UNITED STATES COURT

SOUTHERN DISTRICT OF FLOIDA

WEST PALM BEACH DIVISION

 Case No.:

RALPH PEREZ,

Plaintiff,

vs.

CAMEL TOWING, LLC

Defendant.

__________________________________/

COMPLAINT AND DEMAND FOR JURY TRIAL

COMES NOW, Plaintiff, RALPH PEREZ, (hereinafter referred to as “Mr. Perez”), by 

and through the undersigned attorneys, and sues Defendant, CAMEL TOWING, LLC 

(hereinafter referred to as “Defendant”), and alleges as follows:

GENERAL ALLEGATIONS

1. This is an action to recover the unpaid wages and overtime compensation, 

liquidated damages, attorney’s fees and costs pursuant to the Fair Labor Standards Act, as 

amended, 29 U.S.C. §201 et seq. against Defendant. 

2. Mr. Perez resides within the geographical jurisdiction of the Southern District of 

Florida, is over the age of 18 and is otherwise sui juris. 

3. Defendant is a Florida limited liability company, qualified to do, and doing 

business in Florida, with its principal place of business in Florida, and within the jurisdiction of 

this Court, which employed Mr. Perez at the Camel Towing location in Lake Worth, Florida.

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

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5. From April 2019 to June 2019, Mr. Perez worked for Defendant as a “Tow Truck 

Driver.”

6. Upon information and belief, Defendant’s gross annual revenues exceeded 

$500,000.00 per year.

7. Further, upon information and belief, Defendant, a towing company with 

locations in Lake Worth and Jacksonville, Florida, handled and/or moved goods in interstate 

commerce in the year 2019.

8. Therefore, based on the aforementioned, Defendant was, at all times hereafter 

mentioned, engaged in commerce or in the production of goods for commerce as defined in 29 

U.S.C. §§203(r) and 203(s).

9. At all times material hereto, Mr. Perez, in performing his job duties, engaged in 

commerce within the meaning of 29 U.S.C. §§203(b), 203(r), 203(s), 206(a), and 207(a).

10. At all times pertinent to the Complaint, Defendant failed to comply with 29 

U.S.C. §§201 – 219 in that Mr. Perez performed hours of service in excess of forty (40) hours

every work week, for which Defendant failed to properly pay additional overtime premiums. Mr. 

Perez regularly worked seventy-five (75) to ninety (90) hours a week.

11. The pay practice by Defendant violated the FLSA as it failed to properly pay 

overtime to Mr. Perez for all hours worked in excess of forty (40) per week.

COUNT I

RECOVERY OF UNPAID OVERTIME

12. Mr. Perez re-alleges and reaffirms paragraphs 1 through 11 as though fully set 

forth herein.

13. From April 2019 to June 2019, Mr. Perez worked as a Tow Truck Driver for 

Defendant at a regular rate of $9.00 per hour and an overtime rate of $13.50 per hour.

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14. During the aforementioned time period, Defendant required Mr. Perez to work a 

minimum of sixty (60) hours a week, and he regularly worked ninety (90) hours per week.

15. While Defendant paid some overtime hours each week, it routinely underpaid Mr. 

Perez by ten (10) or more hours on a weekly basis.

16. During the period of April 10, 2019 to April 16, 2019, Defendant did not pay Mr. 

Perez for fifty (50) hours of overtime. Mr. Perez is entitled to receive a total of $675.00 in 

overtime pay. In addition, Defendant willfully failed to pay overtime as required by 29 U.S.C. 

§207(a) and willfully failed to abide by the provisions of the FLSA. Accordingly, Mr. Perez is 

entitled to collect liquidated damages as provided by 29 U.S.C. §216(b) in the amount of 

$675.00. Mr. Perez is entitled to recover a total of $1,350.00 for the period of April 10, 2019 to 

April 16, 2019.

17. During the period of April 17, 2019 to April 23, 2019, Defendant did not pay Mr. 

Perez for thirteen (13) hours of overtime. Mr. Perez is entitled to receive a total of $175.50 in 

overtime pay. In addition, Defendant willfully failed to pay overtime as required by 29 U.S.C. 

§207(a) and willfully failed to abide by the provisions of the FLSA. Accordingly, Mr. Perez is 

entitled to collect liquidated damages as provided by 29 U.S.C. §216(b) in the amount of 

$175.50. Mr. Perez is entitled to recover a total of $351.00 for the period of April 17, 2019 to 

April 23, 2019.

18. During the period of April 24, 2019 to April 30, 2019, Defendant did not pay Mr. 

Perez for thirty-one (31) hours of overtime. Mr. Perez is entitled to receive a total of $418.50 in 

overtime pay. In addition, Defendant willfully failed to pay overtime as required by 29 U.S.C. 

§207(a) and willfully failed to abide by the provisions of the FLSA. Accordingly, Mr. Perez is 

entitled to collect liquidated damages as provided by 29 U.S.C. §216(b) in the amount of 

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$418.50. Plaintiff is entitled to recover a total of $837.00 for the period of April 24, 2019 to 

April 30, 2019.

19. During the period of May 1, 2019 to May 7, 2019, Defendant did not pay Mr. 

Perez for twenty (20) hours of overtime. Mr. Perez is entitled to receive a total of $270.00 in 

overtime pay. In addition, Defendant willfully failed to pay overtime as required by 29 U.S.C. 

§207(a) and willfully failed to abide by the provisions of the FLSA. Accordingly, Mr. Perez is 

entitled to collect liquidated damages as provided by 29 U.S.C. §216(b) in the amount of 

$270.00. Mr. Perez is entitled to recover a total of $540.00 for the period of May 1, 2019 to May

7, 2019.

