UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

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SHANNON MOSES, : Civil Action No.

: 

:

 PLAINTIFF, : COMPLAINT

v. :

: 

CHICAGO’S 312, LLC, and, : Plaintiff Demands

ROBERT G. BEATTY, individually, : a Trial by Jury

 DEFENDANTS. :

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Plaintiff SHANNON MOSES (“Moses” or “Plaintiff”), by his attorneys, LEVINE & 

BLIT, PLLC, complaining of Defendants CHICAGO’S 312, LLC ("Chicago’s” or “Defendant”), 

and ROBERT G. BEATTY, individually ("Beatty" or "Defendant") (all collectively 

"Defendants"), respectfully alleges upon information and belief:

 NATURE OF THE ACTION

1. This action is brought to remedy unpaid minimum wages and unpaid overtime wages, in 

violation of the Fair Labor Standards Act, 29 U.S.C. § 201 et seq. ("FLSA"), and unpaid 

minimum wages in violation of the Florida Constitution, Article X § 24 and Florida Statutes § 

448.110, the Florida Minimum Wage Act (“FMWA”).

2. Defendants' actions were unlawful and Plaintiff seeks injunctive and declaratory relief, 

monetary, compensatory and punitive damages, liquidated damages, interest, attorneys’ fees, 

costs, and other appropriate legal and equitable relief pursuant to the FLSA/FMWA and such 

other further relief as this Court deems necessary and proper.

JURISDICTION AND VENUE

3. Jurisdiction of this Court is proper under 28 U.S.C. §1331, because the matter in 

controversy is a civil action arising under the Constitution, laws or treaties of the United States. 

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4. Venue of this action in the Southern District of Florida under 28 U.S.C. §1391 is 

appropriate as Defendants have their principle place of business within the district, and as the 

Southern District is the judicial district where a substantial part of the events or omissions giving 

rise to the claim occurred. 

PARTIES

5. Plaintiff Moses is an individual who resides in Broward County, FL.

6. Upon information and belief, defendant Beatty is a resident of Broward County, FL, and 

is a corporate officer of, and exercises control over, Chicago’s.

7. Defendant Chicago’s is a domestic business corporation with a principle place of 

business at 110 Grand Palms Dr., Pembroke Pines, FL., which, upon information and belief, is an 

upscale jazz and blues restaurant.

8. At all times relevant to this action, Defendants were “employers” of Plaintiff within the 

meaning of the FLSA § 203 and FMWA.

9. Upon information and belief, at all times relevant to this action, defendant Chicago’s has 

been an enterprise engaged in interstate commerce within the meaning of the FLSA, 29 U.S.C § 

207(a) insofar that it: (1) has had employees engaged in commerce or in the production of goods 

for commerce, and handles, sells or otherwise works on goods or materials that have been moved 

in or produced for commerce by any person; and (2) has had annual gross volume of sales not 

less than $500,000.

10. Upon information and belief, Plaintiff has ordered, and/or used in his daily employment 

with Chicago’s, supplies and equipment from outside the state of Florida.

11. At all times relevant to this action, defendant Beatty held a supervisory position over 

Plaintiff, set Plaintiff’s rate of pay, set Plaintiff’s hours worked, determined that Plaintiff would 

not be paid proper wages, and otherwise undertook and recommended tangible employment 

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decisions controlling the terms and conditions of Plaintiff’s employment, including Plaintiff’s

compensation, with defendant Chicago’s.

12. At all times relevant to this action, Plaintiff was an employee of Defendants within the 

meaning of the FLSA/FMWA, and entitled to protection. At all times relevant to this action, 

Plaintiff performed services as an employee for Defendants within the Southern District of 

Florida.

13. At all times relevant to this action, Plaintiff had the skills, experience and qualifications 

necessary to work in his employment position for Defendants.

FACTUAL ALLEGATIONS

14. Plaintiff began his employment tenure with Defendants on April 1, 2018, and worked 

continuously for Defendants until approximately November 21, 2018. 

15. Plaintiff was hired by Defendants, who also set Plaintiff’s rates of pay and job duties 

from the beginning of Plaintiff’s employment tenure with Defendants to the end. 

16. Plaintiff’s job duties from the beginning of his employment tenure included taking 

customers’ orders, providing attentive service to the customers, and ensuring a pleasant dining 

experience, among other things.

17. Soon after Plaintiff began working for Defendants, Plaintiff was required to work at least

eighty (80) hours per week on a regular basis for Defendants.

18. For example, Plaintiff worked at least eighty (80) hours for Defendants per week, 

typically working seven (7) days per week, for at least twenty-four (24) consecutive weeks from 

April until October of 2018.

19. After consistently working 80-hour weeks for approximately six (6) months, Plaintiff 

continued to work no less than fifty (50) hours per week on a regular basis until the end of his

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employment tenure with Defendants on November 23, 2018, but was not paid overtime wages as 

required by law throughout his tenure.

20. Throughout Plaintiff’s employment tenure, Defendants intentionally refused to pay 

plaintiff proper minimum wages, regular wages, overtime wages at 1.5 plaintiff’s his regular rate 

of pay for hours over forty (40) in a workweek. In fact, Defendants never paid Plaintiff proper 

overtime wages even for a single workweek during his entire employment tenure with 

Defendants. 

21. Although Plaintiff worked significant hours each and every workweek for Defendants, 

over the course of approximately thirty-two (32) workweeks, Defendants only paid Plaintiff on

approximately no more than five occasions during this time period, giving Plaintiff a $900 check

each time. Furthermore, Plaintiff was not compensated at all until September of 2018, meaning 

Plaintiff worked at Defendant’s restaurant for over 5 months without pay. In essence, Plaintiff 

was reduced to essentially begging for his wages each and every workweek, only to be paid 

piecemeal at Defendants’ discretion, supplemented with unfulfilled promises that he would 

ultimately be made whole.

