1 | Page

PERERA BARNHART ALEMÁN

12401 Orange Drive · Suite 123 · Davie, FL 33330

300 Sevilla Avenue · Suite 206 · Coral Gables, FL 33134

www.PBA-Law.com · Phone (786) 485.5232

IN THE UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

CASE NO. _________________

KIBAKA LANDU, 

Plaintiff, 

vs. 

GOD’S VIP SENIOR HAVEN, LTD,

VIP CARE PAVILLION, LLC, 

VIP SENIOR LIVING LLC, and 

MACKENZIE KELLER, individually,

Defendants. 

___________________________________/ 

COMPLAINT

KIBAKA LANDU (“Plaintiff”), by and through the undersigned counsel, 

hereby sues GOD’S VIP SENIOR HAVEN, LTD (hereinafter “God’s VIP”), VIP 

CARE PAVILLION, LLC (hereinafter “VIP Care”), VIP SENIOR LIVING, LLC (“Vip 

Senior Living”), and MACKENZIE KELLER (hereinafter “Keller”), individually,

(collectively “Defendants”) and alleges as follows:

INTRODUCTION

1. This is an action for unpaid overtime wages pursuant to the Fair 

Labor Standards Act, 29 U.S.C. §§ 201 et seq. (“FLSA”). 

2. Plaintiff seeks damages within this Court’s jurisdiction, reasonable 

attorneys’ fees and costs pursuant to the FLSA, and all other remedies allowable 

by law.

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2 | Page

PERERA BARNHART ALEMÁN

12401 Orange Drive · Suite 123 · Davie, FL 33330

300 Sevilla Avenue · Suite 206 · Coral Gables, FL 33134

www.PBA-Law.com · Phone (786) 485.5232

PARTIES, JURISDICTION, AND VENUE

3. Plaintiff was formerly employed by Defendants and performed work 

for Defendants in Broward County, Florida.

4. God’s VIP is, and was, a Florida company conducting business in 

Broward County, Florida during the relevant period, October 1, 2019 through 

January 31, 2020.

5. VIP Care is, and was, a Florida company conducting business in 

Broward County, Florida during the relevant period, October 1, 2019 through 

January 31, 2020.

6. VIP Senior Living is, and was, a Florida company conducting 

business in Broward County, Florida during the relevant period, October 1, 2019 

through January 31, 2020.

7. God’s VIP, VIP Care, and VIP Senior Living are Plaintiff’s employers, 

joint employers, or co-employers for purposes of the FLSA as the term employer 

is defined by 29 U.S.C. § 203 during some or all of the relevant period.

8. During the relevant period, Keller was the operator of the company, 

God’s VIP and VIP Care exercised control over the terms and conditions, 

including wages and work hours, of Plaintiff’s employment. 

9. Venue is proper in this Court because Defendants transact 

business in this District, Defendants maintain a principal place of business in 

this District, Defendants employed Plaintiff in this District, and the claims arose 

within the District. 

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3 | Page

PERERA BARNHART ALEMÁN

12401 Orange Drive · Suite 123 · Davie, FL 33330

300 Sevilla Avenue · Suite 206 · Coral Gables, FL 33134

www.PBA-Law.com · Phone (786) 485.5232

GENERAL ALLEGATIONS

A. Defendants’ Business and Interstate Commerce 

10. The primary purpose of God’s VIP is to operate an Assisted Living 

Facility.

11. The primary purpose of VIP Care is to be the co-operator/co-owner 

of the Assisted Living Facility that God’s VIP regularly manages. 

12. The primary purpose of VIP Senior Living is to be the co-operator/coowner of the Assisted Living Facility that God’s VIP regularly manages. 

13. Under information and belief, Plaintiff alleges that God’s VIP’s gross 

annual revenue exceeded $500,000.00 during 2019 and is expected to exceed 

$500,000.00 during 2020. 

14. Under information and belief, Plaintiff alleges that VIP Care’s gross 

annual revenue exceeded $500,000.00 during 2019 and is expected to exceed 

$500,000.00 during 2020. 

