1 | Page

PERERA BARNHART ALEMÁN

12401 Orange Drive · Suite 123 · Davie, FL 33330

300 Sevilla Avenue · Suite 206 · Coral Gables, FL 33134

www.PBA-Law.com · Phone (786) 485.5232

IN THE UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

CASE NO. 9:20-cv-81308

ADAM SELIGSON, 

Plaintiff, 

vs. 

RAPID PLUMBING & MECHANICAL, INC., 

ROBERT PUGLIESE, JR., individually, and 

JEANNIE LEHMBECK, individually, 

Defendants. 

___________________________________/ 

COMPLAINT 

ADAM SELIGSON (“Plaintiff”), by and through the undersigned counsel, 

hereby sues RAPID PLUMBING & MECHANICAL, INC. (hereinafter “Rapid 

Plumbing”), ROBERT PUGLIESE, JR. (hereinafter “Pugliese”), individually, and 

JEANNIE LEHMBECK (hereinafter “Lehmbeck”), individually, (collectively 

“Defendants”) and alleges as follows: 

INTRODUCTION 

1. This is an action for unpaid overtime wages pursuant to the Fair

Labor Standards Act, 29 U.S.C. §§ 201 et seq. (“FLSA”). 

2. Plaintiff seeks damages within this Court’s jurisdiction, reasonable

attorneys’ fees, and costs pursuant to the FLSA, and all other remedies allowable 

by law.

Case 9:20-cv-81308-RAR Document 1 Entered on FLSD Docket 08/12/2020 Page 1 of 11
2 | Page

PERERA BARNHART ALEMÁN

12401 Orange Drive · Suite 123 · Davie, FL 33330

300 Sevilla Avenue · Suite 206 · Coral Gables, FL 33134

www.PBA-Law.com · Phone (786) 485.5232

PARTIES, JURISDICTION, AND VENUE

3. Plaintiff was formerly employed by Defendants and performed work 

for Defendants in Palm Beach County, Florida.

4. Rapid Plumbing is, and was, a Florida company conducting 

business in Palm Beach County, Florida during the relevant period, August 12, 

2017 through April 5, 2020.

5. Pugliese is, and was, a corporate officer for/operator of Rapid 

Plumbing during the relevant time period. Further, Pugliese controlled the 

business and Rapid Plumbing’s employees (including Plaintiff) in terms of hiring, 

firing, scheduling, duties, work hours, calculation of wages, paying of wages, and 

ensuring compliance with local, state, and federal laws, including, but not 

limited to, the FLSA. 

6. Lehmbeck is, and was, a corporate officer for/operator of Rapid 

Plumbing during the relevant time period. Further, Lehmbeck controlled the 

business and Rapid Plumbing’s employees (including Plaintiff) in terms of hiring, 

firing, scheduling, duties, work hours, calculation of wages, paying of wages, and 

ensuring compliance with local, state, and federal laws, including, but not 

limited to, the FLSA. 

7. Rapid Plumbing, Pugliese, and Lehmbeck are employers, joint 

employer, or co-employer for purposes of the FLSA as the term employer is 

defined by 29 U.S.C. § 203. 

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3 | Page

PERERA BARNHART ALEMÁN

12401 Orange Drive · Suite 123 · Davie, FL 33330

300 Sevilla Avenue · Suite 206 · Coral Gables, FL 33134

www.PBA-Law.com · Phone (786) 485.5232

8. Venue is proper in this Court because Defendants transact business 

in this District, Defendants maintain a principal place of business in this 

District, Defendants employed Plaintiff in this District, and the claims arose 

within the District. 

GENERAL ALLEGATIONS

A. Defendants’ Business and Interstate Commerce 

9. The primary purpose of Rapid Plumbing is to provide plumbing 

services (contracting, repair, and sales) for residential and commercial 

customers.

