UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO.:

JOHNNY MAX OXYDE, 

Plaintiff,

v.

STAR PUPS, INC., 

DANIEL RUIZ, 

Defendants.

__________________________________/

COMPLAINT

{Jury Trial Demanded}

Plaintiff, JOHNNY MAX OXYDE, brings this action against Defendants, STAR PUPS, 

INC. and DANIEL RUIZ, pursuant to the Fair Labor Standards Act (“FLSA”), 29 U.S.C § 201 et 

seq., and alleges as follows:

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

2. At all times material hereto, Plaintiff JOHNNY MAX OXYDE was a resident of the State 

of Florida and an “employee” of Defendants as defined by the FLSA.

3. At all times material hereto, Plaintiff engaged in interstate commerce on a regular and 

recurring basis within the meaning of the FLSA including but not limited to interstate telephone 

communication with customers and vendors in Ohio, Arizona, Georgia, New York, North Carolina, 

and other states.

4. At all times material hereto, Defendant, STAR PUPS, INC., was a Florida corporation with 

its principal place of business in South Florida, engaged in commerce in the field of operating pet 

kennels, pet shop, and grooming, at all times material hereto was the “employer” of Plaintiff as 

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that term is defined under statutes referenced herein, engaged along with its employees in interstate 

commerce, and has annual gross sales and/or business volume of $500,000 or more.

5. Defendant, DANIEL RUIZ, is a resident of Broward County, Florida and was, and now is, 

a manager of Defendant, STAR PUPS, INC., controlled Plaintiff’s duties, hours worked, and 

compensation, and managed the day-to-day operations of STAR PUPS, INC.. Accordingly, 

DANIEL RUIZ was and is an “employer” of the Plaintiff within the meaning of 29 U.S.C. §203(d).

6. Two or more of Defendants’ employees handled tools, supplies, and equipment 

manufactured outside Florida in furtherance of their business, including but not limited to phones, 

computers, computer monitors, computer keyboards, computer mice, pens, and paper.

7. Plaintiff JOHNNY MAX OXYDE worked for Defendants as a kennel tech.

8. Defendants failed to pay Plaintiff’s full and proper overtime wages of 1.5 times Plaintiff’s

regular hourly rate for hours worked over 40 each week.

9. Defendants failed to pay Plaintiff’s full and proper minimum wages for hours worked 

during Plaintiff’s employment.

10. Attached as Exhibit A is a preliminary calculation of Plaintiff’s claims. These amounts may 

change as Plaintiff engages in the discovery process.

11. Defendants have knowingly and willfully refused to pay Plaintiff’s legally-entitled wages.

12. Plaintiff has complied with all conditions precedent to bringing this suit, or same have been 

waived or abandoned.

13. Plaintiff has retained the services of the undersigned and is obligated to pay for the legal 

services provided.

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COUNT I

VIOLATION OF FAIR LABOR STANDARDS ACT (“FLSA”)

ALL DEFENDANTS

14. Plaintiff realleges and incorporates the allegations set forth in paragraphs 1-13 above as if

set forth herein in full.

15. Plaintiff alleges this action pursuant to the Fair Labor Standards Act, 29 U.S.C. §§ 216 (b), 

that Plaintiff is entitled to: (i) unpaid minimum wages, (ii) time-and-a-half overtime pay, and (iii) 

liquidated damages pursuant to the Fair Labor Standards Act, 29 U.S.C. §§ 201 et seq. 

16. Plaintiff seeks recovery of damages as referenced above and further seeks interest, costs, 

and attorneys’ fees pursuant to 29 U.S.C. § 216(b).

WHEREFORE, Plaintiff demands judgment against Defendants, jointly and severally, plus 

costs, reasonable attorneys’ fees, and such other remedy as the court deems just and appropriate.

Respectfully submitted,

Koz Law, P.A.

320 S.E. 9th Street

Fort Lauderdale, Florida 33316

Phone: (786) 924-9929

Fax: (786) 358-6071

Email: ekoz@kozlawfirm.com

Elliot Kozolchyk, Esq.

Bar No.: 74791

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