IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF FLORIDA

 GAINESVILLE DIVISION

AVERY PETERSON, )

)

Plaintiff, )

)

v. ) Civil Action No.:

)

PREMIER PLUMBING AND LEAK, LLC, )

)

Defendant. )

____________________________________)

COMPLAINT

COMES NOW the Plaintiff, AVERY PETERSON (“PLAINTIFF”), and files this 

Complaint against DEFENDANT, PREMIER PLUMBING AND LEAK, LLC

(“DEFENDANT”), respectfully stating unto the Court the following:

GENERAL ALLEGATIONS

1. This is a cause of action to recover back pay, liquidated damages, attorney fees, costs 

of litigation and other relief from DEFENDANT for violations of the Fair Labor 

Standards Act (“FLSA”) and for breach of contract.

2. At all material times, PLAINTIFF was a citizen and resident of Florida.

3. At all material times, DEFENDANT was a Florida corporation, with a principal address 

in Gainesville Florida, which provided plumbing services in the Northern District of 

Florida, and PLAINTIFF performed work for DEFENDANT in Gainesville, Florida. 

BACKGROUND

4. PLAINTIFF brings this action to require DEFENDANT to pay back wages owed to 

PLAINTIFF, which DEFENDANT failed to pay in violation of the Fair Labor 

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Standards Act of 1938, as amended, 29 U.S.C. §§ 201, et seq.

5. At all relevant times, DEFENDANT acted through its officers, agents, servants and 

employees.

6. Upon information and belief, at all relevant times, DEFENDANT had two or more 

employees, including PLAINTIFF, who regularly handled goods that moved in or were 

produced for interstate commerce that were used to remove trees. 

7. At all relevant times, DEFENDANT was an enterprise engaged in commerce as defined 

at 29 U.S.C. § 203.

8. Upon information and belief, at all relevant times, DEFENDANT had annual gross 

sales in excess of $500,000.00 and two or more employees who regularly handled 

goods that moved in or were produced for interstate commerce.

9. Jurisdiction is conferred on this Court by 28 U.S.C. §§ 1331, 1337 and by 29 U.S.C. § 

216.

10. In or around May 2017, DEFENDANT hired PLAINTIFF to work as a plumber’s 

helper at a rate of pay of $10 per hour and he remained in that capacity until 

DEFENDANT terminated him in or around September 2018.

11. The FLSA requires an employer to pay its employees at a rate of at least minimum 

wage for all hours worked and also requires an employer to pay its employees time and 

one-half when they work more than 40 hours per week.

12. Throughout his employment as a plumber’s helper, PLAINTIFF worked at least 70

hours per week, but was paid only straight time for the hours he worked.

13. Upon information and belief, DEFENDANT has, since the beginning of PLAINTIFF’S

employment, willingly, deliberately and intentionally refused to pay PLAINTIFF at a 

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rate of one and one-half times his usual hourly rate when he worked more than 40 hours 

per week. 

14. PLAINTIFF therefore is owed compensation for time actually worked but not paid at 

the appropriate overtime rate by DEFENDANT, who willingly and knowingly 

withheld those wages. 

COUNT I

VIOLATION OF THE FAIR LABOR STANDARDS ACT

15. The General Allegations and Background above are hereby incorporated by reference 

as though fully set forth herein.

16. DEFENDANT regularly engages in commerce and its employees, including 

PLAINTIFF, handled and used materials, which have moved in interstate commerce. 

17. At all relevant times, DEFENDANT was an employer within the meaning of the Fair 

Labor Standards Act of 1938, as amended, 29 U.S.C. §§ 201, et seq. and is subject to 

the provisions of the Act. 

18. PLAINTIFF, at all relevant times was a non-exempt employee of DEFENDANT, as 

defined by the Fair Labor Standards Act of 1938, as amended, 29 U.S.C. §§ 201, et seq.

who performed work for which he did not receive appropriate compensation.

