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Scott Wagner & Associates, P.A. 

Complaint 

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IN THE UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

Case No. 

DAVID ALLENSWORTH, 

 Plaintiff, 

v. 

ICAMCO, INC. 

a Florida profit corporation, 

 Defendant. 

__________________/ 

COMPLAINT 

 COMES NOW the Plaintiff, DAVID ALLENSWORTH (“Allensworth”), by and through 

his undersigned attorney, hereby files this lawsuit against Defendant, ICAMCO, INC., a Florida 

profit corporation, and as grounds therefore alleges as follows: 

JURISDICTION, PARTIES, AND VENUE

1. This matter in controversy concerns unpaid overtime payments, liquidated damages, and 

attorney’s fees. 

2. This is an action for damages and is brought pursuant to the Fair Labor Standards Act, 29 

U.S.C. §207 (“FLSA”), for unpaid overtime. 

3. This Court has original jurisdiction over this matter insofar as the matter involves a federal 

question, namely violation of 29 U.S.C. §216(b). 

4. Plaintiff ALLENSWORTH is a resident of Monroe County, Florida. 

5. Defendant ICAMCO, INC. is a corporation registered with the State of Florida with a 

principal place of business at 3438 Duck Avenue, Unit 1, Key West, Florida 33040. 

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Scott Wagner & Associates, P.A. 

Complaint 

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6. This cause of action arose in Monroe County, Florida. 

7. Monroe County, Florida is proper venue for this action because Plaintiff resides in Monroe 

County and at all times material hereto, Plaintiff was employed by and had dealings with 

Defendant in Monroe County, Florida.

8. Defendant failed to pay Plaintiff the mandatory overtime wages as required under federal law. 

9. Defendant has an annual gross sales volume that exceeds the statutory requirements of 

$500,000.00 per annum. 

10. Defendant, at all times material hereto, was an enterprise engaged in interstate commerce or in 

the production of goods for commerce as defined in Section 3(r) and 3(s) of the Act. 

11. Plaintiff’s job duties were such that he himself was individually engaged in commerce. 

COMMON ALLEGATIONS 

12. Plaintiff was employed with Defendant in the preceding three years. 

13. Plaintiff’s position was maintenance. At all times he was non-exempt. 

14. Plaintiff regularly worked over forty (40) hours in a given work week. 

15. Defendant failed to pay Plaintiff the mandatory wages as required under federal law. 

16. Defendant failed to pay Plaintiff overtime as required by federal law. 

17. Plaintiff is a non-exempt employee under the FLSA. 

18. Plaintiff’s job duties were such that he himself was individually engaged in commerce. 

19. During Plaintiff’s employment he was not paid for all hours work. 

20. Plaintiff was not paid his overtime rate for hours over forty (40). 

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Scott Wagner & Associates, P.A. 

Complaint 

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COUNT I 

UNPAID OVERTIME 

IN VIOLATION OF THE FAIR LABOR STANDARDS ACT 29 U.S.C. §207 

Plaintiff re-alleges and references each and every allegation contained in the preceding 

Paragraphs 1 through 20 and incorporates the same as set forth fully herein. 

21. Plaintiff is a covered, non-exempt employee and is entitled to overtime compensation for all 

hours worked in excess of forty (40) hours per week. 

22. Plaintiff worked in excess of forty (40) hours per week for several of the work weeks he was 

employed with the Defendant. 

23. Plaintiff worked in excess of forty (40) hours per week without being compensated for any 

overtime benefits by the Defendant. 

24. Defendant failed to compensate Plaintiff up to one and a half times his hourly rate for all 

worked performed in excess of forty (40) hours. 

25. The Defendant’s failure to properly compensate Plaintiff is in violation of the Fair Labor 

Standards Act, pursuant to 29 U.S.C. §207. Plaintiff is aware of hours for which he was not 

compensated in the preceding period of time. 

26. Defendant’s failure to pay Plaintiff overtime was the result of intentional, willful misconduct, 

such that Plaintiff is entitled to overtime payments for the entire preceding period. 

27. As a direct and proximate result of the Defendant’s actions, Plaintiff has obtained counsel to 

represent him in this action and has agreed to incur reasonable attorney’s fees and costs for 

the prosecution of this matter. As a result, Plaintiff is entitled to reimbursement and/or an 

award of reasonable attorney’s fees and costs pursuant to 29 U.S.C. §216. 

28. As a direct and proximate result of the Defendant’s actions, Plaintiff has suffered damages. 

29. As a result of Defendant’s conduct, Plaintiff is entitled to unpaid wages for overtime, 

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Scott Wagner & Associates, P.A. 

Complaint 

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liquidated damages and other penalties. 

WHEREFORE, Plaintiff prays that judgment be entered in his favor and against the Defendant 

as follows: The Plaintiff be awarded general and compensatory damages, liquidated damages, 

prejudgment interest; that Plaintiff be awarded reasonable attorneys’ fees and costs of suit pursuant 

to 29 U.S.C.A. §216; and that Plaintiff be awarded other and further relief as the Court deems just 

and proper. 

DEMAND FOR JURY TRIAL 

 Plaintiff demands a jury on all issues so triable. 

Dated this 30th day of June 2020. 

SCOTT WAGNER & ASSOCIATES, P.A. 

Jupiter Gardens 

250 South Central Boulevard 

Suite 104-A 

Jupiter, FL 33458 

Telephone: (561) 653-0008 

Facsimile: (561) 653-0020 

s/Cathleen Scott 

Cathleen Scott, Esq. 

Florida Bar Number 135331 

Primary e-mail: CScott@scottwagnerlaw.com

Secondary e-mail: mail@scottwagnerlaw.com 

 Secondary Address: 101 Northpoint Parkway 

West Palm Beach, FL 33407 

www.ScottWagnerLaw.com

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