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 UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA

KEY WEST DIVISION

CASE NO.: 

MILVIA I. VIVERO

and other similarly-situated individuals,

Plaintiff(s),

v.

PINECREST BAKERY LLC,

EFRAIN VALDES JR. and

JOEL RODRIGUEZ, individually,

Defendants,

________________________________/ 

COMPLAINT

(OPT-IN PURSUANT TO 29 U.S.C § 216(b))

COMES NOW the Plaintiff MILVIA I. VIVERO, and other similarly situated individuals, 

by and through the undersigned counsel, and hereby sues Defendants PINECREST BAKERY,

LLC, EFRAIN VALDES JR., and JOEL RODRIGUEZ, individually, and alleges:

JURISDICTION VENUES AND PARTIES

1. This is an action to recover money damages for unpaid regular and overtime wages under 

the laws of the United States. This Court has jurisdiction pursuant to the Fair Labor 

Standards Act, 29 U.S.C. § 201-219 (Section 216 for jurisdictional placement) (“the Act”).

2. Plaintiff MILVIA I. VIVERO is a Florida resident, within the jurisdiction of this Court.

Plaintiff is a covered employee for purposes of the Act.

3. Defendant PINECREST BAKERY, LLC (hereinafter PINECREST BAKERY, or 

Defendant) is a Florida corporation, having a place of business in Monroe County, Florida. 

The Defendant was and is engaged in interstate commerce. 

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4. The individual Defendants EFRAIN VALDES JR. and JOEL RODRIGUEZ were and are 

now owners/partners, and managers of PINECREST BAKERY. Defendants EFRAIN 

VALDES JR. and JOEL RODRIGUEZ were the employers of Plaintiff and others similarly 

situated within the meaning of Section 3(d) of the “Fair Labor Standards Act” [29 U.S.C. 

§ 203(d)] and are jointly liable for the Plaintiff’s damages.

5. All the actions raised in this complaint took place in Monroe County, Florida, within the 

jurisdiction of this Court.

GENERAL ALLEGATIONS

6. This cause of action is brought by Plaintiff MILVIA I. VIVERO as a collective action to 

recover from the Defendants regular and overtime compensation liquidated damages, and 

the costs and reasonable attorney’s fees under the provisions of Fair Labor Standards Act, 

as amended, 29 U.S.C. § 201 et seq (the “FLA or the “ACT”) on behalf of Plaintiff and all 

other current and former employees similarly situated to Plaintiff (“the asserted class”) and 

who worked more than forty (40) hours during one or more weeks on or after May 2019, 

(the “material time”) without being properly compensated. 

7. Defendant PINECREST BAKERY is a 24-hour Cuban bakery, cafeteria, and restaurant 

located at 99100 Overseas Hwy, Key Largo, Florida 33037, where Plaintiff worked

8. Defendants PINECREST BAKERY, EFRAIN VALDES JR., and JOEL RODRIGUEZ 

employed Plaintiff MILVIA I. VIVERO as a non-exempted, hourly, full-time bakery 

employee from approximately May 28, 2019, to July 18, 2020, or 59 weeks. However, for 

FLSA purposes Plaintiff’s relevant employment period is 43 weeks. After approximately 

March 22, 2020, Plaintiff began to receive overtime pay.

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9. Plaintiff had multiple duties as a production employee, cashier, bakery attendant, prep

cook, and general bakery work.

10. Plaintiff was paid $10.00 an hour, and her overtime rate should be $15.00 an hour.

11. During her time of employment with Defendants, Plaintiff, and other similarly situated 

individuals maintained a regular schedule. Plaintiff worked 6 days per week, the night 

shift. Usually, the Plaintiff had Wednesday off, but from Monday to Saturday she worked 

from 9:00 PM to 6:00 AM (9 hours each day); On Sundays, Plaintiff worked from 6:00 PM

to 7:00 AM (10 hours). The Plaintiff completed a minimum of 55 working hours every 

week. Plaintiff was unable to take bonafide lunch periods.

12. Plaintiff worked a minimum of 55 hours every week. Plaintiff was paid for all his hours, 

but at her regular rate. Plaintiff worked many hours over 40, but she was not paid for 

overtime hours, as required by law. 

13. Plaintiff clocked in and out and the Defendants were able to track the number of hours 

worked by Plaintiff and other similarly situated individuals.

