UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO._________________

DANEETO HOWARD,

Plaintiff,

vs.

IFIXANDREPAIR LLC, a Florida Limited 

Liability Company and CHRIS KELLEY, 

individually,

Defendants.

________________________________________/

COMPLAINT

Plaintiff, DANEETO HOWARD, by and through undersigned counsel, sues the Defendants, 

IFIXANDREPAIR LLC, (hereinafter, “Company”), and CHRIS KELLEY, individually, 

(hereinafter, collectively referred to as “Defendants”) and alleges as follows:

1. Plaintiff, a former employee of the Defendants, brings this action to recover 

compensation and other relief under the Fair Labor Standards Act, as amended (the "FLSA"), 29 

U.S.C. § 201 et seq. 

2. Jurisdiction is conferred on this Court by 29 U.S.C. § 216(b).

3. The unlawful employment practices alleged herein occurred and/or were committed 

within this judicial district. 

4. At all times material hereto, Plaintiff is/was a resident of this judicial district, an 

employee of the Defendants, sui juris and otherwise within the jurisdiction of this Court.

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5. At all times material hereto, Defendant, Company, was the employer or former 

employer of the Plaintiff and is conducting business in this judicial district and is otherwise an 

‘employer’ under the FLSA.

6. That at all times material hereto, Defendant, CHRIS KELLEY, individually, acted 

directly in the interests of his employer, the Defendant, Company, in relation to the Plaintiff, and this 

individual Defendant exercised the requisite legal control and otherwise administered the illegal acts 

as described herein on behalf of the Defendant, Company, and is otherwise an ‘employer’ under the 

FLSA.

7. At all times material hereto, Defendants were and continue to be an ‘enterprise 

engaged in commerce’ within the meaning of the FLSA. 

8. That at all times material hereto, Plaintiff was ‘engaged in commerce’ within the 

meaning of the FLSA.

9. Defendants have been at all times material engaged in interstate commerce, and

Defendants’ annual gross revenues derived from this interstate commerce, upon information and 

belief, are in excess of $500,000.00 for the relevant time period.

10. The Plaintiff was hired as a non-exempt employee by the Defendantsin May of 2015.

11. During his employment and up to September 12, 2019, the Defendants however had

Plaintiff, a non-exempt employee under the FLSA, work in excess of forty (40) hours per work 

week, but willfully refused to properly compensate Plaintiff for such work in violation of the FLSA.

12. Plaintiff estimates working approximately 50 hours per week, however all records 

concerning the number of hours actually worked by Plaintiff are presumably in the exclusive 

possession and sole custody and control of the Defendants, and therefore, Plaintiff is unable to state 

at this time the exact amount due. 

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13. Plaintiff, however, will exert diligent efforts to obtain such information by 

appropriate discovery proceedings, to be taken promptly in this case, and if required, an amendment 

to this Complaint will be submitted to set forth an amount due by the Plaintiff.

COUNT I

FLSA - COMPANY

Plaintiff incorporates by reference the allegations contained in paragraphs 1 through 13

above.

 14. Plaintiff is entitled to time and one half for each hour worked in excess of forty (40) 

hours per work week pursuant to the FLSA.

15. By reason of the intentional, willful and unlawful acts of the Defendant, Company in 

violation of the FLSA, Plaintiff has suffered damages.

WHEREFORE, Plaintiff demands judgment against the Defendant, Company for all 

damages and relief under the FLSA, including liquidated damages (and/or pre-judgment interest), 

attorneys’ fees, costs and expenses, in addition to all other relief this Court deems just and proper.

COUNT II

FLSA–CHRIS KELLEY

Plaintiff incorporates by reference the allegations contained in paragraphs 1 through 13 of 

this Complaint.

 16. Plaintiff is entitled to time and one half for each hour worked in excess of forty (40) 

hours per work week pursuant to the FLSA.

17. By reason of the intentional, willful and unlawful acts of the Defendant, CHRIS

KELLEY in violation of the FLSA, Plaintiff has suffered damages.

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WHEREFORE, Plaintiff demands judgment against the Defendant, CHRIS KELLEY for all 

damages and relief under the FLSA, including liquidated damages (and/or pre-judgment interest), 

attorneys’ fees, costs and expenses, in addition to all other relief this Court deems just and proper.

DEMAND FOR JURY TRIAL

Plaintiff demands a trial by jury on all counts. 

Dated: May 15, 2020. Respectfully submitted,

Law Offices of Levy & Levy, P.A.

1000 Sawgrass Corporate Parkway, Suite 588

Sunrise, Florida 33323

Telephone: (954) 763-5722

Facsimile: (954) 763-5723

Counsel for Plaintiff

/s/ Chad Levy

CHAD E. LEVY, ESQ.

chad@levylevylaw.com

Secondary: assistant@levylevylaw.com

F.B.N.: 0851701

DAVID M. COZAD, ESQ.

david@levylevylaw.com

F.B.N.: 333920

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