UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO.:

FREDDIE YOUNG, 

Plaintiff,

v.

PERSAUD USA HOLDINGS LLC D/B/A SAMMYS

DISCOUNT FOOD AND DELI, PERSAUD & PERSAUD

L.L.C D/B/A 19 STREET DISCOUNT GROCERY, 

UNITED HOLDINGS USA LLC D/B/A CONVENIENT

DISCOUNT FOOD AND DELI, DARMINDRA PERSAUD,

SALESH SHIVPERSAUD, 

Defendants.

_________________________________________________/

COMPLAINT

{Jury Trial Demanded}

Plaintiff, FREDDIE YOUNG, brings this action against Defendants, PERSAUD USA 

HOLDINGS LLC D/B/A SAMMYS DISCOUNT FOOD AND DELI, PERSAUD & PERSAUD 

L.L.C D/B/A 19 STREET DISCOUNT GROCERY, UNITED HOLDINGS USA LLC D/B/A 

CONVENIENT DISCOUNT FOOD AND DELI, DARMINDRA PERSAUD, and SALESH 

SHIVPERSAUD, pursuant to the Fair Labor Standards Act (“FLSA”), 29 U.S.C § 201 et seq., and 

alleges as follows:

1. Jurisdiction is conferred on this Court by 28 U.S.C. § 1331 and 29 U.S.C. § 216(b).

2. At all times material hereto, Plaintiff FREDDIE YOUNG was a resident of the State of 

Florida and an “employee” of Defendants as defined by the FLSA.

3. At all times material hereto, Defendant, PERSAUD USA HOLDINGS LLC D/B/A 

SAMMYS DISCOUNT FOOD AND DELI, was a Florida corporation with its principal place of 

business in South Florida, engaged in commerce in the field of convenience store operations, at all 

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times material hereto was the “employer” of Plaintiff as that term is defined under statutes 

referenced herein, engaged along with its employees in interstate commerce, and has annual gross 

sales and/or business volume of $500,000 or more.

4. At all times material hereto, Defendant, PERSAUD & PERSAUD L.L.C D/B/A 19 

STREET DISCOUNT GROCERY, was a Florida corporation with its principal place of business 

in South Florida, engaged in commerce in the field of convenience store operations, at all times 

material hereto was the “employer” of Plaintiff as that term is defined under statutes referenced 

herein, engaged along with its employees in interstate commerce, and has annual gross sales and/or 

business volume of $500,000 or more.

5. At all times material hereto, Defendant, UNITED HOLDINGS USA LLC D/B/A 

CONVENIENT DISCOUNT FOOD AND DELI, was a Florida corporation with its principal place 

of business in South Florida, engaged in commerce in the field of convenience store operations, at 

all times material hereto was the “employer” of Plaintiff as that term is defined under statutes 

referenced herein, engaged along with its employees in interstate commerce, and has annual gross 

sales and/or business volume of $500,000 or more.

6. Defendant, DARMINDRA PERSAUD, is a resident of Broward County, Florida and was, 

and now is, a manager of Defendants, PERSAUD USA HOLDINGS LLC D/B/A SAMMYS 

DISCOUNT FOOD AND DELI, PERSAUD & PERSAUD L.L.C D/B/A 19 STREET 

DISCOUNT GROCERY, AND UNITED HOLDINGS USA LLC D/B/A CONVENIENT 

DISCOUNT FOOD AND DELI, controlled Plaintiff’s duties, hours worked, and compensation, 

and managed the day-to-day operations of PERSAUD USA HOLDINGS LLC D/B/A SAMMYS 

DISCOUNT FOOD AND DELI, PERSAUD & PERSAUD L.L.C D/B/A 19 STREET 

DISCOUNT GROCERY, AND UNITED HOLDINGS USA LLC D/B/A CONVENIENT 

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DISCOUNT FOOD AND DELI. Accordingly, DARMINDRA PERSAUD was and is an 

“employer” of the Plaintiff within the meaning of 29 U.S.C. §203(d).

