1

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO.:

OYDUMIS ABREU

on behalf of himself and all others similarly situated,

 Plaintiff,

v.

ALPINE TOWING, INC., a Florida Profit Corporation and 

LARRY J. SARAVIA, Individually

 Defendant(s)

________________________________/

COMPLAINT

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

 COMES NOW, the Plaintiff, OYDUMIS ABREU, (hereinafter referred to as “Plaintiff”), 

on behalf of himself and all others similarly situated, by and through the undersigned counsel, files 

this Complaint against Defendants ALPINE TOWING INC, a Florida Profit Corporation, 

(hereinafter referred to as “ALPINE TOWING”) and LARRY SARAVIA (hereinafter referred to 

as “SARAVIA”) collectively (“DEFENDANTS”) and states as follows:

JURISDICTION AND VENUE

1. This is an action by the Plaintiff for damages exceeding $30,000 excluding attorneys’ fees or 

costs for unpaid wages, unpaid overtime wages under the Fair Labor Standards Act, 29 U.S.C. 

§§ 201-219 (“FLSA”).

2. Jurisdiction is conferred upon this Court pursuant to 29 U.S.C. § 216(b), 28 U.S.C. § 1331, 

and 28 U.S.C. § 1367.

3. Venue is proper for the United States Court for the Southern District of Florida because 

Plaintiff was employed in the Southern District of Florida by Defendants, which at all material 

Case 1:20-cv-22738-UU Document 1 Entered on FLSD Docket 07/02/2020 Page 1 of 9
2

times conducted, and continues to conduct, business in the Southern District of Florida, and 

because the acts that give rise to Plaintiff’s claims occurred within the Southern District of 

Florida and because Defendants are subject to personal jurisdiction there.

PARTIES

4. Plaintiff was at all times relevant to this action, a resident Miami Dade County Florida, within 

the jurisdiction of this Honorable Court. 

5. During all times relevant to this Complaint, Plaintiff was employed by Defendants. Plaintiff 

was therefore an employee as defined by 29 U.S.C. § 203(e). 

6. Defendant ALPINE TOWING is a corporation organized and existing under and by virtue of 

the laws of Florida and registered to do business within Florida. Defendant has its principal 

place of business in Miami, Florida. Defendant has, at all times material hereto, conducted 

substantial and continuous business within the Southern District of Florida, and is subject to 

the laws of the United States and the State of Florida. 

7. ALPINE TOWING 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. 

8. At all times material to this Complaint, Defendant ALPINE TOWING has had two (2) or more 

employees who have regularly sold, handled, or otherwise worked on goods and/or materials 

Including, but not limited to the following: wrenches, tow cables, flashlights, batteries, 

telephones, paper goods, invoice sheets, office supplies, pens, and other office and tow-related 

materials. Those goods and/or materials have been moved in or produced for commerce which 

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

Case 1:20-cv-22738-UU Document 1 Entered on FLSD Docket 07/02/2020 Page 2 of 9
3

9. Specifically, Defendant ALPINE TOWING operates and specializes in performing towing 

services to automobiles.

10. Plaintiff’s work for Defendants was actually in or so closely related to the movement of 

commerce while he worked for Defendants that Plaintiff is covered under the FLSA through 

individual coverage, as Plaintiff regularly and recurrently used the instrumentalities of 

interstate commerce. More specifically, Plaintiff regularly performed functions with clients 

across state lines utilizing telephones, computers, machinery, materials, and supplies. 

11. ALPINE TOWING upon knowledge and belief, has gross revenue which exceeds $500,000 

for each of the past three (3) years and utilizes goods in the flow of commerce across state 

lines. 

12. Defendant, SARAVIA is a corporate officer of, and exercised operational control over the 

activities of, corporate Defendant, ALPINE TOWING. 

13. Defendant SARAVIA acted directly in the interest of his company, ALPINE TOWING, as the 

president. Upon all available information, SARAVIA controlled the manner in which Plaintiff 

performed his work and the pay he was to receive. 

14. Declaratory, injunctive, legal and equitable relief sought pursuant to the laws set forth above 

together with attorneys’ fees, costs and damages.

15. All conditions precedent for the filing of this action before this Court have been previously 

met, including the exhaustion of all pertinent administrative procedures and remedies. 

