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IN THE UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

NINA TSCHAPEK,

Plaintiff,

vs.

KEYSTONE BUILDERS INC.,

a Florida Profit Corporation, and

ALAN MONETTE, an individual,

Defendants.

 /

COMPLAINT FOR DAMAGES

Plaintiff, NINA TSCHAPEK, sues Defendants, KEYSTONE BUILDERS INC. and 

ALAN MONETTE, and shows:

Introduction

1. This is an action by NINA TSCHAPEK against her former employers for unpaid 

overtime pursuant to the Fair Labor Standards Act. Plaintiff seeks damages and a reasonable 

attorney’s fee.

Jurisdiction

2. This action arises under the Fair Labor Standards Act (“FLSA”), 29 U.S.C. §§

207. The Court has jurisdiction over the claims pursuant to 29 U.S.C. § 216(b).

3. The claim arose within the Southern District of Florida, which is where venue is 

proper.

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Parties and General Allegations

4. Plaintiff, NINA TSCHAPEK, (hereinafter “Plaintiff” or “TSCHAPEK”) a resident 

of Broward County, was at all times material, employed by KEYSTONE BUILDERS INC., as a

bookkeeper, was an employee as defined by 29 U.S.C. § 203(e), and during her employment 

with KEYSTONE BUILDERS INC., was engaged in commerce or in the production of goods for 

commerce.

5. Defendant, KEYSTONE BUILDERS INC. (hereinafter “KEYSTONE”), is a 

Florida Profit Corporation with its principal place of business in Broward County, Florida, doing 

business throughout South Florida, is an enterprise engaged in an industry affecting commerce, is

an employer as defined by 29 U.S.C. § 203(d) and (s)(1), in that it has employees engaged in 

commerce or in the production of goods for commerce, or that has employees handling, selling, 

or otherwise working on goods or materials that have been moved in or produced for commerce 

by any person; and it is an enterprise whose annual gross volume of sales made or business done 

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

which has employees subject to the provisions of the FLSA, 29 U.S.C. §§ 207.

6. Defendant ALAN MONETTE (hereinafter “MONETTE”) is a resident of Broward 

County Florida in the Southern District of Florida. 

7. At all times material to this Complaint, MONETTE has managed and/or operated 

Defendant KEYSTONE and regularly exercised the authority to hire and fire its employees, 

determine the work schedules of employees, set the rate of pay for employees, and controlled its 

finances and daily operations. MONETTE did, in fact, hire Plaintiff, set Plaintiff’s rate of pay 

and work schedule, and thus dictated the terms of Plaintiff’s employment. MONETTE was the 

individual who decided not to pay Plaintiff for hours worked and ultimately terminated Plaintiff. 

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By virtue of such control and authority, MONETTE is an employer and/or joint-employer of 

Plaintiff as defined by the FLSA, 29 U.S.C. §203(d).

Count I – Violation of FLSA by Both Defendants – Overtime

8. Plaintiff, NINA TSCHAPEK, realleges, as if fully set forth in Count I, the 

allegations of Paragraphs 1 through 7 above.

9. Since on or about November 13, 2019 up to and including January 31, 2020, 

Defendants willfully violated the provisions of §7 of the Act [29 U.S.C. §207] by employing 

employees engaged in commerce for workweeks longer than 40 hours without compensating them 

for their employment in excess of 40 hours at rates not less than one and one-half times the regular 

rates at which they were employed. Specifically, TSCHAPEK, during her employment, worked in 

excess of 40 hours a week during several weeks of her employment, but was not compensated for 

all overtime hours at one and one-half times her regular rate.

10. The failure to pay overtime compensation to TSCHAPEK is unlawful in that she 

was not exempted from the overtime provisions of the Act pursuant to the provisions of 29 U.S.C. § 

213(a), in that she neither was a bona fide executive, administrative or professional employee.

11. TSCHAPEK is entitled pursuant to 29 U.S.C. § 216(b), to recover from both

Defendants:

a. All unpaid overtime that is due;

b. As liquidated damages, an amount equal to the unpaid overtime owed;

c. The costs of this action, and;

d. A reasonable attorney’s fee.

WHEREFORE, Plaintiff, NINA TSCHAPEK, prays that this court will grant judgment 

against both Defendants:

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a. awarding TSCHAPEK payment of overtime compensation found by the 

court to be due to her under the Act; 

b. awarding TSCHAPEK an additional equal amount as liquidated damages;

c. awarding TSCHAPEK her costs, including a reasonable attorney’s fee; and

d. granting such other and further relief as is just.

Jury Demand

Plaintiff demands trial by jury.

Dated: May 29, 2020

Plantation, Florida Respectfully submitted,

s/Robert S. Norell

Robert S. Norell, Esq. (Fla. Bar No. 996777)

E-Mail: rob@floridawagelaw.com

ROBERT S. NORELL, P.A.

James A. Peterson, Esq. (Fla. Bar No.: 645621)

E-Mail: James@floridawagelaw.com

300 N.W. 70th Avenue

Suite 305

Plantation, Florida 33317

Telephone: (954) 617-6017

Facsimile: (954) 617-6018

Counsel for NINA TSCHAPEK

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