14. Therefore, Defendants willfully failed to pay Plaintiff for overtime hours at the rate of time 

and one-half her regular rate for every hour that she worked over forty (40), in violation of 

Section 7 (a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 207(a)(1).

15. From the beginning of her employment to April 22, 2020, or 43 weeks the Plaintiff was 

not paid overtime hours, she was paid in cash, without any record or paystub providing 

basic information about the number of days and hours worked. Sometimes the Plaintiff 

was not in agreement with the amount received, but she had no access to verify the number 

of hours worked in a week and the payment received.

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16. After April 23, 2020, The Plaintiff was paid for overtime hours and was paid with checks 

and paystubs. 

17. On or about July 18, 2020, Defendants fired Plaintiff due to discriminatory reasons. The 

Plaintiff is in the process of filing her Charge of Discrimination with the Equal 

Employment Opportunity Commission (EEOC).

18. At the time of her termination, Defendants did not pay Plaintiff for 2 weeks of work, 

because she refused to sign a document stating that she was leaving her work voluntarily. 

19. Plaintiff does not have time and payment records, but she will provide a good faith 

estimated based on the real number of hours worked as per her best recollections. Plaintiff 

will base her calculations on 55 working hours paid weekly. After discovery, the Plaintiff 

will adjust her calculations.

20. Plaintiff MILVIA I. VIVERO seeks to recover any regular wages and overtime wages at 

the rate of time and a half her regular rate, for every hour in excess of 40 that she worked, 

liquidated damages, and any other relief as allowable by law. 

21. The additional persons who may become Plaintiffs in this action are employees and/or 

former employees of Defendants who are and who were subject to the unlawful payroll 

practices and procedures of Defendants and were not paid regular hours or overtime wages

at the rate of time and one half of their regular rate of pay for all overtime hours worked in 

excess of forty. 

COUNT I:

WAGE AND HOUR FEDERAL STATUTORY VIOLATION;

FAILURE TO PAY OVERTIME, AGAINST ALL DEFENDANTS

22. Plaintiff MILVIA I. VIVERO re-adopts every factual allegation as stated in paragraphs 1-

21 above as if set out in full herein. 

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23. This cause of action is brought by Plaintiff MILVIA I. VIVERO as a collective action to 

recover from the Defendants overtime compensation, liquidated damages, costs, and 

reasonable attorney’s fees under the provisions of the Fair Labor Standards Act, as 

amended, 29 U.S.C. § 201 et seq (the “FLA or the “ACT”), on behalf of Plaintiff and all 

other current and former employees similarly situated to Plaintiff (“the asserted class”) and 

who worked in excess of forty (40) hours during one or more weeks on or after May 2019, 

(the “material time”) without being compensated “at a rate not less than one and a half 

times the regular rate at which she is employed.”

24. Defendant PINECREST BAKERY was and is engaged in interstate commerce as defined 

in §§ 3 (r) and 3(s) of the Act, 29 U.S.C. § 203(r) and 203(s)(1)(A). The Defendant is a 

Cuban bakery/cafeteria and restaurant, and through its business activity, affects interstate 

commerce. The Defendant had more than two employees recurrently engaged in commerce 

or the production of goods for commerce by regularly and recurrently using the 

instrumentalities of interstate commerce to accept and solicit funds from non-Florida 

sources, by using electronic devices to authorize credit card transactions. Upon information 

and belief, the annual gross revenue of the Employer/Defendant was always more than

$500,000 per annum. Therefore, there is FLSA enterprise coverage.

25. Plaintiff and those similarly situated employees were employed by an enterprise engaged 

in interstate commerce. Plaintiff and those similarly-situated worked as housekeepers, and

through their daily activities, Plaintiff not only regularly, handled, or otherwise worked on 

goods and/or materials that had been produced for commerce and moved in interstate 

commerce at any time in business. Plaintiff also participated in interstate commerce when 

she handled credit card transactions. Therefore, there is FLSA individual coverage.

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26. Defendants PINECREST BAKERY, EFRAIN VALDES JR., and JOEL RODRIGUEZ 

employed Plaintiff MILVIA I. VIVERO as a non-exempted, hourly, full-time bakery 

employee from approximately May 28, 2019, to July 18, 2020, or 59 weeks. However, for 

FLSA purposes Plaintiff’s relevant employment period is 43 weeks. After approximately 

March 22, 2020, Plaintiff began to receive overtime pay.

27. Plaintiff was paid at the wage rate of $10.00 an hour, and her overtime rate should be 

$15.00 an hour.