PLAINTIFF’S FACTUAL ALLEGATIONS COMMON TO ALL COUNTS

16. Plaintiff is a non-exempt employee of Defendants and is subject to the payroll practices and 

procedures set forth hereinafter, and who worked in excess of forty (40) hours during one or 

more workweeks within three (3) years of the filing of this complaint.

Case 1:20-cv-22738-UU Document 1 Entered on FLSD Docket 07/02/2020 Page 3 of 9
4

17. Specifically, Plaintiff performed work for Defendants as a non-exempt tow truck driver from 

on or about March 2020 until on or about June 19, 2020.

18. During Plaintiff’s employment, Plaintiff regularly worked twelve (12) hours per day. Plaintiff 

was scheduled to work twelve (12) days straight and rest two (2) days every two (2) weeks. 

19. Accordingly, during the course of his employment, Plaintiff regularly worked between 60-84 

hours per work week. 

20. During Plaintiff’s employment Defendants compensated Plaintiff and all employees similarly 

situated, by paying 25% of the service fee.

21. Most of the work assigned to Plaintiff was towing cars. Defendants charged $101.00 per car 

towed.

22. During his employment, Plaintiff would tow on average between four (4) to five (5) vehicles 

per day. Although there were days when Plaintiff worked a full shift and only towed two (2) 

cars per day. 

23. Accordingly, there were times when Plaintiff was paid at a rate below the minimum applicable 

hourly wage rate as set forth under state and federal law.

24. At all times pertinent to this action, Defendants failed to comply with 29 U.S.C. §§ 201 – 219 

in that Plaintiff performed services for Defendants for which no provision was made to 

properly pay for those hours worked over forty (40) in a given workweek. 

25. Plaintiff was not paid at the proper overtime rate for hours worked in excess of forty (40) each 

week, as proscribed by the laws of the United States and the State of Florida.

26. Defendants knew that Plaintiff was working overtime, and that Federal law requires employees 

to be compensated at time and one-half per hour for overtime pay.1

1 Upon information and belief, Defendants have been previously sued for violations of federal wage law and 

nevertheless continue to still violate the law. 

Case 1:20-cv-22738-UU Document 1 Entered on FLSD Docket 07/02/2020 Page 4 of 9
5

27. Defendants maintained complete control over the hours Plaintiff worked and the pay he was 

to receive. 

28. Plaintiff has retained the undersigned firm to prosecute this action on his behalf and has agreed 

to pay it a reasonable fee for its services.

29. Plaintiff is entitled to his reasonable attorneys’ fees and costs if he is the prevailing party in 

this action.

COUNT I

Wage & Hour Federal Statutory Violation against ALPINE TOWING

30. Plaintiff re-adopt each and every factual allegation as stated in paragraphs 1 through 29 of this 

complaint as if set out in full herein.

31. This action is brought by Plaintiff to recover from Defendant unpaid overtime and minimum 

wage 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.”

32. Since the commencement of Plaintiff's employment, ALPINE TOWING has willfully violated 

the provisions of § 7 of the Act [29 U.S.C. § 207] by employing employees engaged in 

commerce for workweeks longer than forty (40) hours without compensating him for all hours 

worked in excess of forty (40) hours at a rate not less than one and one half times his regular 

rate. 

33. Specifically, Plaintiff worked between 72-84 hours during each work week in which he was 

employed but he was not compensated at time and a half for the hours worked over forty (40) 

Case 1:20-cv-22738-UU Document 1 Entered on FLSD Docket 07/02/2020 Page 5 of 9
6

hours. 

34. 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.”

35. ALPINE TOWING is and was, during all times hereafter mentioned, an enterprise engaged in 

commerce or in the production of goods for commerce as defined in §§ 3 (r) and 3(s) of the 

FLSA, 29 U.S.C. § 203(r) and 203(s). ALPINE TOWING’s business activities involve those 

to which the Fair Labor Standards Act applies. 

36. The Plaintiff’s work for ALPINE TOWING likewise affects interstate commerce.

37. Plaintiff was not exempted from the overtime provision of the Act pursuant to the provisions 

of the Act, 29 U.S.C. § 213(a). 

38. ALPINE TOWING has knowingly and willfully failed to pay Plaintiff at time and one half of 

his regular rate of pay for all hours worked in excess of forty (40) per week between the 

relevant time period. 

