UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

FT. LAUDERDALE DIVISION 

CASE NO.: 20-cv-61690-SINGHAL 

DEBRON WALLEN, 

SANJAY SHAKES, Individually and 

On Behalf of All Others Similarly Situated, 

Plaintiffs, 

vs. 

SVENSK MANAGEMENT, INC. & 

RICHARD FERNBACH 

Defendants. 

_______________________________________/ 

DEFENDANTS’ RESPONSE TO PLAINTIFFS’ STATEMENT OF CLAIM 

 Pursuant to this Court’s August 21, 2020 Order Requiring Scheduling Report [ECF No. 

5], Defendant Svensk Management, Inc. (“Defendant Svensk”) and Defendant Richard Fernbach 

(“Defendant Fernbach”) (referred to collectively where appropriate as “Defendants”) file this 

Response to Plaintiffs’ Statement of Claim and state as follows: 

Plaintiff Sanjay Shakes 

In Plaintiffs’ Statement of Claim, Plaintiff Sanjay Shakes (“Plaintiff Shakes”) alleges that 

he worked, and was not paid for, 6 overtime hours per week during the period of March 20, 2018 

to December 1, 2018, and 27.5 overtime hours per week during the period of December 1, 2018 

to July 30, 2019. See ECF No. 7. Plaintiff Shakes alleges that his hourly rate of pay was $17.50 

per hour and that his overtime rate was $26.25 per hour. Id. Based on these figures, Plaintiff 

Shakes claims that he is owed a total of $5,748.75 in unpaid overtime wages for the period of 

March 20, 2018 to December 1, 2018, and a total of $24,545.75 in unpaid overtime wages for the 

Case 0:20-cv-61690-AHS Document 14 Entered on FLSD Docket 10/19/2020 Page 1 of 8
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period of December 1, 2018 to July 30, 2019, plus an equal amount of liquidated damages, and 

attorneys’ fees and costs. Id. 

Plaintiff Shakes was employed by Defendants as a Pool Technician from March 19, 2018 

until November 31, 2019, when he resigned from his employment. He was paid a guaranteed 

minimum amount of compensation, and the full amount was paid, even if he worked less than 40 

hours in a workweek. Specifically, he was paid a guaranteed minimum amount of $600 for the 

first three weeks of his employment, and $700 for all remaining weeks of his employment. 

Defendants deny that Plaintiff Shakes is owed unpaid overtime during the weeks he has placed at 

issue (or during any other period of his employment). Plaintiff Shakes’ claim that he was not 

paid any overtime compensation is simply not true. To the contrary, he was paid overtime 

compensation, at one-and-one-half times his regular rate of pay, when he worked more than 40 

hours in a workweek. In fact, payroll records establish that he was paid overtime compensation 

during most weeks of his employment. Payroll records reflect the following compensation 

provided to Plaintiff Shakes during each week of his employment: 

 

Workweek 

Ending 

Total Guaranteed 

Compensation Paid

Total Overtime 

Compensation Paid

Overtime 

Hours Paid

3/25 (2018) $600 $0 -- 

4/1 $600 $0 -- 

4/8 $600 $0 -- 

4/15 $700 $0 -- 

4/22 $700 $0 -- 

4/29 $700 $0 -- 

5/6 $700 $0 -- 

5/13 $700 $0 -- 

5/20 $700 $131.251 5 

5/27 $700 $0 -- 

6/3 $700 $262.50 10 

6/10 $700 $0 

 

1

 Overtime compensation was paid at a rate of $26.25 per hour (based on a regular rate of $17.50, which 

was calculated from the $700 minimum guaranteed compensation divided by 40 hours). 