28. During her time of employment with Defendants, Plaintiff, and other similarly situated 

individuals maintained a regular schedule. Plaintiff worked 6 days per week a minimum 

of 55 working hours every week. Plaintiff was unable to take bonafide lunch periods.

29. Plaintiff was paid for all her hours, but at a regular rate. Plaintiff worked many hours over

40, but she was not paid for overtime hours, as required by law. 

30. Plaintiff clocked in and out and the Defendants were able to track the number of hours 

worked by Plaintiff and other similarly situated individuals.

31. Therefore, Defendants willfully failed to pay Plaintiff for overtime hours at the rate of time 

and one-half her regular rate for every hour that she worked in excess of forty (40), in 

violation of Section 7 (a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 207(a)(1).

32. From the beginning of her employment to April 22, 2020, or 43 weeks the Plaintiff was 

not paid overtime hours, she was paid in cash, without any record or paystub providing 

basic information about the number of days and hours worked. Sometimes the Plaintiff 

was not in agreement with the amount received, but she had no access to verify the number 

of hours worked in a week and the payment received.

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33. The records, if any, concerning the number of hours worked by the Plaintiff and those 

similarly situated, and the compensation paid to such employees should be in the 

possession and custody of the Defendants. However, upon information and belief, 

Defendants did not maintain time accurate records of hours worked by Plaintiff and other 

employees. 

34. Defendants violated the record-keeping requirements of FLSA, 29 CFR Part 516.

35. Defendants never posted any notice, as required by the Fair Labor Standards Act and 

Federal Law, to inform employees of their federal rights to overtime and minimum wage 

payments. Defendants violated the Posting requirements of 29 U.S.C. § 516.4.

36. Plaintiff does not have time and payment records, but she will provide a good faith 

estimated based on the real number of hours worked as per her best recollections. Plaintiff 

will base her calculations on 55 working hours paid weekly. After discovery, the Plaintiff 

will adjust her calculations.

* Please note that these amounts are based on a preliminary calculation and that these 

figures could be subject to modifications as discovery could dictate.

a. Total amount of alleged unpaid O/T wages:

Three Thousand Two Hundred Twenty-Five Dollars and 00/100 ($3,225.00)

b. Calculation of such wages:

Total period of employment: 59 weeks

Relevant weeks of employment: 43 weeks

Total hours worked: 55 hours weekly average

Total overtime hours: 15 overtime hours

Regular rate: $10.00 x 1.5= $15.00 O/T rate

O/T rate: $15.00 an hour-$10.00 O/T rate paid = $5.00 Half-time difference

 Half-time $5.00 x 15 O/T hours=$75.00 weekly x 43 weeks=$3,225.00

 Nature of wages (e.g. overtime or straight time):

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 This amount represents half-time unpaid overtime wages.

37. At all times material hereto, the Employers/Defendants failed to comply with Title 29 

U.S.C. §207 (a) (1). In that, Plaintiff and those similarly-situated performed services and 

worked more than the maximum hours provided by the Act but no provision was made by 

the Defendants to properly pay them at the rate of time and one half for all hours worked 

over forty hours (40) per workweek as provided in said Act. 

38. Defendants knew and/or showed reckless disregard of the provisions of the Act concerning 

the payment of overtime wages as required by the Fair Labor Standards Act and remain

owing Plaintiff and those similarly-situated these overtime wages since the commencement 

of Plaintiff’s and those similarly-situated employee’s employment with Defendants as set 

forth above, and Plaintiff and those similarly-situated are entitled to recover double 

damages. 

39. At the times mentioned, individual Defendants EFRAIN VALDES JR. and JOEL 

RODRIGUEZ were the owners and managers of PINECREST BAKERY. The Defendants

EFRAIN VALDES JR. AND JOEL RODRIGUEZ were the employers of Plaintiff and 

others similarly situated within the meaning of Section 3(d) of the “Fair Labor Standards 

Act” [29 U.S.C. § 203(d)]. In that, these individual Defendants acted directly in the 

interests of PINECREST BAKERY concerning its employees, including Plaintiff and 

others similarly situated. Defendants EFRAIN VALDES JR. and JOEL RODRIGUEZ had

absolute financial and operational control of the Corporation, determining terms, and 

working conditions of Plaintiff and other similarly situated employees, and they are jointly 

and severally liable for Plaintiff’s damages. 