15. Under information and belief, Plaintiff alleges that VIP Senior 

Living’s gross annual revenue exceeded $500,000.00 during 2019 and is 

expected to exceed $500,000.00 during 2020. 

16. God’s VIP customarily and regularly sold goods and services across 

state lines. 

17. VIP Care customarily and regularly sold goods and services across 

state lines. 

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4 | Page

PERERA BARNHART ALEMÁN

12401 Orange Drive · Suite 123 · Davie, FL 33330

300 Sevilla Avenue · Suite 206 · Coral Gables, FL 33134

www.PBA-Law.com · Phone (786) 485.5232

18. VIP Senior Living customarily and regularly sold goods and services 

across state lines. 

19. At all relevant times, God’s VIP employed two or more employees 

that customarily, continually, and regularly handled goods and materials that i) 

were purchased from a person or entity outside the state of Florida and/or ii) 

were purchased in Florida but had previously traveled through interstate 

commerce. 

20. At all relevant times, VIP Care employed two or more employees that 

customarily, continually, and regularly handled goods and materials that i) were 

purchased from a person or entity outside the state of Florida and/or ii) were 

purchased in Florida but had previously traveled through interstate commerce. 

21. At all relevant times, VIP Senior Living employed two or more 

employees that customarily, continually, and regularly handled goods and 

materials that i) were purchased from a person or entity outside the state of 

Florida and/or ii) were purchased in Florida but had previously traveled through 

interstate commerce. 

22. Upon information and belief, God’s VIP obtained and solicited funds 

from non-Florida sources, accepted funds from non-Florida sources, used 

telephonic (or other electronic) transmissions going over state lines to do its 

business, transmitted funds outside the State of Florida, used electronic means 

to market and run their business in a way that was not limited to Florida, and 

otherwise regularly engaged in interstate commerce during the relevant period.

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5 | Page

PERERA BARNHART ALEMÁN

12401 Orange Drive · Suite 123 · Davie, FL 33330

300 Sevilla Avenue · Suite 206 · Coral Gables, FL 33134

www.PBA-Law.com · Phone (786) 485.5232

23. Upon information and belief, VIP Care obtained and solicited funds 

from non-Florida sources, accepted funds from non-Florida sources, used 

telephonic (or other electronic) transmissions going over state lines to do its 

business, transmitted funds outside the State of Florida, used electronic means 

to market and run their business in a way that was not limited to Florida, and 

otherwise regularly engaged in interstate commerce during the relevant period.

24. Upon information and belief, VIP Senior Living obtained and 

solicited funds from non-Florida sources, accepted funds from non-Florida 

sources, used telephonic (or other electronic) transmissions going over state lines 

to do its business, transmitted funds outside the State of Florida, used electronic 

means to market and run their business in a way that was not limited to Florida, 

and otherwise regularly engaged in interstate commerce during the relevant 

period.

25. God’s VIP, upon information and belief, accepts checks, wire 

transfers, and other forms of payments that are made or processed outside the 

state of Florida, and did so during the relevant period. 

26. VIP Care, upon information and belief, accepts checks, wire 

transfers, and other forms of payments that are made or processed outside the 

state of Florida, and did so during the relevant period. 

27. VIP Senior Living, upon information and belief, accepts checks, wire 

transfers, and other forms of payments that are made or processed outside the 

state of Florida, and did so during the relevant period. 

Case 0:20-cv-61380-RS Document 1 Entered on FLSD Docket 07/09/2020 Page 5 of 16
6 | Page

PERERA BARNHART ALEMÁN

12401 Orange Drive · Suite 123 · Davie, FL 33330

300 Sevilla Avenue · Suite 206 · Coral Gables, FL 33134

www.PBA-Law.com · Phone (786) 485.5232

28. God’s VIP is an employer engaged in interstate commerce and 

subject to the FLSA. 

29. VIP Care is an employer engaged in interstate commerce and subject 

to the FLSA. 

