UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

MIAMI DIVISION 

CASE NO. 1:20-cv-23340

MOISES MARIA GOMEZ, on behalf of himself

and all others similarly situated,

Plaintiff,

vs.

FM12 LIQUORS, INC. and FRANKLIN ANTONIO MARIA,

Defendants.

_______________________________________________/

COMPLAINT

[Jury Trial Demanded]

Plaintiff Moises Maria Gomez, on behalf of himself and all others similarly situated, files 

his Complaint against FM12 Twelve Liquors, Inc. (“FM12”) and Franklin Antonio Maria and 

alleges as follows:

SUMMARY

1. FM12 Liquors, Inc. and Franklin Antonio Maria (hereinafter Collectively

“Defendants”) required and/or permitted Moises Maria Gomez (hereinafter “Plaintiff”) to work 

in excess of forty hours per week but refused to compensate him properly for such hours. 

2. Defendants’ conduct is in violation of the Fair Labor Standards Act (FLSA),

which requires employers to compensate non-exempt employees for their overtime work. See, 

29 U.S.C. § 207(a).

3. Plaintiff is a FLSA non-exempt worker who has been denied overtime pay

required by law, for which he now seeks recovery.

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JURISDICTION AND VENUE

4. This Court has jurisdiction over the subject matter of this action under 29 

U.S.C. § 201, Et. Seq. and 28 U.S.C. § 1331.

5. Venue is proper in the Southern District of Florida because Defendants engage

in business here and reside here.

THE PARTIES

6. Upon information and belief, at all times material hereto Defendant Maria is

over eighteen years of age and is a resident of Florida.

7. At all times material hereto, FM12, a domestic for-profit corporation, was and

continues to be engaged in business in Florida with its principal address listed as 11401 NW 27th

Ave, Miami, FL 33167.

8. Plaintiff Moises Maria Gomez is a resident of Florida. Mr. Gomez’s written

Consent to Join this action is attached as Exhibit “A.”

COVERAGE

9. Defendant FM12 is an enterprise that engages in commerce or in the production 

of goods for commerce. 

10. Defendant Maria was a managing agent of FM12, said Defendant acted and acts

directly in the interests of the Defendant FM12. Defendant Maria effectively dominated FM12

administratively, or otherwise acts, or has the power to act, on behalf of the corporation vis-à-vis 

its employees and had the authority to direct and control the work of others. Therefore, 

Defendant Maria was an “employer” of the Plaintiff within the meaning of 29 U.S.C. §203(d).

11. At all times material hereto, Defendant Maria operated FM12.

12. At all times material hereto, Defendant Maria regularly held and/or exercised 

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the authority to hire and fire employees of FM12.

13. At all times material hereto, Defendant Maria regularly held and/or exercised 

the authority to determine the work schedules for the employees of FM12.

14. At all times material hereto, Defendant Maria regularly held and/or exercised 

the authority to control the finances and operations of FM12.

15. Each Defendant acted, either directly or indirectly, in the interest of an 

employer with respect to Plaintiff and Class Members.

16. Accordingly, each Defendant is both a covered “enterprise” and an “employer” 

under the FLSA.

17. Defendants have had, and continue to have, an annual gross income of sales 

made or business done of not less than $500,000.

18. In furtherance of Defendants’ business, Defendants’ employees including 

Plaintiff and Class Members handled, sold, or otherwise utilized goods, materials, and 

equipment that had been moved in or produced for such commerce, thus affording them the 

protections of the FLSA.

REPRESENTATIVE ACTION ALLEGATIONS

19. Plaintiff has actual knowledge that other Class Members have been 

denied overtime pay for hours worked over forty hours in a workweek.

20. This Complaint may be brought and maintained as an "opt-in" 

collective action, pursuant to 29 U.S.C. § 216(b), for all claims asserted by the 

Representative Plaintiff because his claims are similar to the claims of the Class Members 

of the representative action.

21. The names and addresses of the putative members of this representative action 

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are available from Defendants. To the extent required by law, notice will be provided to said 

individuals via First Class Mail and/or by the use of techniques and a form of notice similar to 

those customarily used in representative actions.

22. Although Defendants have suffered, permitted, and/ or required Plaintiff and 

Class Members to work in excess of forty hours per week, Defendants have denied them full 

compensation for their hours worked over forty.

23. Plaintiff and Class Members perform/performed the same or similar work.

24. Class Members are similar to Plaintiff in terms of pay structures and the 

denial of overtime pay and/or untimely payment of wages.

25. Defendants’ failure to pay all or part of overtime compensation at the rates 

required by the FLSA or failure to tender pay checks resulted from a single decision, policy or 

plan and does not depend on the personal circumstances of the Class Members.