7. Defendant, SALESH SHIVPERSAUD, is a resident of Broward County, Florida and was, 

and now is, a manager of Defendants, PERSAUD USA HOLDINGS LLC D/B/A SAMMYS 

DISCOUNT FOOD AND DELI, PERSAUD & PERSAUD L.L.C D/B/A 19 STREET 

DISCOUNT GROCERY, AND UNITED HOLDINGS USA LLC D/B/A CONVENIENT 

DISCOUNT FOOD AND DELI, controlled Plaintiff’s duties, hours worked, and compensation, 

and managed the day-to-day operations of PERSAUD USA HOLDINGS LLC D/B/A SAMMYS 

DISCOUNT FOOD AND DELI, PERSAUD & PERSAUD L.L.C D/B/A 19 STREET 

DISCOUNT GROCERY, AND UNITED HOLDINGS USA LLC D/B/A CONVENIENT 

DISCOUNT FOOD AND DELI. Accordingly, SALESH SHIVPERSAUD was and is an 

“employer” of the Plaintiff within the meaning of 29 U.S.C. §203(d).

8. Defendants, PERSAUD USA HOLDINGS LLC D/B/A SAMMYS DISCOUNT FOOD 

AND DELI, PERSAUD & PERSAUD L.L.C D/B/A 19 STREET DISCOUNT GROCERY and 

UNITED HOLDINGS USA LLC D/B/A CONVENIENT DISCOUNT FOOD AND DELI, are a 

single enterprise under the Fair Labor Standards Act, performed related activities through unified 

operation and common control for a common business purpose, engaged along with their 

employees in interstate commerce, and have an annual gross sales and/or business volume of 

$500,000 or more.

9. Defendants, PERSAUD USA HOLDINGS LLC D/B/A SAMMYS DISCOUNT FOOD 

AND DELI, PERSAUD & PERSAUD L.L.C D/B/A 19 STREET DISCOUNT GROCERY and 

UNITED HOLDINGS USA LLC D/B/A CONVENIENT DISCOUNT FOOD AND DELI, were 

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joint employers of Plaintiff under the Fair Labor Standards Act, shared Plaintiff’s services, had 

Plaintiff acting in the interest of each business, and shared common control of Plaintiff. 

10. Two or more of Defendants’ employees handled tools, supplies, and equipment 

manfuactured outside Florida in furthernace of their business including but not limited to phones, 

computers, computer monitors, computer keyboards, computer mice, pens, and paper.

11. Plaintiff FREDDIE YOUNG worked for Defendants as a floor man and laborer.

12. Defendants failed to pay Plaintiff’s full and proper overtime wages of 1.5 times Plaintiff’s

regular hourly rate for hours worked over 40 each week.

13. Defendants failed to pay Plaintiff’s full and proper minimum wages for hours worked 

during Plaintiff’s employment.

14. Attached as Exhibit A is a preliminary calculation of Plaintiff’s claims. These amounts may 

change as Plaintiff engages in the discovery process.

15. Defendants have knowingly and willfully refused to pay Plaintiff’s legally-entitled wages.

16. Plaintiff has complied with all conditions precedent to bringing this suit, or same have been 

waived or abandoned.

17. Plaintiff has retained the services of the undersigned and is obligated to pay for the legal 

services provided.

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COUNT I

VIOLATION OF FAIR LABOR STANDARDS ACT (“FLSA”)

ALL DEFENDANTS

18. Plaintiff realleges and incorporates the allegations set forth in paragraphs 1-17 above as if

set forth herein in full.

19. Plaintiff alleges this action pursuant to the Fair Labor Standards Act, 29 U.S.C. §§ 216 (b), 

that Plaintiff is entitled to: (i) unpaid minimum wages; (ii) time-and-a-half overtime pay, and (iii) 

liquidated damages pursuant to the Fair Labor Standards Act, 29 U.S.C. §§ 201 et seq. 

20. Plaintiff seeks recovery of damages as referenced above and further seeks interest, costs, 

and attorneys’ fees pursuant to 29 U.S.C. § 216(b).

WHEREFORE, Plaintiff demands judgment against Defendants, jointly and severally, plus 

costs, reasonable attorneys’ fees, and such other remedy as the court deems just and appropriate.

Respectfully submitted,

Koz Law, P.A.

320 S.E. 9th Street

Fort Lauderdale, Florida 33316

Phone: (786) 924-9929

Fax: (786) 358-6071

Email: ekoz@kozlawfirm.com

Elliot Kozolchyk, Esq.

Bar No.: 74791

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