30. VIP Senior Living is an employer engaged in interstate commerce 

and subject to the FLSA. 

31. Moreover, the FLSA specifically states that businesses “...engaged in 

the operation of...an institution primarily engaged in the care of the sick, the 

aged, or the mentally ill or defective who reside on the premises of such 

institution...” will be a covered entity subject to the federal statute’s wage & hour 

provisions, including overtime pay requirements. See 29 U.S.C. § 203(s)(1)(B). As 

such, Defendants are covered businesses for purposes of the FLSA.

B. Defendants’ Employment and Failure to Properly Pay Plaintiff

32. Plaintiff’s work began twenty years ago. 

33. During her employment, Plaintiff worked in a non-exempt capacity 

as a medical technician/caregiver for residents at Defendants’ assisted living 

facility.

34. The relevant time period for this matter is from October 1, 2019 

through January 31, 2020.

35. Plaintiff, at all material times, was paid an hourly rate. During the 

relevant time period for this matter, Plaintiff’s hourly rate was $10.50.

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PERERA BARNHART ALEMÁN

12401 Orange Drive · Suite 123 · Davie, FL 33330

300 Sevilla Avenue · Suite 206 · Coral Gables, FL 33134

www.PBA-Law.com · Phone (786) 485.5232

36. Plaintiff worked without issue as to her hours and pay until the 

business was sold to Defendants during October of 2019.

37. After that sale, Plaintiff began working at Defendants’ two locations 

(Davie and Margate, Florida) since the facilities ran the same type of operation 

and were under the same ownership. 

38. Starting in October of 2019, Plaintiff noticed her wages did not 

reflect the actual hours she worked. Specifically, Defendants would pay Plaintiff 

some of her overtime hours at only her straight/regular rate of pay ($10.50) and 

completely fail to pay Plaintiff any wages for the balance of her overtime work.

39. Since October of 2019, Plaintiff began keeping notes of her actual 

work hours. The contrast is startling when compared to what Defendants 

actually paid Plaintiff.

40. Throughout the relevant time period, Plaintiff worked from fortyeight (48) hours per week to as much as eighty (80) or ninety (90) hours per week

depending on the needs of the facility and scheduling.

41. Defendants willfully and intentionally failed to properly record 

Plaintiff’s work hours and provide her with a proper overtime premium for each 

overtime hour worked. 

42. Making matters worse, Plaintiff investigated her wage shortages and 

uncovered that Keller not only had the ability to review and change work hours 

for employees but actually did go into the system to alter Plaintiff’s work hours. 

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PERERA BARNHART ALEMÁN

12401 Orange Drive · Suite 123 · Davie, FL 33330

300 Sevilla Avenue · Suite 206 · Coral Gables, FL 33134

www.PBA-Law.com · Phone (786) 485.5232

43. Defendants were responsible for recording Plaintiff’s work hours, 

paying Plaintiff’s wages, and ensuring compliance with the FLSA’s requirement 

to calculate and tender overtime wages.

44. Defendants were Plaintiff’s employer, joint employer, or co-employer 

for purposes of the FLSA as the term employer is defined by 29 U.S.C. § 203. 

45. Defendants intentionally refused to pay Plaintiff overtime wages she 

was owed under the FLSA. 

C. Keller’s Employment of, and Failure to Properly Pay, Plaintiff

46. During the relevant period, MacKenzie Keller was Plaintiff’s 

manager/supervisor and general co-operator of the facilities.

47. During Plaintiff’s employment, Keller acted as Plaintiff’s supervisor, 

provided Plaintiff with her work duties, gave feedback on the work Plaintiff 

performed for Defendants, disciplined Plaintiff, and was responsible for 

recording, calculating, and paying Plaintiff’s work hours.

48. During the second week of February of 2020, Keller terminated 

Plaintiff. 

49. Keller intentionally refused to pay Plaintiff overtime wages she was 

owed under the FLSA. 

