UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO._________________

ISRAEL MINNIS,

Plaintiff,

vs.

KWIK STOP TIRES, LLC, 

a Florida corporation, and THAMER

ALMASRI, individually,

Defendants.

________________________________________/

COMPLAINT

Plaintiff, ISRAEL MINNIS, by and through undersigned counsel, sues the Defendants, 

KWIK STOP TIRES, LLC, (hereinafter, “Company”), and THAMER ALMASRI, 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, THAMER ALMASRI, 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 Defendants.

11. During his employment, 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. Specifically, Plaintiff worked 84 hours per week and was supposed to earn $9.00 per 

hour, but Defendants paid him far less in violation of the FLSA.

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13. An employee earning $9.00 per hour should be earning $9.00 for the first forty hours 

of work as straight time, or $360.00, and then one and one half times 9, or $13.50, for his 44 hours of 

overtime, or $594.00. 

14. Between his straight time and overtime, an employee earning $9.00 per hour working 

approximately 84 hours per week is owed $954.00 per week.

15. In 2018, for 12 weeks, Defendants paid Plaintiff $70.00 per day, or $490.00 per week, 

thus shorting Plaintiff approximately $464.00 per week, creating a shortfall of $5,568.00.

16. In 2019, for 16 weeks, Defendants paid Plaintiff $80.00 per day, or $560.00 per week, 

again shorting Plaintiff, this time by approximately $394.00 per week, resulting in a loss of 

$6,304.00.

17. In total, Plaintiff has been shorted approximately $11,872.00.

18. 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. 

19. 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 19

above.

 20. 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.

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21. 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–THAMER ALMASRI

Plaintiff incorporates by reference the allegations contained in paragraphs 1 through 19 of 

this Complaint.

 22. 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.

23. By reason of the intentional, willful and unlawful acts of the Defendant, THAMER

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

WHEREFORE, Plaintiff demands judgment against the Defendant, THAMER ALMASRI

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. 

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Dated: June 23, 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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