UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION 

Case No. 1:20-cv-23216-UU

CARLOS TOLEDO, 

Plaintiff, 

v. 

C4 PLANNING SOLUTIONS, LLC, 

a Limited Liability Company, 

Defendant. 

____________________________________/

NOTICE OF FILING PLAINTIFF’S AMENDED STATEMENT OF CLAIM

Pursuant to this Court’s Order dated August 4, 2020 [DE.4], Plaintiff, CARLOS 

TOLEDO, hereby gives Notice of filing the following Amended Statement of Claim: 

STATEMENT OF CLAIM

Plaintiff states the following: 

Plaintiff was hired by Defendant to work as a non-exempt hourly paid Engineer for 

Defendant from January 22, 2018 through July 20, 2020 (130) weeks. As a non-exempt 

hourly paid employee under the FLSA, Plaintiff was entitled to time and one-half 

overtime compensation for all hours worked over forty (40) within a work week. 

Plaintiff worked for Defendant in excess of forty (40) hours within a work week, 

throughout his employment and Defendant failed to compensate Plaintiff at a rate of one 

and one-half times Plaintiff’s regular rate for all hours worked in excess of forty (40) 

hours in a single workweek. Plaintiff was required to work forty-five (45) t per week 

(approximately 5 overtime hours). Rather than pay Plaintiff time and half overtime as the 

FLSA required, Defendant elected to pay Plaintiff straight time, or his regular hourly rate, 

for each hour worked over forty (40) per week. Plaintiff was illegally terminated on July 

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20, 2020, upon his objection to Defendant’s illegal pay practices the day before on July 

19, 2020, and is seeking lost/back wages from the date of termination through the date of 

trial

Upon receipt of Defendant’s records, if necessary, Plaintiff will supplement and/or 

amend this Statement of Claim, to reflect actual damages owed. Accordingly, Plaintiff is 

entitled to compensation for overtime hours each work week, Plaintiff estimates his

damages as follows:

Based on a half time method, Plaintiff calculates his overtime damages at:

January 22, 2018 through July 20, 2020 (130 weeks):

$80.04 per hour/ 2 = $40.02 (half time rate) x 5 hours (average overtime per 

week) = $200.10 x 130 weeks = 

TOTAL: $26,013.00 (unliquidated); $52,026.00 (liquidated). 

Plaintiff’s counsel has incurred 9.3 hours by counsel on this matter at his hourly 

rate of $450.00 per hour, for a total of $4,185.00. Additionally, Plaintiff has incurred 

filing fees on this matter. 

Plaintiff is seeking her full payment of all actual overtime wages owed and an 

equal amount in liquidated damages, plus reasonable attorneys’ fees and costs, on her 

behalf during this litigation of this matter.

Dated this 4th day of September 2020.

[The remainder of this page is intentionally left blank.]

Respectfully Submitted, 

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 /s/ Alexander T. Harne

Noah E. Storch, Esq.

 Florida Bar No. 0085476

Alexander T. Harne, Esq.

Florida Bar No. 126932

RICHARD CELLER LEGAL, P.A

10368 W. State Road 84, 

Suite 103

Davie, Florida 33324

Telephone: (866) 344-9243 

Facsimile: (954) 337-2771

E-mail: 

noah@floridaovertimelawyer.com

 Attorneys for Plaintiff

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