50. Keller is partially or totally responsible for paying Plaintiff’s wages. 

51. Keller must be considered one of Plaintiff’s employers, joint 

employer, or co-employer for purposes of the FLSA as the term employer is 

defined by 29 U.S.C. § 203. 

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PERERA BARNHART ALEMÁN

12401 Orange Drive · Suite 123 · Davie, FL 33330

300 Sevilla Avenue · Suite 206 · Coral Gables, FL 33134

www.PBA-Law.com · Phone (786) 485.5232

COUNT I

OVERTIME VIOLATION BY GOD’S VIP

UNDER THE FAIR LABOR STANDARDS ACT

52. Plaintiff re-alleges and incorporates by reference the allegations in 

paragraphs 1 through 45 above as if fully set forth herein. 

53. As part of its business, God’s VIP purchased goods and materials 

that traveled through interstate commerce. 

54. These goods and materials were customarily, continually, and 

regularly handled by two or more employees, including Plaintiff.

55. Upon information and belief, God’s VIP obtained and solicited funds 

from non-Florida sources, accepted funds from non-Florida sources, used 

telephonic transmissions going over state lines to do its business, transmitted 

funds outside the State of Florida, used electronic means to market and run its 

business in a way that was not limited to Florida, and otherwise regularly 

engaged in interstate commerce during the relevant period.

56. God’s VIP, upon information and belief, accepted credit card 

payments, wire transfers, and other forms of payments made or processed 

outside the state of Florida during the relevant.

57. God’s VIP is a business “...engaged in the operation of...an 

institution primarily engaged in the care of the sick, the aged, or the mentally ill 

or defective who reside on the premises of such institution...” and will be a 

covered entity subject to the federal statute’s wage & hour provisions, including 

overtime pay requirements. See 29 U.S.C. § 203(s)(1)(B).

Case 0:20-cv-61380-RS Document 1 Entered on FLSD Docket 07/09/2020 Page 9 of 16
10 | Page

PERERA BARNHART ALEMÁN

12401 Orange Drive · Suite 123 · Davie, FL 33330

300 Sevilla Avenue · Suite 206 · Coral Gables, FL 33134

www.PBA-Law.com · Phone (786) 485.5232

58. During her employment with God’s VIP, Plaintiff worked overtime 

hours for which she was not compensated at a rate of no less than time-and-ahalf her regularly rate of pay as required by the FLSA.

59. God’s VIP did not compensate Plaintiff for her overtime despite 

knowledge of the overtime hours Plaintiff worked.

60. Plaintiff is owed unpaid overtime compensation pursuant to the 

FLSA. 

61. In addition, God’s VIP is liable for double the overtime amounts owed 

as liquidated damages under the FLSA as a result of its intentional and willful 

violations for up to the three-year statute of limitations afforded by the FLSA. 

WHEREFORE, Plaintiff respectfully requests that the Court: 

a. Enter judgment for Plaintiff against God’s VIP under the FLSA;

b. Award Plaintiff actual damages for the unpaid wages;

c. Award Plaintiff liquidated damages; 

d. Award Plaintiff her attorneys’ fees and costs;

e. Award Plaintiff all recoverable interest; and

f. Award any other relief this Honorable Court deems just and 

proper. 

COUNT II

OVERTIME VIOLATIONS AGAINST VIP CARE UNDER 

THE FAIR LABOR STANDARDS ACT

62. Plaintiff re-alleges and incorporates by reference the allegations in 

paragraphs 1 through 45 above as if fully set forth herein.

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11 | Page

PERERA BARNHART ALEMÁN

12401 Orange Drive · Suite 123 · Davie, FL 33330

300 Sevilla Avenue · Suite 206 · Coral Gables, FL 33134

www.PBA-Law.com · Phone (786) 485.5232

63. As part of its business, VIP Care purchased goods and materials that 

traveled through interstate commerce. 

64. These goods and materials were customarily, continually, and 

regularly handled by two or more employees, including Plaintiff.

