UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO. 20-cv-61562 RKA

GARNETTE VASSOR

Plaintiff

v.

HARKHAM SHIPPING, LLC

GABRIEL HARKHAM

JOSEPH WOLANSKI

Defendants

/

ANSWER AND AFFIRMATIVE DEFENSES

OF HARKHAM SHIPPING AND JOSEPH WOLANSKI

Defendants, Harkham Shipping, LLC and Joseph Wolanski (“Harkham”) hereby

respond to the Complaint in this matter as follows:

1. Harkham denies the allegations of this paragraph and demands strict proof

thereof.

2. Admitted.

3. Harkham denies the allegations of this paragraph and demands strict proof

thereof.

4. Harkham denies the allegations of this paragraph and demands strict proof

thereof.

5. Harkham denies the allegations of this paragraph and demands strict proof

thereof.

6. Harkham denies the allegations of this paragraph and demands strict proof

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thereof.

7. Harkham denies the allegations of this paragraph and demands strict proof

thereof.

8. Harkham denies the allegations of this paragraph and demands strict proof

thereof.

9. Harkham denies the allegations of this paragraph and demands strict proof

thereof.

10. Harkham denies the allegations of this paragraph and demands strict proof

thereof.

11. Harkham denies the allegations of this paragraph and demands strict proof

thereof.

12. Harkham denies the allegations of this paragraph and demands strict proof

thereof.

13. Harkham denies the allegations of this paragraph and demands strict proof

thereof.

14. Harkham denies the allegations of this paragraph and demands strict proof

thereof.

Count I

Violation of FLSA

15. Harkham denies the allegations of this paragraph and demands strict proof

thereof.

16. Harkham denies the allegations of this paragraph and demands strict proof

thereof.

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17. Harkham denies the allegations of this paragraph and demands strict proof

thereof.

Affirmative Defenses

1. One or more of the named Defendants were not employers of the Plaintiff.

2. There is no coverage under the FLSA as this company is not covered by

enterprise coverage and the employee is not covered by individual coverage.

3. During some of the relevant times, Plaintiff was not employed by any of the

Defendants.

4. Plaintiff’s claims are barred in whole or in part based upon accord and

satisfaction and/or payment.

5. Plaintiffs claims are barred in whole or in part based upon waiver, estoppel

and the doctrine of avoidable consequences in that Plaintiff misrepresented, fabricated,

falsified or concealed the true hours worked by her.

6. Plaintiff’s claims are barred in whole or in part, based upon Section 4 of the

Portal to Portal Act as to all hours in which she engaged which were preliminary or

postliminary to her principal duties.

7. Plaintiff’s claims are barred in whole or in part based upon the doctrine of the

laws pertaining to the fluctuating work week.

8. Plaintiff has not willfully failed to pay any wages or overtime to the Plaintiff

and there is a good faith dispute with respect to any amounts that might be owed to her.

9. Plaintiff’s claims are barred based upon waiver, estoppel, laches and/or

unclean hands.

10. Defendant at all times acted in good faith to comply with the FLSA and with

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reasonable grounds to believe that Defendant’s actions did not violate the FLSA, and

Defendant asserts that a lack of willfulness or intent to violate the FLSA as defense to any

claim by Plaintiff for liquidated damages. 

11. The Amended Complaint should be dismissed, in whole or in part, for failure

to state a claim upon which relief can be granted, because Plaintiff was paid for all work

performed and has already received all the compensation, including benefits, to which she

was due or owed. 

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing has been emailed this 26 day of August 2020: Elliot Kozolychyk, Esq., 320 SE 9

th Street, Fort

Lauderdale, FL 33316.

Behren Law Firm

1930 N. Commerce Parkway-Suite 4

Weston, FL 33326

(954) 636-3802 - phone

(772) 252-3365 - fax

scott@behrenlaw.com

By:/Scott M. Behren/

Scott M. Behren 

Fla Bar No. 987786

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