19. During his employment with DEFENDANT, PLAINTIFF performed work for which 

he was not properly compensated in violation of the provisions of the Fair Labor 

Standards Act of 1938, as amended, 29 U.S.C. §§ 201, et seq. More specifically, 

DEFENDANT violated the overtime provisions of the Fair Labor Standards Act by not 

paying PLAINTIFF time and one-half when he worked more than 40 hours in a week.

20. Upon information and belief, DEFENDANT’S pay system was unilaterally imposed 

upon PLAINTIFF by DEFENDANT. 

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21. DEFENDANT’S failure to compensate PLAINTIFF for his overtime violates the 

overtime provisions of the FLSA and the regulations thereunder. 

22. DEFENDANT’S failure to compensate PLAINTIFF for his overtime was a willful and 

knowing violation of the Act. 

23. As a result of DEFENDANT’S willful and knowing failure to properly compensate 

PLAINTIFF, he has suffered substantial delay in receipt of wages owed and damages. 

24. Pursuant to 29 U.S.C. §§206, 207 and 216, DEFENDANT owes PLAINTIFF 

compensation at a rate of one and one-half times his agreed hourly rate for the overtime 

hours he worked, and an additional equal amount as liquidated damages, together with 

an additional sum for attorney’s fees and costs of litigation. 

25. All conditions precedent to maintaining this action have occurred or otherwise been 

waived.

WHEREFORE, PLAINTIFF demands judgment against DEFENDANT and respectfully 

prays the Court that PLAINTIFF will recover unpaid wages, liquidated damages, pre- and postjudgment interest, nominal damages, attorney fees, and other relief by reason of DEFENDANT’S

violations of the FLSA; for a trial by jury on all issues so triable, and, for such other and further 

relief as the Court may deem just and proper. 

COUNT II

FLSA-RETALIATION

26. The General Allegations and Background are hereby incorporated by reference as 

though fully set forth herein.

27. Throughout his employment, PLAINTIFF complained to DEFENDANT that he was 

not getting paid in accordance with the FLSA’s overtime provisions. 

28. Upon information and belief, PLAINTIFF was terminated in or around September

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2018, because he requested DEFENDANT pay him time and one-half for his overtime. 

29. As a result of his termination, PLAINTIFF suffered a loss of income, humiliation and 

embarrassment.

WHEREFORE, PLAINTIFF demands judgment against DEFENDANT and respectfully 

prays the Court that PLAINTIFF will recover lost wages and fringe benefits, damages for mental 

anguish, embarrassment and humiliation, punitive damages, pre- and post-judgment interest, other 

compensatory damages, nominal damages, and other relief by reason of DEFENDANT’S violation 

of the FLSA’s retaliation provision; for a trial by jury on all issues so triable, and, for such other 

and further relief as the Court may deem just and proper. 

COUNT III

BREACH OF CONTRACT

30. The General Allegations and Background are hereby incorporated by reference as 

though fully set forth herein.

31. DEFENDANT breached its employment agreement with PLAINTIFF by failing to pay 

PLAINTIFF the agreed rate of pay for all the hours he worked and by failing to pay 

PLAINTIFF money it had been holding for PLAINTIFF. In that regard, DEFENDANT 

held $100 per week from PLAINTIFF’S pay because PLAINTIFF was not allowed to 

exceed a certain balance at the facility where he was incarcerated. DEFENDANT 

agreed to pay PLAINTIFF that money when he was released, but failed to do so.

WHEREFORE, PLAINTIFF demands judgment against DEFENDANT and respectfully 

prays the Court that PLAINTIFF will recover lost wages and fringe benefits, pre- and postjudgment interest, other compensatory damages, nominal damages, and other relief by reason of 

DEFENDANT’S breach of contract; for a trial by jury on all issues so triable, and, for such other 

and further relief as the Court may deem just and proper. 

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Dated: October 1, 2019

Respectfully submitted,

THE LAW OFFICE OF MATTHEW BIRK

 

/s/ Matthew W. Birk 

Matthew W. Birk

Florida Bar No.: 92265

309 NE 1st Street

Gainesville, FL 32601

(352) 244-2069

(352) 372-3464 FAX

mbirk@gainesvilleemploymentlaw.com

ATTORNEYS FOR PLAINTIFF

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