65. Upon information and belief, VIP Care obtained and solicited funds 

from non-Florida sources, accepted funds from non-Florida sources, used 

telephonic transmissions going over state lines to do its business, transmitted 

funds outside the State of Florida, used electronic means to market and run its 

business in a way that was not limited to Florida, and otherwise regularly 

engaged in interstate commerce during the relevant period.

66. VIP Care, upon information and belief, accepted credit card 

payments, wire transfers, and other forms of payments made or processed 

outside the state of Florida during the relevant.

67. VIP Care is a business “...engaged in the operation of...an institution 

primarily engaged in the care of the sick, the aged, or the mentally ill or defective 

who reside on the premises of such institution...” and will be a covered entity 

subject to the federal statute’s wage & hour provisions, including overtime pay 

requirements. See 29 U.S.C. § 203(s)(1)(B).

68. During her employment with VIP Care, Plaintiff worked overtime 

hours for which she was not compensated at a rate of no less than time-and-ahalf her regularly rate of pay as required by the FLSA.

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PERERA BARNHART ALEMÁN

12401 Orange Drive · Suite 123 · Davie, FL 33330

300 Sevilla Avenue · Suite 206 · Coral Gables, FL 33134

www.PBA-Law.com · Phone (786) 485.5232

69. VIP Care did not compensate Plaintiff for her overtime despite 

knowledge of the overtime hours Plaintiff worked.

70. Plaintiff is owed unpaid overtime compensation pursuant to the 

FLSA. 

71. In addition, VIP Care is liable for double the overtime amounts owed 

as liquidated damages under the FLSA as a result of its intentional and willful 

violations for up to the three-year statute of limitations afforded by the FLSA. 

WHEREFORE, Plaintiff respectfully requests that the Court: 

a. Enter judgment for Plaintiff against VIP Care under the FLSA;

b. Award Plaintiff actual damages for the unpaid wages;

c. Award Plaintiff liquidated damages; 

d. Award Plaintiff her attorneys’ fees and costs;

e. Award Plaintiff all recoverable interest; and

f. Award any other relief this Honorable Court deems just and 

proper. 

COUNT III

OVERTIME VIOLATIONS AGAINST VIP SENIOR LIVING UNDER 

THE FAIR LABOR STANDARDS ACT

72. Plaintiff re-alleges and incorporates by reference the allegations in 

paragraphs 1 through 45 above as if fully set forth herein.

73. As part of its business, VIP Senior Living purchased goods and 

materials that traveled through interstate commerce. 

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PERERA BARNHART ALEMÁN

12401 Orange Drive · Suite 123 · Davie, FL 33330

300 Sevilla Avenue · Suite 206 · Coral Gables, FL 33134

www.PBA-Law.com · Phone (786) 485.5232

74. These goods and materials were customarily, continually, and 

regularly handled by two or more employees, including Plaintiff.

75. Upon information and belief, VIP Senior Living obtained and 

solicited funds from non-Florida sources, accepted funds from non-Florida 

sources, used telephonic transmissions going over state lines to do its business, 

transmitted funds outside the State of Florida, used electronic means to market 

and run its business in a way that was not limited to Florida, and otherwise 

regularly engaged in interstate commerce during the relevant period.

76. VIP Senior Living, upon information and belief, accepted credit card 

payments, wire transfers, and other forms of payments made or processed 

outside the state of Florida during the relevant.

77. VIP Senior Living is a business “...engaged in the operation of...an 

institution primarily engaged in the care of the sick, the aged, or the mentally ill 

or defective who reside on the premises of such institution...” and will be a 

covered entity subject to the federal statute’s wage & hour provisions, including 

overtime pay requirements. See 29 U.S.C. § 203(s)(1)(B).

78. During her employment with VIP Senior Living, Plaintiff worked 

overtime hours for which she was not compensated at a rate of no less than timeand-a-half her regularly rate of pay as required by the FLSA.

79. VIP Senior Living did not compensate Plaintiff for her overtime 

despite knowledge of the overtime hours Plaintiff worked.