10. Under information and belief, Plaintiff alleges that Rapid Plumbing’s 

gross annual revenue exceeded $500,000.00 during 2017, 2018, and 2019 and 

is expected to exceed $500,000.00 during 2020. 

11. Rapid Plumbing customarily and regularly sold goods and services 

across state lines. 

12. At all relevant times, Rapid Plumbing employed two or more 

employees that customarily, continually, and regularly handled goods and 

materials that i) were purchased from a person or entity outside the state of 

Florida and/or ii) were purchased in Florida but had previously traveled through 

interstate commerce. 

13. Upon information and belief, Rapid Plumbing obtained and solicited 

funds from non-Florida sources, accepted funds from non-Florida sources, used 

telephonic (or other electronic) transmissions going over state lines to do its 

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4 | Page

PERERA BARNHART ALEMÁN

12401 Orange Drive · Suite 123 · Davie, FL 33330

300 Sevilla Avenue · Suite 206 · Coral Gables, FL 33134

www.PBA-Law.com · Phone (786) 485.5232

business, transmitted funds outside the State of Florida, used electronic means 

to market and run their business in a way that was not limited to Florida, and 

otherwise regularly engaged in interstate commerce during the relevant period.

14. Rapid Plumbing, upon information and belief, accepts checks, wire 

transfers, and other forms of payments that are made or processed outside the 

state of Florida, and did so during the relevant period. 

15. Rapid Plumbing is an employer engaged in interstate commerce and 

subject to the FLSA. 

B. Defendants’ Employment and Failure to Properly Pay Plaintiff

16. Plaintiff’s work began in and around February 2016. 

17. During his employment, Plaintiff worked in a non-exempt capacity 

as a plumber for Defendants’ customers. 

18. The relevant time period for this matter is from August 12, 2017 

through April 5, 2020.

19. Plaintiff, at all material times, was paid a salary. During the relevant 

time period for this matter, Plaintiff’s salary was $62,400.00.

20. Throughout the relevant time period, Plaintiff worked approximately 

sixty-five hours [twenty-five (25) hours of overtime] per week.

21. Throughout the relevant time period, Defendants failed to have 

proper timekeeping procedures in place to track Plaintiff’s exact work hours.

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PERERA BARNHART ALEMÁN

12401 Orange Drive · Suite 123 · Davie, FL 33330

300 Sevilla Avenue · Suite 206 · Coral Gables, FL 33134

www.PBA-Law.com · Phone (786) 485.5232

22. Defendants willfully and intentionally failed to properly record 

Plaintiff’s work hours and provide his with a proper overtime premium for each 

overtime hour worked. 

23. Defendants were Plaintiff’s employer, joint employer, or co-employer 

for purposes of the FLSA as the term employer is defined by 29 U.S.C. § 203. 

24. Defendants intentionally refused to pay Plaintiff overtime wages he 

was owed under the FLSA. 

C. Pugliese and Lehmbeck’s Employment of, and Failure to Properly Pay, 

Plaintiff

25. During the relevant period, Pugliese and Lehmbeck were Plaintiff’s 

managers/supervisors as well as the general co-operators of the business.

26. During Plaintiff’s employment, Pugliese and Lehmbeck acted as 

Plaintiff’s supervisors/managers, provided Plaintiff with his work duties, gave 

feedback on the work Plaintiff performed for Defendants, had the ability to 

discipline Plaintiff, and were responsible for recording, calculating, and paying 

Plaintiff’s work hours.

27. On or about April 5, 2020, Pugliese and Lehmbeck made the 

decision to terminate Plaintiff. 

28. Pugliese and Lehmbeck intentionally refused to pay Plaintiff 

overtime wages he was owed under the FLSA. 

29. Pugliese and Lehmbeck are partially or totally responsible for paying 

Plaintiff’s wages. 