22. On numerous occasions during his employment tenure, Plaintiff requested that he be paid 

for all hours worked, and for overtime wages at the proper rate. On all occasions, Defendants

promised to make Plaintiff whole, but always failed to keep their promises. 

23. Defendants were aware or should have been aware that their pay practices, as alleged 

herein, were in violation of the FLSA/FMWA, but willfully engaged in such unlawful pay 

practices regardless.

24. Defendants’ non-payment of overtime wages was willful and without a good faith belief 

of compliance with the law; therefore, Plaintiff is entitled to recover liquidated damages under 

the FLSA/FMWA.

25. Due to Defendants’ intentional efforts to avoid paying Plaintiff proper minimum, regular, 

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and overtime wages throughout his employment tenure, Plaintiff suffered significant damages in 

the form of unpaid wages. 

26. Accordingly, due to Defendants’ unlawful actions, Plaintiff is owed the entirety of his 

unpaid minimum, regular, and overtime wages, plus all statutory damages associated with these 

unpaid wages, including liquidated damages, interest, attorneys’ fees and costs. 

FIRST CAUSE OF ACTION OF PLAINTIFF AGAINST ALL DEFENDANTS

(Unpaid Minimum Wages Under the FLSA)

27. Plaintiff hereby repeats, reiterates and realleges each and every allegation set forth above 

with the same force and effect as if more fully set forth herein.

28. At all times relevant to this action, Defendants were covered employers pursuant to the 

FLSA.

29. Throughout the entirety of Plaintiff’s employment tenure with Defendants, Defendants 

failed to pay Plaintiff’s minimum wages for all hours worked throughout his employment tenure, 

in violation of the FLSA.

30. Defendants failure to pay minimum wages for all hours worked was willful.

31. As a result of Defendants' FLSA violations, Plaintiff is entitled to recover from 

Defendants the entirety of his unpaid minimum wages, and an equal amount representing 

statutorily prescribed liquidated damages, as well as reasonable attorneys’ fees and costs of this 

action, and interest, pursuant to the FLSA.

SECOND CAUSE OF ACTION OF PLAINTIFF AGAINST ALL DEFENDANTS

(Unpaid Overtime Wages Under the FLSA)

32. Plaintiff hereby repeats, reiterates and realleges each and every allegation set forth above 

with the same force and effect as if more fully set forth herein.

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33. At all times relevant to this action, Defendants were covered employers pursuant to the 

FLSA.

34. Throughout the entirety of Plaintiff’s employment tenure with defendants, Plaintiff 

worked over forty hours per week for Defendants, every workweek, as a non-exempt employee 

pursuant to the FLSA.

35. Defendants failed to pay Plaintiff overtime wages of 1.5 times his regular rates of pay for 

all hours worked in excess of forty in a workweek, throughout his employment tenure, in 

violation of the FLSA.

36. Defendants failure to pay overtime premiums was willful.

37. As a result of Defendants' FLSA violations, Plaintiff is entitled to recover from 

Defendants his unpaid overtime wages, and an equal amount representing statutorily prescribed 

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

pursuant to the FLSA.

THIRD CAUSE OF ACTION OF PLAINTIFF AGAINST ALL DEFENDANTS

(Unpaid Minimum Wages Under the FMWA)

38. Plaintiff hereby repeats, reiterates and realleges each and every allegation set forth above 

with the same force and effect as if more fully set forth herein.

39. At all times relevant to this action, Defendants were covered employers pursuant to the 

FMWA.

40. Defendants failed to pay Plaintiff minimum wages for all hours worked throughout his 

employment tenure, in violation of the FMWA.

41. Defendants failure to pay minimum wages for all hours worked was willful.

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42. As a result of Defendants' FMWA violations, Plaintiff is entitled to recover from 

Defendants the entirety of his unpaid minimum wages, and an equal amount representing 

statutorily prescribed liquidated damages, as well as reasonable attorneys’ fees and costs of this 

action, and interest, pursuant to the FMWA.

JURY DEMAND

Plaintiff respectfully requests a trial by Jury.

 PRAYER FOR RELIEF

WHEREFORE, the Plaintiff respectfully requests that this Court enter an Order:

(a) declaring the acts and practices complained of herein are in violation of the 

FLSA/FMWA;

(b) directing Defendants to pay Plaintiff his actual damages in an amount to be determined at 

trial for lost minimum and overtime wages, as provided by the FLSA/FMWA;

(c) directing Defendants to pay Plaintiff liquidated damages, as provided by the 

FLSA/FMWA;

(d) directing Defendants to pay Plaintiff his unpaid regular wages at the agreed upon rate of 

$8.25/hour, plus all associated damages. 

(e) directing Defendants to pay Plaintiff reasonable attorneys’ fees, together with the costs 

and disbursements of this action; and 

(f) directing such other and further relief as this Court deems just and equitable.

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Dated: _8/12/2020_

Respectfully Submitted,

LEVINE & BLIT, P.L.L.C.

By: RUSSELL MORIARTY, ESQ. (RM 0224)

Florida Bar No. 0110964

Attorneys for Plaintiff, Shannon Moses

Miami Center

201 South Biscayne Boulevard

Suite 2800

Miami, FL 33131

Phone: (305)913-1338

Email: RMoriarty@LevineBlit.com

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