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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

FORT LAUDERDALE DIVISION

Case No.: ___________________

ROGER ESCANO, and other similarly 

situated individuals,

Plaintiff(s),

v.

EXOTIC COUNTERTOP INC f/k/a 

EXOTIC GRANITE & STONE, CORP. d/b/a 

EXOTIC GRANITE & STONE, CORP., and 

ELLYSON MEDEIROS, 

Defendants.

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COMPLAINT

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

Plaintiffs ROGER ESCANO (“Plaintiff”) and other similarly situated individuals, sue the 

Defendants EXOTIC COUNTERTOP INC f/k/a EXOTIC GRANITE & STONE, CORP. and 

ELLYSON MEDEIROS (collectively the “Defendants”) and allege:

JURISDICTION

1. This is an action to recover money damages for unpaid 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”).

VENUE

2. Plaintiff is a resident of Broward County, Florida, within the jurisdiction of this 

Honorable Court. Plaintiff is a covered employee for purposes of the Act.

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3. EXOTIC COUNTERTOP INC (the “Corporate Defendant”) and ELLYSON 

MEDEIROS (the “Individual Defendant”), are a Florida company and a Florida resident,

respectively, having their main place of business in Broward County, Florida, where Plaintiff 

worked for Defendants, and at all times material hereto were and are engaged in interstate 

commerce. The Individual Defendant, upon information and belief, resides in Broward County, 

Florida.

4. EXOTIC COUNTERTOP INC is a successor in interest of EXOTIC GRANITE & 

STONE, CORP.

COUNT I: WAGE AND HOUR VIOLATION BY

CORPORATE DEFENDANT (OVERTIME)

5. Plaintiff re-adopts each and every factual allegation as stated in paragraphs 1-3 

above as if set out in full herein. 

6. This action is brought by Plaintiff and those similarly situated to recover from the 

Corporate Defendant unpaid overtime compensation, as well as an additional amount as liquidated 

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

specifically under the provisions of 29 U.S.C. § 207. 29 U.S.C. § 207 (a)(1) states, “No employer 

shall employ any of his employees . . . for a work week longer than 40 hours unless such employee 

receives compensation for his employment in excess of the hours above-specified at a rate not less 

than one and a half times the regular rate at which he is employed.”

7. Jurisdiction is conferred on this Court by Title 28 U.S.C. § 1337 and by Title 29 

U.S.C. § 216(b). The Corporate Defendant is and, at all times pertinent to this Complaint, was 

engaged in interstate commerce. At all times pertinent to this Complaint, the Corporate Defendant

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operates as an organization which sells and/or markets its services and/or goods to customers from 

throughout the United States and also provides its services for goods sold and transported from 

across state lines of other states, and the Corporate Defendant obtains and solicits funds from nonFlorida sources, accepts funds from non-Florida sources, uses telephonic transmissions going over 

state lines to do its business, transmits funds outside the State of Florida, and otherwise regularly 

engages in interstate commerce, particularly with respect to its employees. 

8. Upon information and belief, the annual gross revenue of the Corporate Defendant

was at all times material hereto in excess of $500,000 per annum, and/or Plaintiff and those 

similarly situated, by virtue of working in interstate commerce, otherwise satisfy the Act’s 

requirements. 

9. By reason of the foregoing, the Corporate Defendant is and was, during all times 

hereafter mentioned, an enterprise engaged in commerce or in 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) and/or Plaintiff 

and those similarly situated was and/or is engaged in interstate commerce for the Corporate 

Defendant. The Corporate Defendant’s business activities involve those to which the Act applies. 

The Corporate Defendant is a construction company in the business of manufacturing and 

installing countertops and, through its business activity, affects interstate commerce. The 

Plaintiff’s work for the Corporate Defendant likewise affects interstate commerce. Plaintiff was 

employed by the Corporate Defendant as a construction worker for the Corporate Defendant’s

business.

10. While employed by the Corporate Defendant, Plaintiff worked approximately an 

average of 65-70 hours per week without being compensated at the rate of not less than one- and 

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one-half times the regular rate at which he was employed. Plaintiff was employed as a construction 

worker performing the same or similar duties as that of those other similarly situated construction 

workers whom Plaintiff observed working in excess of 40 hours per week without overtime 

compensation. 

11. Plaintiff worked for the Corporate Defendant from approximately November of 

2012 to July 1, 2022. In total, Plaintiff worked approximately 149 compensable weeks under the 

Act, or 149 compensable weeks if we count 3 years back from the filing of the instant action.

12. The Corporate Defendant paid Plaintiff on average approximately $22 per hour. 

13. However, the Corporate Defendant did not properly compensate Plaintiff for hours 

that Plaintiff worked in excess of 40 per week.

