UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO.:

SALOMON ALALU, 

Plaintiff,

v.

HERCULES PRODUCTS, INC., 

RAFAEL DANIEL BENARROCH,

JACOB BENARROCH,

Defendants.

__________________________________/

COMPLAINT

{Jury Trial Demanded}

Plaintiff, SALOMON ALALU, brings this action against Defendants, HERCULES 

PRODUCTS, INC. and RAFAEL DANIEL BENARROCH, 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 SALOMON ALALU was a resident of the State of

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

3. At all times material hereto, Plaintiff engaged in interstate commerce on a regular and 

recurring basis within the meaning of the FLSA including but not limited to interstate 

communication via telephone and email with customers in El Salvador, Guatemala, Costa Rica, 

Nicaraga, and Honduras.

4. At all times material hereto, Defendant, HERCULES PRODUCTS, INC., was a Florida 

corporation with its principal place of business in South Florida, engaged in commerce in the field 

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of automoative accessories, 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. Defendant, RAFAEL DANIEL BENARROCH, is a resident of Miami-Dade County, 

Florida and was, and now is, a manager of Defendant, HERCULES PRODUCTS, INC., controlled

Plaintiff’s duties, hours worked, and compensation, and managed the day-to-day operations of 

HERCULES PRODUCTS, INC. Accordingly, RAFAEL DANIEL BENARROCH was and is an 

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

6. Defendant, JACOB BENARROCH, is a resident of Miami-Dade County, Florida and was, 

and now is, a manager of Defendant, HERCULES PRODUCTS, INC., controlled Plaintiff’s duties

and compensation, and managed the operations of HERCULES PRODUCTS, INC. Accordingly, 

JACOB BENARROCH was and is an “employer” of the Plaintiff within the meaning of 29 U.S.C. 

§203(d).

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

manufactured outside Florida in furtherance of their business, including but not limited to phones, 

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

8. Plaintiff SALOMON ALALU worked for Defendants in the job title of, “General 

Manager.”

9. 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.

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

change as Plaintiff engages in the discovery process.

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

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

waived or abandoned.

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

services provided.

COUNT I

VIOLATION OF FAIR LABOR STANDARDS ACT (“FLSA”)

ALL DEFENDANTS

14. Plaintiff realleges and incorporates the allegations set forth in paragraphs 1-13 above as if

set forth herein in full.

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

that Plaintiff is entitled to: (i) time-and-a-half overtime pay and (ii) liquidated damages pursuant 

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

16. 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.

COUNT II

BREACH OF CONTRACT AND FAILURE TO PAY WAGES

DEFENDANT HERCULES PRODUCTS, INC.

17. Supplemental jurisdiction over the pendent state claim is conferred on this Court by 28 

U.S.C. 1367.

18. Plaintiff realleges and incorporates the allegations set forth in paragraphs 1-13 above as if 

set forth herein in full.

19. Plaintiff entered into oral contracts for wages with Defendant Hercules Products, Inc.

including for regular wages, commissions, and bonuses as set forth in Exhibit A.

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20. Defendant Hercules Products, Inc. promised Plaintiff 2% of Defendant’s gross product 

sales per year.

21. Defendant Hercules Products, Inc. promised Plaintiff $10,000 annually as a “gesture 

bonus” for completing the year’s employment and duties.

22. Defendant Hercules Products, Inc. promised Plaintiff 15% of Irago’s gross profit annually.

23. Defendant Hercules Products, Inc. promised Plaintiff semi-monthly net regular wages of 

$1,933.75.

24. Plaintiff worked for Defendant and did not receive the compensation promised. Defendant, 

therefore, wrongfully deprived Plaintiff of wages that were due and owing and to which Plaintiff

is lawfully entitled under oral contracts for wages with Defendant Hercules Products, Inc.

25. Plaintiff have been damaged as a result of Defendant Hercules Products, Inc.’s failure to 

pay the agreed upon wages.

26. Pursuant to Section 448.08, Florida Statutes, Plaintiff is entitled to the costs of this action 

and reasonable attorneys’ fees.

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WHEREFORE, Plaintiff demands judgment against Defendant Hercules Products, Inc. for 

the unpaid wages that are due and owing, prejudgment interest, reasonable attorneys’ fees and 

costs incurred in this action and any and all further relief this 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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