.S.C. § 201 et seq. and other Federal Regulations; and 

B. Award Plaintiff actual damages in the amount shown to be due for unpaid wages and overtime 

compensation for hours worked in excess of forty weekly; 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.

BENCH TRIAL DEMAND

Plaintiff and those similarly situated demand trial by a Judge of all issues so triable as of 

right.

Dated: July 6, 2020. Respectfully submitted,

s/Tanesha W. Blye

Tanesha Blye (FBN: 738158) 

E-mail: tblye@saenzanderson.com

Aron Smukler (FBN: 297779) 

E-mail: asmukler@saenzanderson.com

R. Martin Saenz (FBN: 0640166) 

E-mail: msaenz@saenzanderson.com

SAENZ & ANDERSON, PLLC

20900 NE 30th Avenue, Ste. 800

Aventura, Florida 33180

Telephone: (305) 503-5131

Facsimile: (888) 270-5549

Counsel for Plaintiff

Case 1:20-cv-22760-KMM Document 1 Entered on FLSD Docket 07/06/2020 Page 9 of 9