20. During the period of May 8, 2019 to May 14, 2019, Defendant did not pay Mr. 

Perez for fifty (50) hours of overtime. Mr. Perez is entitled to receive a total of $675.00 in 

overtime pay. In addition, Defendant willfully failed to pay overtime as required by 29 U.S.C. 

§207(a) and willfully failed to abide by the provisions of the FLSA. Accordingly, Mr. Perez is 

entitled to collect liquidated damages as provided by 29 U.S.C. §216(b) in the amount of 

$675.00. Mr. Perez is entitled to recover a total of $1,350.00 for the period of May 8, 2019 to 

May 14, 2019.

21. During the period of May 15, 2019 to May 21, 2019, Defendant did not pay Mr. 

Perez for twenty (20) hours of overtime. Mr. Perez is entitled to receive a total of $270.00 in 

overtime pay. In addition, Defendant willfully failed to pay overtime as required by 29 U.S.C. 

§207(a) and willfully failed to abide by the provisions of the FLSA. Accordingly, Mr. Perez is 

entitled to collect liquidated damages as provided by 29 U.S.C. §216(b) in the amount of 

$270.00. Mr. Perez is entitled to recover a total of $540.00 for the period of May 15, 2019 to 

May 21, 2019.

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22. During the period of May 22, 2019 to May 28, 2019, Defendant did not pay Mr. 

Perez for fifty (50) hours of overtime. Mr. Perez is entitled to receive a total of $675.00 in 

overtime pay. In addition, Defendant willfully failed to pay overtime as required by 29 U.S.C. 

§207(a) and willfully failed to abide by the provisions of the FLSA. Accordingly, Mr. Perez is 

entitled to collect liquidated damages as provided by 29 U.S.C. §216(b) in the amount of 

$675.00. Mr. Perez is entitled to recover a total of $1,350.00 for the period of May 22, 2019 to 

May 28, 2019.

23. During the period of May 29, 2019 to June 4, 2019, Defendant did not pay Mr. 

Perez for fourteen and half (14.5) hours of overtime. Mr. Perez is entitled to receive a total of 

$195.75 in overtime pay. In addition, Defendant willfully failed to pay overtime as required by 

29 U.S.C. §207(a) and willfully failed to abide by the provisions of the FLSA. Accordingly, Mr. 

Perez is entitled to collect liquidated damages as provided by 29 U.S.C. §216(b) in the amount of 

$195.75. Mr. Perez is entitled to recover a total of $391.50 for the period of May 29, 2019 to 

June 4, 2019.

24. During the period of June 5, 2019 to June 11, 2019, Defendant did not pay Mr. 

Perez for fifty (50) hours of overtime. Mr. Perez is entitled to receive a total of $675.00 in 

overtime pay. In addition, Defendant willfully failed to pay overtime as required by 29 U.S.C. 

§207(a) and willfully failed to abide by the provisions of the FLSA. Accordingly, Mr. Perez is 

entitled to collect liquidated damages as provided by 29 U.S.C. §216(b) in the amount of 

$675.00. Mr. Perez is entitled to recover a total of $1,350.00 for the period of June 5, 2019 to 

June 11, 2019.

25. During the period of June 12, 2019 to June 18, 2019, Defendant did not pay Mr. 

Perez for fifty (50) hours of overtime. Mr. Perez is entitled to receive a total of $675.00 in 

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overtime pay. In addition, Defendant willfully failed to pay overtime as required by 29 U.S.C. 

§207(a) and willfully failed to abide by the provisions of the FLSA. Accordingly, Mr. Perez is 

entitled to collect liquidated damages as provided by 29 U.S.C. §216(b) in the amount of 

$675.00. Mr. Perez is entitled to recover a total of $1,350.00 for the period of June 12, 2019 to 

June 18, 2019.

26. Defendant knew that its refusal and/or failure to pay overtime is and was at all 

times material hereto prohibited by the FLSA. Defendant intentionally and willfully violated the 

FLSA as cited herein and/or showed reckless disregard for whether the described refusals and/or 

failures were in violation of the FLSA.

27. At all times material hereto, Defendant failed to maintain proper time records as 

mandated by the FLSA regarding the hours worked by Mr. Perez.

28. Mr. Perez is entitled to recover from Defendant, a total of $9,409.50 as damages 

related to not being paid for work performed as required by 29 U.S.C. §207(a). In addition, 

Plaintiff is entitled to recover all of his attorney’s fees and costs as a result of being required to 

file and prosecute this action for unpaid overtime, as provided by 29 U.S.C. §216(b).

29. Plaintiff demands a trial by jury on all issues so triable.

WHEREFORE, Plaintiff, RALPH PEREZ, respectfully requests that a judgement be 

entered against Defendant, CAMEL TOWING, LLC, finding that Defendant willfully violated 

the FLSA and awarding Plaintiff compensation for all hours he worked for Defendant, but for 

which he was not compensated as required by the FLSA, as well as attorneys’ fees, costs and 

expenses, and any further relief this Court deems just and proper.

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Dated this 24th day of July, 2020.

Respectfully submitted,

By: /s/ Christine M. Tomasello

Christine M. Tomasello, Esq.

Florida Bar No. 0022913

GORDON & PARTNERS, P.A.

4114 Northlake Boulevard

Palm Beach Gardens, FL 33410

Telephone: (561) 799-5070 

Facsimile: (561) 799-4050

E-mail: ctomasello@fortheinjured.com

Attorneys for Plaintiff

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