UNITED STATES COURT 

SOUTHERN DISTRICT OF FLORIDA 

MIAMI DIVISION

Case No.:

UBALDO ALMARAZ,

Plaintiff,

 

vs. 

PHIMICO COMPANY LLC D/B/A 

SHINJU JAPANESE RESTAURANT, a 

Florida Limited Liability Company, 

KIN SAN LAM, and YONGGUAN WU,

Defendant.

___________________________________/

COMPLAINT AND DEMAND FOR JURY TRIAL

Plaintiff, UBALDO ALMARAZ (“Mr. Almaraz” or “Plaintiff”), by and through the 

undersigned attorneys, sue Defendants, PHIMICO COMPANY LLC D/B/A SHINJU JAPANESE 

RESTAURANT (“SHINJU”), KIN SAN LAM (“Mr. Lam”), and YONGGUAN WU (“Mr. Wu”)

(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, Mr. Almaraz, resides within the geographical jurisdiction of the Southern 

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

3. Defendant, SHINJU, is a limited liability company, with its principal place of 

address at 8800 SW 72nd Street, Miami, FL 33173, and within the jurisdiction of this Court.

4. At all times material hereto, SHINJU operates a Japanese sushi restaurant. 

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5. Defendant, Mr. Lam, resides within the geographical jurisdiction of the Southern 

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

6. Defendant, Mr. Wu, resides within the geographical jurisdiction of the Southern 

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

7. At all times material hereto, Mr. Lam and Mr. Wu were member-managers of 

SHINJU and were jointly responsible for its daily operations, including its payroll practices and 

decisions. 

8. Mr. Lam and Mr. Wu approved and ratified all unlawful payroll policies, practices, 

and procedures transgressing the requirements of the FLSA mentioned herein. 

9. At all times material hereto, Plaintiff was employed by SHINJU, Mr. Lam, and Mr. 

Wu. 

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

11. Upon information and belief, SHINJU’s gross annual revenues were in excess of 

$500,000.00 per year in the years 2016, 2017, and 2018, 2019, and will exceed the same in 2020.

12. At all relevant times, SHINJU has been and continuesto 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, SHINJU (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 - 2020. SHINJU has employed and/or 

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

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

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13. Therefore, based on the aforementioned, SHINJU 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). 

14. At all times material hereto, Plaintiff, in performing his 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). 

15. Mr. Almaraz was employed by SHINJU as an assistant sushi chef between the dates 

of October 14, 2013 until March 15, 2020. As such, for purposes of this lawsuit, Mr. Almaraz is 

entitled to a look-back time period of August 13, 2017 - August 13, 2020. 

16. 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 SHINJU in excess of forty (40) hours 

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

premiums. 

17. Rather than properly pay Plaintiff overtimes wages, as is mandated by law, SHINJU

paid Plaintiff a flat rate regardless of hours worked. 

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 cooking and preparing food for customers, as well as other non-supervisory 

roles.

20. Plaintiff’s primary duties did not require the exercise of discretion and judgment.

21. 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. 

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

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

23. 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). 

24. Since 2013, 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 SHINJU 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 UBALDO ALMARAZ AGAINST ALL DEFENDANTS

25. UBALDO ALMARAZ re-alleges and reaffirms paragraphs 1 through 24 as if fully 

set forth herein.

26. This is an action for Unpaid Overtime on behalf of Mr. Almaraz against all 

Defendants.

27. During Mr. Almaraz’s employment with SHINJU, he worked hours in excess of 

forty (40) for which he was not properly compensated. Instead, Mr. Almaraz was paid a weekly 

flat rate. 

28. Mr. Almaraz 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. 

29. Mr. Almaraz was never paid overtime for the hours he worked for SHINJU, from 

2013 through the last date of his employment with SHINJU.

30. Mr. Almaraz 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. 

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

FLSA as evidenced by SHINJU’s failure to pay Mr. Almaraz time and one-half wages for the 

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

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

32. Defendants failed to properly disclose or apprise Mr. Almaraz of his rights under 

the FLSA.

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

regarding the hours worked by Mr. Almaraz. 

34. Mr. Almaraz is entitled to liquidated damages pursuant to the FLSA. 

35. Due to the intentional, willful, and unlawful acts of Defendants, Mr. Almaraz has 

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

equal amount as liquidated damages, together with interest. 

36. Mr. Almaraz is entitled to an award of his reasonable attorneys’ fees and costs 

pursuant to 29 U.S.C. § 216(b). 

37. Mr. Almaraz demands a trial by jury on all issues so triable.

WHEREFORE, Plaintiff, UBALDO ALMARAZ, respectfully requests that a judgment 

be entered against Defendants, PHIMICO COMPANY LLC D/B/A SHINJU JAPANESE 

RESTAURANT, KIN SAN LAM, and YONGGUAN WU:

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

207;

b. Awarding Mr. Almaraz overtime compensation in the amount to be calculated;

c. Awarding Mr. Almaraz liquidated damages in the amount to be calculated;

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d. Awarding Mr. Almaraz reasonable attorneys’ fees and costs and expenses of this 

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

e. Awarding Mr. Almaraz 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 13th 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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