UNITED STATES COURT 

SOUTHERN DISTRICT OF FLORIDA 

FORT LAUDERDALE DIVISION

Case No.:

LUZ MARTINEZ,

Plaintiff,

 

vs. 

TOTAL SOLUTION PROFESSIONAL 

SERVICES INC., a Florida 

Profit Corporation, and 

AVIHU ZABATANI,

Defendant.

___________________________________/

COMPLAINT AND DEMAND FOR JURY TRIAL

Plaintiff, LUZ MARTINEZ (“Ms. Martinez” or “Plaintiff”), by and through the 

undersigned attorneys, sue Defendants, TOTAL SOLUTION PROFESSIONAL SERVICES INC.

(“TSPS”), and AVIHU ZABATANI (“Ms. Zabatani”) (collectively, “Defendants”), and allege the 

following: 

GENERAL ALLEGATIONS

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

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

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

2. Plaintiff, Ms. Martinez, resides within the geographical jurisdiction of the Southern 

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

3. Defendant, TSPS, is a Florida Profit Corporation, with its principal place of address

at 11352 W. State Rd. 84, Suite #72, Davie, FL 33325, and within the jurisdiction of this Court.

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4. At all times material hereto, TSPS operated to provide cleaning services to several 

buildings in South Florida. 

5. Defendant, Ms. Zabatani, resides within the geographical jurisdiction of the 

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

6. At all times material hereto, Ms. Zabatani was the President of TSPS and was 

responsible for its daily operations, including all payroll practices and decisions. 

7. Ms. Zabatani approved and ratified all unlawful payroll policies, practices, and 

procedures transgressing the requirements of the FLSA mentioned herein. 

8. At all times material hereto, Plaintiff was employed by TSPS and Ms. Zabatani. 

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

10. Upon information and belief, TSPS’s gross annual revenues were in excess of 

$500,000.00 per year in the years 2018, 2019, and will exceed the same in 2020.

11. At all relevant times, TSPS has been and continues to be an “employer” engaged 

in the interstate “commerce” and/or in the production of “goods” for “commerce” within the 

meaning of the FLSA, 29 U.S.C. § 203. Upon information and belief, TSPS (1) had employees 

engaged in interstate commerce or in the production of goods for interstate commerce, and (2) had 

employees who handled, sold, or otherwise worked on goods or materials that have been moved 

in, or produced for, interstate commerce in the years 2016 - 2019. TSPS has employed and/or 

continues to employ “employee[s],” including Plaintiff, who themselves handled equipment and 

supplies that had travelled in interstate “commerce” for the purpose of conducting business.

12. Therefore, based on the aforementioned, TSPS 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). 

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13. At all times material hereto, Plaintiff, in performing her job duties, was engaged in 

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

14. Ms. Martinez was employed by TSPS in the area of general labor and cleaning 

personnel from November 2018 through August 2019. 

15. At all times pertinent to the Complaint, Defendants failed to comply with §§ 29 

U.S.C. 201- 219 as Plaintiff performed hours of service for TSPS in excess of forty (40) hours 

during one or more workweeks, for which TSPS failed to properly pay additional overtime 

premiums. 

16. Rather than properly pay Plaintiff overtimes wages, as is mandated by law, TSPS

failed to pay Plaintiff for the overtime hours that she worked. 

17. Moreover, during some days and weeks, Defendants paid Plaintiff nothing at all. 

18. Plaintiff was not exempt from the right to receive the appropriate overtime pay 

under the FLSA. 

19. Rather, Plaintiff solely performed non-exempt work, that is, Plaintiff’s primary 

duties consisted of cleaning and other non-supervisory roles.

20. Plaintiff was not free from supervision in connection with matters of significance 

such as project management, scheduling, or operations. Moreover, Plaintiff did not customarily 

and regularly supervise two (2) or more full-time employees or their equivalent. 

21. Upon information and belief, Defendants further failed to maintain proper time 

records as mandated by the FLSA regarding the hours worked by Plaintiff. 

22. The pay practice on the part of Defendants violated the FLSA as Defendants failed

to properly pay overtime to Plaintiff for those hours worked in excess of forty (40). 

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23. Since 2018, Defendants (1) employed Plaintiff; and (2) suffered or permitted to be 

suffered, with knowledge, hours of service by Plaintiff in excess of forty (40) during one or more

workweeks, for which TSPS failed to properly pay additional overtime premiums. 

COUNT I 

RECOVERY OF UNPAID OVERTIME- VIOLATION OF THE FLSA, 29 U.S.C. § 207 

ON BEHALF OF LUZ MARTINEZ AGAINST ALL DEFENDANTS

24. LUZ MARTINEZ re-alleges and reaffirms paragraphs 1 through 23 as if fully set 

forth herein.

25. This is an action for Unpaid Overtime on behalf of Ms. Martinez against all 

Defendants.

26. During Ms. Martinez’s employment with TSPS, she worked hours in excess of forty 

(40) for which she was not properly compensated. 

27. Ms. Martinez was entitled to be paid at the rate of time and one-half for hours 

worked in excess of forty (40) hours per week pursuant to the FLSA. 