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40. Defendants PINECREST BAKERY, EFRAIN VALDES JR., and JOEL RODRIGUEZ 

willfully and intentionally refused to pay Plaintiff overtime wages at the rate of time and 

one half her regular rate, as required by the law of the United States and remains owing 

Plaintiff these overtime wages since the commencement of Plaintiff’s employment with 

Defendants as set forth above. 

41. Plaintiff has retained the law offices of the undersigned attorney to represent her in this 

action and is obligated to pay a reasonable attorneys’ fee. 

PRAYER FOR RELIEF

WHEREFORE, Plaintiff MILVIA I. VIVERO and those similarly situated respectfully requests 

that this Honorable Court: 

A. Enter judgment for Plaintiff MILVIA I. VIVERO and other similarly situated

individuals and against the Defendants PINECREST BAKERY, EFRAIN VALDES 

JR. and JOEL RODRIGUEZ based on Defendants’ willful violations of the Fair Labor 

Standards Act, 29 U.S.C. § 201 et seq.; and

B. Award Plaintiff MILVIA I. VIVERO actual damages in the amount shown to be due 

for unpaid overtime compensation for hours worked in excess of forty weekly, with 

interest; and

C. Award Plaintiff an equal amount in double damages/liquidated damages; and

D. Award Plaintiff reasonable attorneys' fees and costs of suit; and 

E. Grant such other and further relief as this Court deems equitable and just and/or 

available pursuant to Federal Law. 

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JURY DEMAND

Plaintiff MILVIA I. VIVERO demands trial by a jury of all issues triable as of right by a jury.

COUNT II:

F.L.S.A. WAGE AND HOUR FEDERAL STATUTORY VIOLATION:

FAILURE TO PAY MINIMUM WAGE, AGAINST ALL DEFENDANTS

42. Plaintiff MILVIA I. VIVERO re-adopts every factual allegation as stated in paragraphs 1-

21 of this complaint as if set out in full herein.

43. At all times pertinent to this Complaint, Defendant PINECREST BAKERY was an 

enterprise engaged in interstate commerce or the production of goods for commerce as 

defined in § 3(r) and 3(s) of the Act, 29 U.S.C. §§ 203(r) and 203(s). The annual gross sales 

volume of the corporate Defendant was in excess of $500,000.00 per annum. Alternatively, 

Plaintiff and those employees similarly situated worked in interstate commerce to fall 

within the protections of the Act.

44. This action is brought by Plaintiff MILVIA I. VIVERO and those similarly-situated to 

recover from the Employers PINECREST BAKERY, EFRAIN VALDES JR. and JOEL 

RODRIGUEZ unpaid minimum wages, as well as an additional amount as liquidated 

damages, costs, and reasonable attorney’s fees under the provisions of 29 U.S.C. § 201 et 

seq., and specifically under the provisions of 29 U.S.C. §206. 

45. U.S.C. §206 states “Every employer shall pay to each of his employees who in any 

workweek is engaged in commerce or the production of goods for commerce, or is 

employed in an enterprise engaged in commerce or in the production of goods for 

commerce, wages at the following rates: 

(1) except as otherwise provided in this section, not less than—

(A) $5.85 an hour, beginning on the 60th day after May 25, 2008; 

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(B) $6.55 an hour, beginning 12 months after that 60th day; and 

(C) $7.25 an hour, beginning 24 months after that 60th day

46. Defendants PINECREST BAKERY, EFRAIN VALDES JR., and JOEL RODRIGUEZ 

employed Plaintiff MILVIA I. VIVERO as a non-exempted, hourly, bakery employee from 

approximately May 28, 2019, to July 18, 2020, or 59 weeks. 

47. Plaintiff was paid $10.00 an hour, and her overtime rate should be $15.00 an hour.

48. During her time of employment with Defendants, Plaintiff, and other similarly situated 

individuals maintained a regular schedule. Plaintiff worked 6 days per week, a minimum 

average of 55 working hours weekly. Plaintiff was unable to take bonafide lunch periods. 

49. On or about July 18, 2020, Defendants fired Plaintiff due to discriminatory reasons. At the 

time of her termination, Defendants refused to pay Plaintiff her last 2 weeks of 

employment.

50. Therefore, Defendants willfully failed to pay Plaintiff minimum wages, in violation of the 

Fair Labor Standards Act of 1938 (29 U.S.C. §206 (a)). 