39. By reason of the said intentional, willful and unlawful acts of ALPINE TOWING, Plaintiff has 

suffered damages plus incurring costs and reasonable attorneys' fees.

40. Plaintiff seeks to recover for unpaid wages accumulated from the date of hire.

41. ALPINE TOWING never posted any notice, as required by the Fair Labor Standards Act and 

Federal Law, to inform employees of their federal rights to overtime and minimum wage 

payments.

42. As a result of ALPINE TOWING’s willful violations of the Act, Plaintiff is entitled to 

liquidated damages. 

Case 1:20-cv-22738-UU Document 1 Entered on FLSD Docket 07/02/2020 Page 6 of 9
7

43. Plaintiff has retained the undersigned counsel to represent him in this action, and pursuant to 

29 U.S.C. § 216(b), Plaintiff is entitled to recover all reasonable attorneys' fees and costs 

incurred in this action from ALPINE TOWING. 

WHEREFORE, Plaintiff respectfully prays for the following relief against Defendant:

A. Adjudge and decree that Defendant has violated the FLSA and has done so willfully, 

intentionally and with reckless disregard for Plaintiff’s rights;

B. Award Plaintiff actual damages in the amount shown to be due for unpaid minimum 

wage and overtime compensation for hours worked in excess of forty (40) weekly, with 

interest; and

C. Award Plaintiff an equal amount in double damages/liquidated damages; and

D. Award Plaintiff the costs of this action, together with a reasonable attorneys' fees; and

E. Grant Plaintiff such additional relief as the Court deems just and proper under the 

circumstances.

COUNT II

Wage & Hour Federal Statutory Violation against SARAVIA

44. Plaintiff re-adopts each and every factual allegation as stated in paragraphs 1 through 29 of 

this complaint as if set out in full herein.

45. At the times mentioned, Defendant SARAVIA was, and is now, a corporate officer of corporate 

Defendant, ALPINE TOWING.

46. Defendant SARAVIA was an employer of Plaintiff within the meaning of Section 3(d) of the 

“Fair Labor Standards Act” [29 U.S.C. § 203(d)], in that SARAVIA acted directly in the 

interests of Defendant ALPINE TOWING in relation its employees including Plaintiff. 

Case 1:20-cv-22738-UU Document 1 Entered on FLSD Docket 07/02/2020 Page 7 of 9
8

47. Specifically, SARAVIA supervised Plaintiff, determined company payroll decisions, and 

maintained the right to hire and fire Plaintiff during all pertinent times hereto. 

48. Defendant SARAVIA had operational control of the business and is thus jointly liable for 

Plaintiff’s damages.

49. Defendant SARAVIA willfully and intentionally refused to properly pay Plaintiff wages as 

required by the law of the United States as set forth above and remains owing Plaintiff these 

wages since the commencement of Plaintiff’s employment with Defendants as set forth above. 

WHEREFORE, Plaintiff respectfully prays for the following relief against Defendant: 

A. Adjudge and decree that Defendant has violated the FLSA and has done so willfully, 

intentionally and with reckless disregard for Plaintiff’s rights;

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

compensation for hours worked in excess of forty (40) weekly, with interest; and

C. Award Plaintiff an equal amount in double damages/liquidated damages; and

D. Award Plaintiff the costs of this action, together with a reasonable attorneys' fees; and

E. Grant Plaintiff such additional relief as the Court deems just and proper under the 

circumstances.

[SPACE INTNETIONALLY LEFT BLANK]

Case 1:20-cv-22738-UU Document 1 Entered on FLSD Docket 07/02/2020 Page 8 of 9
9

JURY DEMAND

Plaintiff demands trial by jury of all issues triable as of right by jury.

Dated: July 2, 2020

Respectfully submitted,

PEREGONZA LAW GROUP, PLLC

1414 NW 107th Ave, 

Suite 302

Doral, FL 33172

Tel. (786) 650-0202

Fax. (786) 650-0200

By: /s/Nathaly Saavedra

Nathaly Saavedra, Esq. 

Fla. Bar No. 118315

Email: nathaly@peregonza.com

By: /s/Juan J. Perez

Juan J. Perez, Esq. 

Fla. Bar No. 115784

Email: juan@peregonza.com

Case 1:20-cv-22738-UU Document 1 Entered on FLSD Docket 07/02/2020 Page 9 of 9