28. Ms. Martinez was never paid overtime for the hours she worked for TSPS, from 

November 2018 through the last date of her employment with TSPS.

29. Ms. Martinez was entitled to be paid the regular rate and overtime rate for the 

relevant time periods as referenced above. Defendants have failed and refused to do so. 

30. Defendants knew of and/or showed a willful disregard for the provisions of the 

FLSA as evidenced by TSPS’s failure to pay Ms. Martinez time and one-half wages for the hours 

she worked in excess of forty (40) hours per week when Defendants knew or should have known 

such was due. Rather, TSPS attempted to intentionally skirt federal law.

31. Defendants failed to properly disclose or apprise Ms. Martinez of her rights under 

the FLSA.

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32. Defendants failed to maintain proper time records as mandated by the FLSA 

regarding the hours worked by Ms. Martinez. 

33. Ms. Martinez is entitled to liquidated damages pursuant to the FLSA. 

34. Due to the intentional, willful, and unlawful acts of TSPS, Ms. Martinez has 

suffered damages in the amount not presently ascertainable of unpaid overtime wages, plus an 

equal amount as liquidated damages, together with interest. 

35. Ms. Martinez is entitled to an award of her reasonable attorneys’ fees and costs 

pursuant to 29 U.S.C. § 216(b). 

36. Ms. Martinez demands a trial by jury on all issues so triable. 

WHEREFORE, Plaintiff, LUZ MARTINEZ, respectfully requests that a judgment be 

entered against Defendants, TOTAL SOLUTION PROFESSIONAL SERVICES INC., and 

AVIHU ZABATANI:

a. Declaring that Defendants have violated the overtime provisions of 29 U.S.C. §

207;

b. Awarding Ms. Martinez overtime compensation in the amount to be calculated;

c. Awarding Ms. Martinez liquidated damages in the amount to be calculated;

d. Awarding Ms. Martinez reasonable attorneys’ fees and costs and expenses of this 

litigation pursuant to 29 U.S.C. § 216(b);

e. Awarding Ms. Martinez pre- and post-judgment interest; and

f. Ordering any other and further relief this Honorable Court deems to be just and 

proper, including but not limited to relief in favor of all others similarly situated 

who join this action after notice.

COUNT II

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UNPAID MINIMUM WAGE- VIOLATION OF THE FLSA, 29 U.S.C. § 206 ON BEHALF 

OF LUZ MARTINEZ AGAINST ALL DEFENDANTS

37. LUZ MARTINEZ re-alleges and reaffirms paragraphs 1 through 23 as if fully set 

forth herein.

38. This is an action for Unpaid Minimum Wage on behalf of Ms. Martinez against 

Defendants. 

39. Ms. Martinez’s employment with Defendants was to consist of a regular workweek 

for which Defendants should have paid him at or above the FLSA minimum age as required by 29 

U.S.C. § 206. 

40. 29 U.S.C. § 206 requires that any non-exempt employee covered by the FLSA be 

paid their minimum wage. 

41. Ms. Martinez was never paid minimum wage for the hours she worked for the 

Defendants on specific dates. 

42. Ms. Martinez was never paid the statutory minimum wage for any of the hours she

worked for the Defendants on these specific dates. 

43. Ms. Martinez was entitled to receive a regular hourly rate for the relevant time 

periods on these dates. 

44. Defendants’ violation of the FLSA concerning payment of minimum wages was 

knowing and willful. 

45. Defendants knew and/or showed a reckless disregard for the provision of the FLSA 

concerning the payment of wages to Ms. Martinez. 

46. As a direct and proximate result of Defendants’ willful disregard of the FLSA, Ms.

Martinez is entitled to liquidated damages pursuant to the FLSA. 

47. Ms. Martinez demands a atrial by jury on all issues so triable. 

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WHEREFORE, Plaintiff, LUZ MARTINEZ, respectfully requests that a judgment be 

entered against Defendants, TOTAL SOLUTION PROFESSIONAL SERVICES INC., and 

AVIHU ZABATANI:

a. Declaring that Defendants have violated the minimum wage provisions of 29 

U.S.C. § 206;

b. Awarding Ms. Martinez minimum wage compensation in the amount to be 

calculated;

c. Awarding Ms. Martinez liquidated damages in the amount to be calculated;

d. Awarding Ms. Martinez reasonable attorneys’ fees and costs and expenses of this 

litigation pursuant to 29 U.S.C. § 216(b);

e. Awarding Ms. Martinez pre- and post-judgment interest; and

f. Ordering any other and further relief this Honorable Court deems to be just and 

proper, including but not limited to relief in favor of all others similarly situated 

who join this action after notice.

Respectfully Submitted on this 5th day of August 2020.

Pike & Lustig, LLP

/s/ Daniel Lustig 

Daniel Lustig 

Florida Bar No.: 059225 

Robert C. Johnson

Florida Bar No.: 116419

1209 N. Olive Ave. 

West Palm Beach, FL 33401 

Telephone: (561) 855-7585 

Facsimile: (561) 855-7710 

Email: pleadings@pikelustig.com

Counsel for Plaintiff

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