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6 | Page

PERERA BARNHART ALEMÁN

12401 Orange Drive · Suite 123 · Davie, FL 33330

300 Sevilla Avenue · Suite 206 · Coral Gables, FL 33134

www.PBA-Law.com · Phone (786) 485.5232

30. Pugliese and Lehmbeck must be considered Plaintiff’s employers, 

joint employer, or co-employer for purposes of the FLSA as the term employer is 

defined by 29 U.S.C. § 203. 

COUNT I

OVERTIME VIOLATION BY RAPID PLUMBING

UNDER THE FAIR LABOR STANDARDS ACT

31. Plaintiff re-alleges and incorporates by reference the allegations in 

paragraphs 1 through 30 above as if fully set forth herein. 

32. As part of its business, Rapid Plumbing purchased goods and 

materials that traveled through interstate commerce. 

33. These goods and materials were customarily, continually, and 

regularly handled by two or more employees, including Plaintiff.

34. Upon information and belief, Rapid Plumbing obtained and solicited 

funds from non-Florida sources, accepted funds from non-Florida sources, used 

telephonic transmissions going over state lines to do its business, transmitted 

funds outside the State of Florida, used electronic means to market and run its 

business in a way that was not limited to Florida, and otherwise regularly 

engaged in interstate commerce during the relevant period.

35. Rapid Plumbing, upon information and belief, accepted credit card 

payments, wire transfers, and other forms of payments made or processed 

outside the state of Florida during the relevant.

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PERERA BARNHART ALEMÁN

12401 Orange Drive · Suite 123 · Davie, FL 33330

300 Sevilla Avenue · Suite 206 · Coral Gables, FL 33134

www.PBA-Law.com · Phone (786) 485.5232

36. During his employment with Rapid Plumbing, Plaintiff worked 

overtime hours for which he was not compensated at a rate of no less than half

his regularly rate of pay as required by the FLSA.

37. Rapid Plumbing did not compensate Plaintiff for his overtime despite 

knowledge of the overtime hours Plaintiff worked.

38. Plaintiff is owed unpaid overtime compensation pursuant to the 

FLSA. 

39. In addition, Rapid Plumbing is liable for double the overtime 

amounts owed as liquidated damages under the FLSA as a result of its 

intentional and willful violations for up to the three-year statute of limitations 

afforded by the FLSA. 

WHEREFORE, Plaintiff respectfully requests that the Court: 

a. Enter judgment for Plaintiff against Rapid Plumbing under the 

FLSA;

b. Award Plaintiff actual damages for the unpaid wages;

c. Award Plaintiff liquidated damages; 

d. Award Plaintiff his attorneys’ fees and costs;

e. Award Plaintiff all recoverable interest; and

f. Award any other relief this Honorable Court deems just and 

proper. 

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PERERA BARNHART ALEMÁN

12401 Orange Drive · Suite 123 · Davie, FL 33330

300 Sevilla Avenue · Suite 206 · Coral Gables, FL 33134

www.PBA-Law.com · Phone (786) 485.5232

COUNT II

OVERTIME VIOLATIONS AGAINST ROBERT PUGLIESE, JR. UNDER 

THE FAIR LABOR STANDARDS ACT

40. Plaintiff re-alleges and incorporates by reference the allegations in 

paragraphs 1 through 30 above as if fully set forth herein.

41. Pugliese operated the day-to-day activities of Defendants’ business, 

had supervisory authority over Plaintiff, had control/access to Plaintiff’s records 

for work hours, and was partially or totally responsible for paying Plaintiff’s 

wages. 

42. Pugliese scrutinized Plaintiff’s work and controlled how Plaintiff did 

his job.

43. During Plaintiff’s employment with Defendants, Plaintiff 

consistently worked for Defendants over 40 hours per week. 

44. During his employment with Defendants, Plaintiff worked overtime 

hours for which he was not compensated at a rate of time-and-a-half his

regularly rate of pay as required by the FLSA. 

45. Plaintiff is owed unpaid overtime compensation pursuant to the 

FLSA. 

