UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

FORT LAUDERDALE DIVISION

CASE NO:

JESUS WILLIAMS, and all 

others similarly situated under

29 U.S.C. 216(b),

Plaintiff(s),

v.

DYNASERV FLORIDA LLC,

a Florida limited liability company,

Defendant.

_________________________________/

COMPLAINT FOR DAMAGES AND DEMAND FOR JURY TRIAL

Plaintiff, JESUS WILLIAMS (“Plaintiff”), pursuant to 29 U.S.C. § 216(b), files the 

following Collective Action Complaint against Defendant, DYNASERV FLORIDA LLC 

(“Defendant”), and alleges as follows:

INTRODUCTION

1. Defendant unlawfully deprived Plaintiff, and all other employees similarly situated, of 

overtime compensation during the course of their employment. This action arises under 

the Fair Labor Standards Act (“FLSA”), pursuant to 29 U.S.C. §§ 201-216, to recover all 

overtime wages that Defendant refused to pay Plaintiff, and all those similarly situated to 

Plaintiff, during his employment.

PARTIES

2. During all times material hereto, Plaintiff was a resident of Broward County, Florida, over 

the age of 18 years, and otherwise sui juris.

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3. During all times material hereto, Defendant, DYNASERV FLORIDA LLC, was a Florida 

limited liability company located and transacting business within Broward County, Florida, 

within the jurisdiction of this Honorable Court.

4. During all times material hereto, Plaintiff worked for Defendant, DYNASERV FLORIDA 

LLC, at 990 South Flamingo Road, Davie, Florida 33325.

5. Defendant, DYNASERV FLORIDA LLC, was Plaintiff’s employer, as defined by 29 

U.S.C. § 203(d), during all times pertinent to the allegations herein.

JURISDICTION AND VENUE

6. The acts or omissions that give rise to this dispute took place within Broward County, 

Florida, which falls within the jurisdiction of this Honorable Court.

7. Defendant, DYNASERV FLORIDA LLC regularly transacts business in Broward County, 

Florida, and jurisdiction is therefore proper within the Southern District of Florida pursuant 

to 29 U.S.C. § 216(b) and 28 U.S.C. §§ 1331 and 1337.

8. Venue is also proper within the Southern District of Florida pursuant to 29 U.S.C. § 216(b) 

and 28 U.S.C. § 1391(b).

GENERAL ALLEGATIONS

9. Defendant, DYNASERV FLORIDA LLC is a full-service landscape and exterior services 

company that provides its services to at least 1,400 HOA, Condo, Commercial, Municipal 

and Retail properties throughout Florida. http://www.dynaservfl.com/about-us/ (last 

visited July 17, 2020).

10. Defendant, DYNASERV FLORIDA LLC operates in at least nine (9) southern states

within the country. http://www.dynaservfl.com/about-us/ (last visited July 17, 2020).

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FLSA COVERAGE

11. The FLSA covers Defendant, DYNASERV FLORIDA LLC, through enterprise coverage, 

as Defendant was engaged in interstate commerce during Plaintiff’s employment period. 

More specifically, Defendant’s business and Plaintiff’s work for Defendant affected 

interstate commerce because the goods and materials that Plaintiff and other employees 

used or handled on a constant and continuous basis moved through interstate commerce 

prior to Plaintiff’s use of the same. Accordingly, Defendant was engaged in interstate 

commerce pursuant to 29 U.S.C. § 203(s)(1)(B).

12. During his employment with Defendant, Plaintiff and multiple other employees handled 

and worked with various goods or materials that moved through interstate commerce, 

including, but not limited to the following: lawn mowers, gardening tools, lawn fertilizers, 

garbage bags, trucks, sprinklers, weed control treatments, mulch, pavers, soils, landscaping 

rocks, edgers, wall blocks, fire pit kits, stepping stones, landscape fabrics, garden fence 

panels, spades, shovels, planting tools, rakes, pitchforks, garden hoes, cultivators and 

weeders, pruning knives, shears, scrapers, credit card processors, cellular telephones, fax 

machines, etc.

13. Defendant, DYNASERV FLORIDA LLC, regularly employed two (2) or more employees 

for the relevant time period, and these employees handled the same or similar goods or 

materials as Plaintiff, thus making Defendant, DYNASERV FLORIDA LLC an enterprise 

covered by the FLSA.