51. The records, if any, concerning the number of hours worked by Plaintiff and all others

similarly situated employees, and the compensation paid to such employees should be in 

the possession and custody of Defendants. However, upon information and belief, 

Defendants did not maintain accurate and complete time records of hours worked by 

Plaintiff and other employees in the asserted class.

52. The Defendants violated the record-keeping requirements of FLSA, 29 CFR Part 516.

53. The Defendants never posted any notice, as required by the Fair Labor Standards Act and 

Federal Law, to inform employees of their federal rights to overtime and minimum wage 

payments. Defendants violated the Posting requirements of 29 U.S.C. § 516.4.

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54. Prior to the completion of discovery, and to the best of Plaintiff’s knowledge, at the time 

of the filing of this complaint, the Plaintiff’s good faith estimate of the unpaid minimum 

wage is as follows:

a. Total amount of alleged unpaid wages:

Six Hundred Eighty-Four Dollars and 80/100 ($684.80)

b. Calculation of such wages: 

Total weeks of employment: 59 weeks 

Total relevant weeks of employment: 2 weeks

Total hours worked: 40 hours weekly average

Total number of unpaid hours: 40 regular hours

Regular rate: $10.00 an hour

Florida Minimum wage 2020: $8.56 an hour

Min. Wage $8.56 x 40 hours=$342.40 weekly x 2 weeks=$684.80

c. Nature of wages:

This amount represents unpaid minimum wages.

55. Defendants PINECREST BAKERY, EFRAIN VALDES JR., and JOEL RODRIGUEZ 

knew and/or showed a reckless disregard of the provisions of the Act concerning the 

payment of minimum wages as required by the Fair Labor Standards Act.

56. At the times mentioned, individual Defendants EFRAIN VALDES JR. and JOEL 

RODRIGUEZ were the owners and managers of PINECREST BAKERY. The Defendants

EFRAIN VALDES JR. AND JOEL RODRIGUEZ were the employers of Plaintiff and 

others similarly situated within the meaning of Section 3(d) of the “Fair Labor Standards 

Act” [29 U.S.C. § 203(d)]. In that, these individual Defendants acted directly in the 

interests of PINECREST BAKERY concerning its employees, including Plaintiff and 

others similarly situated. Defendants EFRAIN VALDES JR. and JOEL RODRIGUEZ had

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absolute financial and operational control of the Corporation, determining terms, and 

working conditions of Plaintiff and other similarly situated employees, and they are jointly 

and severally liable for Plaintiff’s damages. 

57. Defendants PINECREST BAKERY, EFRAIN VALDES JR., and JOEL RODRIGUEZ 

willfully and intentionally refused to pay Plaintiff minimum wages as required by the law 

of the United States, and remain owing Plaintiff these minimum wages since the date of 

her termination, and Plaintiff is entitled to recover double damages. 

58. The Plaintiff has retained the law offices of the undersigned attorney to represent her in 

this action and is obligated to pay a reasonable attorneys’ fee. 

PRAYER FOR RELIEF

WHEREFORE, Plaintiff MILVIA I. VIVERO and those similarly situated respectfully request 

that this Honorable Court: 

A. Enter judgment for Plaintiff MILVIA I. VIVERO and against the Defendants

PINECREST BAKERY, EFRAIN VALDES JR., and JOEL RODRIGUEZ based on

Defendants’ willful violations of the Fair Labor Standards Act, 29 U.S.C. § 201 et seq. 

and other Federal Regulations; and

B. Award Plaintiff actual damages in the amount shown to be due for unpaid minimum 

wages, with interest; and

C. Award Plaintiff an equal amount in double damages/liquidated damages; and

D. Award Plaintiff reasonable attorneys' fees and costs of suit; and 

E. Grant such other and further relief as this Court deems equitable and just and/or available 

pursuant to Federal Law. 

JURY DEMAND

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Plaintiff MILVIA I. VIVERO and those similarly situated demand trial by a jury of all issues 

triable as of right by a jury.

Dated: July 31, 2020 

 Respectfully submitted, 

 By: _/s/ Zandro E. Palma____

 ZANDRO E. PALMA, P.A.

 Florida Bar No.: 0024031

 9100 S. Dadeland Blvd.

 Suite 1500

 Miami, FL 33156

 Telephone: (305) 446-1500

 Facsimile: (305) 446-1502

 zep@thepalmalawgroup.com

 Attorney for Plaintiff

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