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PERERA BARNHART ALEMÁN

12401 Orange Drive · Suite 123 · Davie, FL 33330

300 Sevilla Avenue · Suite 206 · Coral Gables, FL 33134

www.PBA-Law.com · Phone (786) 485.5232

80. Plaintiff is owed unpaid overtime compensation pursuant to the 

FLSA. 

81. In addition, VIP Senior Living is liable for double the overtime 

amounts owed as liquidated damages under the FLSA as a result of its 

intentional and willful violations for up to the three-year statute of limitations 

afforded by the FLSA. 

WHEREFORE, Plaintiff respectfully requests that the Court: 

a. Enter judgment for Plaintiff against VIP Senior Living under the 

FLSA;

b. Award Plaintiff actual damages for the unpaid wages;

c. Award Plaintiff liquidated damages; 

d. Award Plaintiff her attorneys’ fees and costs;

e. Award Plaintiff all recoverable interest; and

f. Award any other relief this Honorable Court deems just and 

proper. 

COUNT IV

OVERTIME VIOLATIONS AGAINST MACKENZIE KELLER UNDER 

THE FAIR LABOR STANDARDS ACT

82. Plaintiff re-alleges and incorporates by reference the allegations in 

paragraphs 1 through 51 above as if fully set forth herein.

83. Keller operated the day-to-day activities of Defendants’ business, 

had supervisory authority over Plaintiff, had control/access to Plaintiff’s records 

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PERERA BARNHART ALEMÁN

12401 Orange Drive · Suite 123 · Davie, FL 33330

300 Sevilla Avenue · Suite 206 · Coral Gables, FL 33134

www.PBA-Law.com · Phone (786) 485.5232

for work hours, and was partially or totally responsible for paying Plaintiff’s 

wages. 

84. Keller scrutinized Plaintiff’s work and controlled how Plaintiff did her

job.

85. During Plaintiff’s employment with Defendants, Plaintiff 

consistently worked for Defendants over 40 hours per week. 

86. During her employment with Defendants, Plaintiff worked overtime 

hours for which she was not compensated at a rate of time-and-a-half her

regularly rate of pay as required by the FLSA. 

87. Plaintiff is owed unpaid overtime compensation pursuant to the 

FLSA. 

88. Keller did not compensate Plaintiff for her overtime despite her 

knowledge of the overtime hours Plaintiff worked.

89. Keller is also jointly and severally liable for double the overtime 

amounts owed as liquidated damages under the FLSA as a result of her

intentional and willful violation of the FLSA for up to the three-year statute of 

limitations afforded by the FLSA. 

WHEREFORE, Plaintiff respectfully requests that the Court: 

a. Enter judgment for Plaintiff against Keller under the FLSA;

b. Award Plaintiff actual damages for the unpaid wages;

c. Award Plaintiff liquidated damages; 

d. Award Plaintiff her attorneys’ fees and costs;

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PERERA BARNHART ALEMÁN

12401 Orange Drive · Suite 123 · Davie, FL 33330

300 Sevilla Avenue · Suite 206 · Coral Gables, FL 33134

www.PBA-Law.com · Phone (786) 485.5232

e. Award Plaintiff all recoverable interest; and

f. Award any other relief this Honorable Court deems just and proper. 

JURY TRIAL

Plaintiff hereby requests a trial by jury with respect to all claims so triable. 

Dated: July 9, 2020

Respectfully submitted,

By: /s/ Brody M. Shulman

Brody M. Shulman, Esq.

Florida Bar No. 92044

brody@pba-law.com

PERERA BARNHART ALEMAN, P.A.

300 Sevilla Avenue, Suite 206

Coral Gables, Florida 33134

Telephone: 786-485-5232

Kevin P. Ackerman, Esq.

Florida Bar No. 115385

kevin@ackermanfirm.com

The Ackerman Law Firm, P.A.

80 S.W. 8th Street Suite 2000

Miami, Florida 33130

Counsel for Plaintiff

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