Case 0:20-cv-61690-AHS Document 14 Entered on FLSD Docket 10/19/2020 Page 2 of 8
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6/17 $700 $262.50 10 

6/24 $700 $0 -- 

7/1 $700 $131.25 5 

7/8 $700 $262.50 10 

7/15 $700 $210 8 

7/22 $700 $262.50 10 

7/29 $700 $210 8 

8/5 $700 $262.50 10 

8/12 $700 $210 8 

8/19 $700 $262.50 10 

8/26 $700 $21 8 

9/2 $700 $262.50 10 

9/9 $700 $0 -- 

9/16 $700 $210 8 

9/23 $700 $210 8 

9/30 $700 $157.50 6 

10/7 $700 $210 8 

10/14 $700 $0 -- 

10/21 $700 $210 8 

10/28 $700 $210 8 

11/4 $700 $0 -- 

11/11 $700 $157.50 6 

11/18 $700 $210 8 

11/25 $700 $262.50 10 

12/2 $700 $210 8 

12/9 $700 $0 -- 

12/16 $700 $0 -- 

12/23 $700 $262.50 10 

12/30 $700 $157.50 6 

1/6 (2019) $700 $0 -- 

1/13 $700 $157.50 6 

1/20 $700 $262.50 10 

1/27 $700 $157.50 6 

2/3 $700 $210 8 

2/10 $700 $131.25 5 

2/17 $700 $210 8 

2/24 $700 $157.50 6 

3/3 $700 $210 8 

3/10 $700 $210 8 

3/17 $700 $210 8 

Case 0:20-cv-61690-AHS Document 14 Entered on FLSD Docket 10/19/2020 Page 3 of 8
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3/24 $700 $210 8 

3/31 $700 $210 8 

4/7 $700 $210 8 

4/14 $700 $210 8 

4/21 $700 $210 8 

4/28 $700 $210 8 

5/5 $700 $210 8 

5/12 $700 $210 8 

5/19 $700 $131.25 5 

5/26 $700 $157.50 6 

6/2 $700 $131.25 5 

6/9 $700 $210 8 

6/16 $700 $210 8 

6/23 $700 $131.25 5 

6/30 $700 $131.25 5 

7/7 $700 $157.50 6 

7/14 $700 $157.50 6 

7/21 $700 $157.50 6 

7/28 $700 $131.25 5 

8/4 $700 $131.25 5 

8/11 $700 $131.25 5 

8/18 $700 $131.25 5 

8/25 $700 $131.25 5 

9/1 $700 $126.25 5 

9/8 $700 $131.25 5 

9/15 $700 $131.25 5 

9/22 $700 $131.25 5 

9/29 $700 $131.25 5 

10/6 $700 $131.25 5 

10/13 $700 $131.25 5 

10/20 $700 $0 -- 

10/27 $700 $0 -- 

11/3 $700 $0 -- 

11/10 $700 $0 -- 

11/17 $700 $0 -- 

11/24 $700 $0 -- 

12/1 $700 $0 -- 

Case 0:20-cv-61690-AHS Document 14 Entered on FLSD Docket 10/19/2020 Page 4 of 8
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Plaintiff Debron Wallen 

In Plaintiffs’ Statement of Claim, Plaintiff Debra Wallen (“Plaintiff Wallen”) alleges that 

he worked, and was not paid for, 37.5 overtime hours per week during the period of October 1, 

2018 to October 20, 2019 (54 weeks). See ECF No. 7. Plaintiff Wallen alleges that his hourly 

rate was $17.50 per hour and that his overtime rate was $26.25 per hour. Id. Based on these 

figures, Plaintiff Wallen claims that he is owed a total of $53,156.25 in unpaid overtime wages, 

plus an equal amount of liquidated damages, and attorneys’ fees and costs. Id. 

Plaintiff Wallen was employed by Defendants as a Pool Technician from September 20, 

2018 until November 15, 2019, when he resigned from his employment. He was paid a 

guaranteed minimum amount of compensation, and the full amount was paid, even when he 

worked less than 40 hours in a workweek. Specifically, he was paid a guaranteed minimum 

amount of $550 for the first three weeks of his employment,2

 $650 for the next three weeks of 

his employment, and $700 for all remaining weeks of his employment. Defendants deny that 

Plaintiff Wallen is owed unpaid overtime during the weeks he has placed at issue (or during any 

other period of his employment). Plaintiff Wallen’s claim that he was not paid any overtime 

compensation weeks he has placed at issue is simply not true. To the contrary, he was paid 

overtime compensation, at one-and-one-half his regular rate of pay, when he more than 40 hours 

in a workweek. In fact, payroll records establish that he was paid overtime compensation during 

most weeks of his employment. Payroll records reflect the following compensation provided to 

Plaintiff Wallen during each week of his employment issue: 

 

2

 This first paycheck provided to Plaintiff Wallen included an additional $220 for two days worked during 

the workweek that ended on September 23, 2018 ($13.75 per hour for 8 hours each day). 