46. Pugliese did not compensate Plaintiff for his overtime despite his

knowledge of the overtime hours Plaintiff worked.

47. Pugliese is also jointly and severally liable for double the overtime 

amounts owed as liquidated damages under the FLSA as a result of his

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9 | Page

PERERA BARNHART ALEMÁN

12401 Orange Drive · Suite 123 · Davie, FL 33330

300 Sevilla Avenue · Suite 206 · Coral Gables, FL 33134

www.PBA-Law.com · Phone (786) 485.5232

intentional and willful violation of the FLSA for up to the three-year statute of 

limitations afforded by the FLSA. 

WHEREFORE, Plaintiff respectfully requests that the Court: 

a. Enter judgment for Plaintiff against Pugliese under the FLSA;

b. Award Plaintiff actual damages for the unpaid wages;

c. Award Plaintiff liquidated damages; 

d. Award Plaintiff his attorneys’ fees and costs;

e. Award Plaintiff all recoverable interest; and

f. Award any other relief this Honorable Court deems just and proper. 

COUNT III

OVERTIME VIOLATIONS AGAINST JEANNIE LEHMBECK UNDER 

THE FAIR LABOR STANDARDS ACT

48. Plaintiff re-alleges and incorporates by reference the allegations in 

paragraphs 1 through 35 above as if fully set forth herein.

49. Lehmbeck operated the day-to-day activities of Defendants’ 

business, had supervisory authority over Plaintiff, had control/access to 

Plaintiff’s records for work hours, and was partially or totally responsible for 

paying Plaintiff’s wages. 

50. Lehmbeck scrutinized Plaintiff’s work and controlled how Plaintiff 

did his job.

51. During Plaintiff’s employment with Defendants, Plaintiff 

consistently worked for Defendants over 40 hours per week. 

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10 | Page

PERERA BARNHART ALEMÁN

12401 Orange Drive · Suite 123 · Davie, FL 33330

300 Sevilla Avenue · Suite 206 · Coral Gables, FL 33134

www.PBA-Law.com · Phone (786) 485.5232

52. During his employment with Defendants, Plaintiff worked overtime 

hours for which he was not compensated at a rate of time-and-a-half his

regularly rate of pay as required by the FLSA. 

53. Plaintiff is owed unpaid overtime compensation pursuant to the 

FLSA. 

54. Lehmbeck did not compensate Plaintiff for his overtime despite his

knowledge of the overtime hours Plaintiff worked.

55. Lehmbeck is also jointly and severally liable for double the overtime 

amounts owed as liquidated damages under the FLSA as a result of his

intentional and willful violation of the FLSA for up to the three-year statute of 

limitations afforded by the FLSA. 

WHEREFORE, Plaintiff respectfully requests that the Court: 

g. Enter judgment for Plaintiff against Lehmbeck under the FLSA;

h. Award Plaintiff actual damages for the unpaid wages;

i. Award Plaintiff liquidated damages; 

j. Award Plaintiff his attorneys’ fees and costs;

k. Award Plaintiff all recoverable interest; and

l. Award any other relief this Honorable Court deems just and proper. 

JURY TRIAL

Plaintiff hereby requests a trial by jury with respect to all claims so triable.

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PERERA BARNHART ALEMÁN

12401 Orange Drive · Suite 123 · Davie, FL 33330

300 Sevilla Avenue · Suite 206 · Coral Gables, FL 33134

www.PBA-Law.com · Phone (786) 485.5232

Dated: August 12, 2020

Respectfully submitted,

By: /s/ Brody M. Shulman

Brody M. Shulman, Esq.

Florida Bar No. 92044

brody@pba-law.com

PERERA BARNHART ALEMAN, P.A.

300 Sevilla Avenue, Suite 206

Coral Gables, Florida 33134

Telephone: 786-485-5232

Counsel for Plaintiff

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