26. Plaintiff’s experiences are typical of the experiences of the Class Members.

27. The specific job titles or precise job responsibilities of each Class Member do 

not prevent collective treatment.

28. All Class Members, irrespective of their particular job requirements, are 

entitled to overtime compensation for hours worked in excess of forty during a workweek.

29. Although the issue of damages may be individual in character, there remains a 

common nucleus of liability facts. 

30. The class of similarly situated plaintiffs is properly defined as follows:

a. All of Defendants’ employees who at any time during the three-year time period 

immediately preceding the filing of this suit have not been compensated at their 

correct overtime premium rate for all hours worked in excess of 40 hours per 

week. 

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FACTUAL ALLEGATIONS

31. Defendants operate as a liquor store in Miami, Florida.

32. Plaintiff is a former employee of Defendants who was employed by Defendants 

as a non-exempt employee from on or about May 3, 2016 through on or about May 19, 2020.

33. Plaintiff approximates that he worked on average of seventy (70) to seventy-five

(75) hours per week for Defendants.

34. Defendants compensated Plaintiff $16.25 per hour for the first forty (40) hours 

worked per week. However, any hours worked in excess of forty (40) were paid to Plaintiff in 

cash at $11.50 per hour. 

35. Class Members were compensated their straight time hourly rate for all hours 

worked. 

36. Defendants improperly classified Plaintiff and Class Members as exempt for 

FLSA purposes.

37. By way of example, for the pay period covering December 24, 2017 through 

January 6, 2018, Plaintiff worked a total of 209.63 hours. However, Defendants failed to 

compensate Plaintiff the full $3,438.90 he was entitled to under the FLSA.

CAUSES OF ACTION

COUNT I

VIOLATION OF FAIR LABOR STANDARDS ACT (“FLSA”)

38. Plaintiff incorporates all allegations contained in the preceding paragraphs.

39. At all relevant times Plaintiff has been entitled to the rights, protections, and 

benefits provided under the FLSA, 29 U.S.C. §§ 201, et seq.

40. Defendants’ failure to pay overtime compensation to Plaintiff and Class 

Members violates the FLSA.

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41. Plaintiff and Class Members are not exempt from the right to receive the 

appropriate overtime pay under the FLSA.

42. As a result of Defendants’ failure to compensate their employees, including 

Plaintiff and Class Members, Defendants have violated—and continue to violate—the FLSA, 29 

U.S.C. §201, Et Seq.

43. Accordingly, Plaintiff and Class Members entitled to unpaid overtime wages, 

liquidated damages, as well as reasonable attorneys’ fees and costs of this action as provided by 

29 U.S.C. § 216(b).

44. Defendants have acted neither in good faith nor with reasonable grounds to 

believe that their actions and omissions were not a violation of the FLSA, and as a result, 

Plaintiff and Class Members are entitled to recover an award of liquidated damages in an 

amount equal to the amount of unpaid overtime described pursuant to 29 U.S.C. § 216(b). 

45. Alternatively, should the Court find Defendants acted in good faith and that they

had reasonable grounds to believe that their actions and omissions were not a violation of the 

FLSA, Plaintiff and Class Members are entitled to an award of prejudgment interest at the 

applicable legal rate.

46. Plaintiff and Class Members are entitled to have the limitations period extended 

to three years because Defendants’ actions were willful. 29 U.S.C. § 216(b).

47. WHEREFORE, Plaintiff demands judgment against Defendants, jointly and 

severally, plus costs, reasonable attorney’s fees, and such other remedies as the court deems just 

and appropriate.

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PRAYER

WHEREFORE, Plaintiff respectfully requests judgment be entered in his favor against 

Defendants, jointly and severally, awarding him:

A. overtime compensation for all unpaid hours worked in excess of forty hours at the 

rate of one- and one-half times his regular rate;

B. an equal amount as liquidated damages as allowed under the FLSA;

C. damages accrued up to three years; 

D. reasonable attorneys’ fees, costs, and expenses of this action as provided by the 

FLSA;

E. injunctive relief;

F. pre-judgment and post judgment interest at the highest rates allowed by law; and

G. such other relief as to which Plaintiff and Class Members may be entitled.

Respectfully submitted,

GOLDBERG & LOREN, PA

By: /s/ James M. Loren, Esq.

James M. Loren

Attorney-in-charge

FL Bar No. 55409

1776 N. Pine Island Road, Suite 224

Plantation, FL 33322

Main Phone: 800-719-1617

Facsimile: (954) 585-4886

jloren@goldbergloren.com

Attorney for Plaintiff and Class Members

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