Case 0:20-cv-61690-AHS Document 14 Entered on FLSD Docket 10/19/2020 Page 5 of 8
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Workweek 

Ending 

Total Guaranteed 

Compensation Paid 

Total Overtime 

Compensation Paid 

Overtime 

Hours Paid 

9/30 (2018) $550 $0 -- 

10/7 $550 $0 -- 

10/14 $550 $0 -- 

10/21 $650 $0 -- 

10/28 $650 $0 -- 

11/4 $650 $0 -- 

11/11 $700 $0 -- 

11/13 $700 $210 8 

11/25 $700 $0 -- 

12/2 $700 $0 -- 

12/9 $700 $0 -- 

12/16 $700 $262.50 10 

12/23 $700 $0 -- 

12/30 $700 $0 -- 

1/6 (2019) $700 $0 -- 

1/13 $700 $157.50 6 

1/20 $700 $210 8 

1/27 $700 $157.50 6 

2/3 $700 $157.50 6 

2/10 $700 $0 -- 

2/17 $700 $0 -- 

2/24 $700 $131.25 5 

3/3 $700 $262.50 10 

3/10 $700 $131.25 5 

3/17 $700 $210 8 

3/24 $700 $131.25 5 

3/31 $700 $131.25 5 

4/7 $700 $131.25 5 

4/14 $700 $157.50 6 

4/21 $700 $131.25 5 

4/28 $700 $131.25 5 

5/5 $700 $131.25 5 

5/12 $700 $131.25 5 

5/19 $700 $131.25 5 

5/26 $700 $131.25 5 

6/2 $700 $131.25 5 

6/9 $700 $210 8 

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6/16 $700 $131.25 5 

6/24 $700 $131.25 5 

6/30 $700 $131.25 5 

7/7 $700 $157.50 6 

7/14 $700 $157.50 6 

7/21 $700 $157.50 6 

7/28 $700 $131.25 5 

8/4 $700 $131.25 5 

8/11 $700 $131.25 5 

8/18 $700 $131.25 5 

8/25 $700 $131.25 5 

9/1 $700 $126.25 5 

9/8 $700 $131.25 5 

9/15 $700 $131.25 5 

9/22 $700 $131.25 5 

9/29 $700 $131.25 5 

10/6 $700 $131.25 5 

10/13 $700 $131.25 5 

10/20 $700 $0 -- 

10/27 $700 $0 -- 

11/3 $700 $0 -- 

11/10 $700 $0 -- 

11/17 $700. $0 -- 

WHEREFORE, Plaintiffs are not entitled to the relief that they seeks in this action, 

including their claim for unpaid overtime damages, liquidated damages and attorney’s fees and 

costs. Defendants respectfully deny Plaintiffs’ Statement of Claim and demand strict proof 

thereof. 

Case 0:20-cv-61690-AHS Document 14 Entered on FLSD Docket 10/19/2020 Page 7 of 8
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DATED this 19th day of October 2020 

 Respectfully submitted,

LITTLER MENDELSON, P.C. 

Wells Fargo Center 

333 S.E. 2nd Avenue, Suite 2700 

Miami, Florida 33131-1804 

Tel: (305) 400-7500 

Fax: (305) 603-2552 

 By: /s/ Stella S. Chu 

Aaron Reed 

Florida Bar No. 0557153 

E-mail: areed@littler.com

Stella S. Chu 

Florida Bar No. 060519 

E-mail: sschu@littler.com

Counsel for Defendants 

CERTIFICATE OF SERVICE 

I HEREBY CERTIFY that on this 19th day of October 2020, a copy of the foregoing 

was electronically filed and served via transmission of Notice of Electronic Filing generated by 

CM/ECF on all counsel or parties of record on the Service List. 

 /s/ Stella S. Chu

 Stella S. Chu 

4851-5830-3951.1 109338.1001 

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