14. Plaintiff seeks to recover unpaid overtime wages accumulated from the date of hire 

and/or from 3 (three) years back from the date of the filing of this Complaint.

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

time of the filing of this Complaint, Plaintiff’s good faith estimate of unpaid overtime wages is as 

follows:

a. Actual Damages: $49,170

i. Calculation: $22 (hourly pay) x .5 (overtime rate) x 30 (approximate number of 

overtime hours) x 149 (compensable weeks) = $49,170

b. Liquidated Damages: $49,170

c. Total Damages: $98,340 plus reasonable attorneys’ fees and costs of suit.

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16. At all times material hereto, the Corporate Defendant failed to comply with Title 

29 U.S.C. §§ 201-219 and 29 C.F.R. § 516.2 and § 516.4 et seq. in that Plaintiff and those similarly

situated performed services and worked in excess of the maximum hours provided by the Act but 

no provision was made by the Corporate Defendant to properly pay them at the rate of time and 

one half for all hours worked in excess of forty hours (40) per workweek as provided in the Act. 

The additional persons who may become Plaintiffs in this action are weekly-paid employees and/or 

former employees of the Corporate Defendant who are and who were subject to the unlawful 

payroll practices and procedures of the Corporate Defendant and were not paid time and one half 

of their regular rate of pay for all overtime hours worked in excess of forty. 

17. The Corporate Defendant knew and/or showed reckless disregard of the provisions 

of the Act concerning the payment of overtime wages and remains owing Plaintiff and those 

similarly situated these overtime wages since the commencement of Plaintiff’s and those similarly

situated employees’ employment with the Corporate Defendant as set forth above, and Plaintiff 

and those similarly situated are entitled to recover double damages. The Corporate Defendant

never posted any notice, as required by Federal Law, to inform employees of their federal rights 

to overtime and minimum wage payments. 

18. The Corporate Defendant willfully and intentionally refused to pay Plaintiff 

overtime wages as required by the laws of the United States as set forth above and remains owing 

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

Corporate Defendant as set forth above.

19. Plaintiff has retained the law offices of the undersigned attorney to represent him 

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

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PRAYER FOR RELIEF

WHEREFORE, Plaintiff and those similarly situated request that this Honorable Court: 

A. Enter judgment for Plaintiff and others similarly situated and against the Corporate 

Defendant on the basis of the Corporate Defendant’s 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 wages and 

overtime compensation for hours worked in excess of forty weekly; 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. 

COUNT II: WAGE AND HOUR VIOLATION BY

INDIVIDUAL DEFENDANT (OVERTIME)

20. Plaintiff re-adopts each and every factual allegation as stated in paragraphs 1-19

above as if set out in full herein.

21. At the times mentioned, the Individual Defendant was, and is now, the owner and 

or principal officer and director of the Corporate Defendant. The Individual Defendant was an 

employer of Plaintiff and others similarly situated within the meaning of Section 3(d) of the Act 

[29 U.S.C. § 203(d)], in that this defendant acted directly or indirectly in the interests of the 

Corporate Defendant in relation to the employees of the Corporate Defendant, including Plaintiff 

and others similarly situated. 

22. The Individual Defendant had operational control of the Corporate Defendant, was 

involved in the day-to-day functions of the Corporate Defendant, provided Plaintiff with his work 

schedule, and is jointly liable for Plaintiff’s damages.

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23. The Individual Defendant is and was at all times relevant a person in control of the 

Corporate Defendant’s financial affairs and can cause the Corporate Defendant to compensate (or 

not to compensate) its employees in accordance with the Act.

24. The Individual Defendant willfully and intentionally caused Plaintiff not to receive 

overtime compensation as required by the laws of the United States as set forth above and remains 

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

Corporate Defendant as set forth above. 

25. Plaintiff has retained the law offices of the undersigned attorney to represent him 

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

PRAYER FOR RELIEF

WHEREFORE, Plaintiff and those similarly situated request that this Honorable Court: 

A. Enter judgment for Plaintiff and others similarly situated and against the Individual 

Defendant on the basis of the 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 wages and 

overtime compensation for hours worked in excess of forty weekly; 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. 

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Dated: August 26, 2022.

Respectfully submitted,

By: /s/ Julisse Jimenez

Julisse Jimenez, Esquire

 Fla. Bar No.: 65387 

 Email: julisse@saenzanderson.com

R. Martin Saenz, Esquire

Fla. Bar No.: 0640166

Email: msaenz@saenzanderson.com

SAENZ & ANDERSON, PLLC 

20900 NE 30th Avenue, Ste. 800

Aventura, Florida 33180

Telephone: (305) 503-5131

Facsimile: (888) 270-5549

Counsel for Plaintiff

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