14. Upon information and belief, Defendant, DYNASERV FLORIDA LLC, grossed or did 

business in excess of $500,000.00 during the years 2017, 2018, 2019, and it is expected to 

gross in excess of $500,000.00 in 2020.

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15. During all times material hereto, Plaintiff was a non-exempt hourly employee of Defendant 

within the meaning of the FLSA.

PLAINTIFF’S WORK FOR DEFENDANTS

16. Plaintiff worked for Defendant from October 22, 2019 until February 10, 2020. 

17. During all time periods pertinent to this Complaint, Defendant retained the power to hire, 

fire, and discipline employees, as well as control company pay practices as they relate to 

Plaintiff and other similarly situated employees.

18. During all time periods pertinent to this Complaint, Plaintiff and the putative class

performed non-exempt work for Defendant as landscapers. 

19. During all times material hereto, Plaintiff was an hourly employee whose regular hourly 

rate was fourteen ($14.00) per hour.

20. Plaintiff worked in excess of forty (40) hours per week in one or more workweeks while 

employed by Defendant. 

21. During the relevant time period, Defendant removed between thirty (30) minutes and one 

(1) hour for a lunch period. 

22. When Plaintiff approached or surpassed forty (40) hours in a workweek, Defendant often 

deducted one (1) hour for a lunch period, even though Plaintiff did not take a lunch break 

for longer than thirty (30) minutes. Upon information and belief, this unlawful pay policy 

resulted in company-wide overtime violations during the relevant time.

COUNT I – FEDERAL OVERTIME WAGE VIOLATIONS – 29 U.S.C. § 207

23. Plaintiff hereby re-alleges and re-avers Paragraphs 1 through 22 as though set forth fully 

herein.

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24. Plaintiff alleges this action pursuant to the Fair Labor Standards Act (“FLSA”), 29 U.S.C. 

§ 216(b).

25. Defendant failed to compensate Plaintiff at the proper overtime rate of time-and-one-half 

his regular hourly rate for all of the hours that he worked in excess of forty (40) during his 

employment period. 

26. Defendant willfully and intentionally refused to pay Plaintiff’s overtime wages as the 

FLSA requires, as Defendant knew of the overtime requirements of the FLSA.

27. Defendant recklessly failed to investigate whether Defendant’s payroll practices were in 

accordance with the FLSA during the relevant time period.

28. Accordingly, the statute of limitations in this action should be three (3) years as opposed 

to two (2) years.

29. Defendant’s willful or intentional violations of federal wage law entitle Plaintiff to an 

additional amount of liquidated, or double, damages.

30. As a result of the violations alleged herein, Plaintiff was required to retain the undersigned 

counsel and is therefore entitled to recover reasonable attorney’s fees and costs. 

WHEREFORE, Plaintiff, JESUS WILLIAMS, respectfully requests that this Honorable 

Court enter judgment in his favor and against Defendant, DYNASERV FLORIDA LLC, and 

award Plaintiff: (a) unliquidated damages to be paid by Defendant; (b) liquidated damages to be 

paid by Defendant; (c) a reasonable incentive award for his participation as class representative; 

(d) reasonable attorney’s fees and costs to be paid by Defendant; and any and all such further relief

as this Court may deem just and reasonable under the circumstances.

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DEMAND FOR JURY TRIAL

Plaintiff, JESUS WILLIAMS, requests and demands a trial by jury on all appropriate 

claims.

Dated this 17th day of July 2020.

Respectfully Submitted,

USA EMPLOYMENT LAWYERSJORDAN RICHARDS, PLLC

805 East Broward Blvd., Suite 301

Fort Lauderdale, Florida 33301

Tel: (954) 871-0050

Counsel for Plaintiff, Jesus Williams

By: _/s/ Jordan Richards, Esq._______

JORDAN RICHARDS, ESQUIRE

Florida Bar No. 108372

MELISSA SCOTT, ESQUIRE

Florida Bar No. 1010123

JAKE BLUMSTEIN, ESQUIRE

Florida Bar No. 1017746

Jordan@jordanrichardspllc.com

Melissa@jordanrichardspllc.com

Jake@jordanrichardspllc.com

April@usaemploymentlawyers.com

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that the foregoing document was filed via CM/ECF on July 17, 

2020.

By: /s/ Jordan Richards, Esq.

JORDAN RICHARDS, ESQUIRE

Florida Bar No. 108372

SERVICE LIST:

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