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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO. ____________-CIV-___________/____________ 

YEIMYS HERRERIA, an individual, 

Plaintiff, 

 

v. 

NOMI HEALTH, INC., Delaware Corporation, SB PORT 

VENTURES LLC, a Florida Limited Liability Company, and 

MEDX STAFFING, INC., a Utah Corporation, 

Defendants. 

____________________________________________________/ 

COMPLAINT

1. Plaintiff, YEIMYS HERRERIA (hereinafter referred to as “Plaintiff” and 

“HERRERIA”), is an individual residing in Miami-Dade County, Florida. 

2. Defendants, NOMI HEALTH, INC., a Delaware Corporation, SB PORT 

VENTURES LLC, a Florida Limited Liability Company, and MEDX STAFFING, INC., a Utah 

Corporation (collectively referred to as “Defendants”), have at all times material to this Complaint 

owned and/or operated a business employing testing personnel to carry out COVID-19 testing at 

multiple locations, including throughout Miami-Dade County, Florida. 

3. At all times material to this Complaint, Defendants, NOMI HEALTH, INC., SB 

PORT VENTURES LLC, and MEDX STAFFING, INC., directly or indirectly, acted in the 

interest of an employer toward HERRERIA, including without limitation directly or indirectly 

controlling the terms of employment and compensation of Plaintiff. Alternately, Defendants, 

NOMI HEALTH, INC., SB PORT VENTURES LLC, and MEDX STAFFING, INC., and each of 

their respective divisions, subsidiaries or affiliates, and parent entities, however constituted, were 

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joint employers of HERRERIA because each, respective division, subsidiary or affiliate acted 

directly or indirectly in the interest of the other in relation to such Plaintiff. As a second alternative, 

Defendants, NOMI HEALTH, INC., SB PORT VENTURES LLC, and MEDX STAFFING, INC., 

and each of their divisions, subsidiaries or affiliates, and parent entities, however constituted, were 

joint employers of HERRERIA because they commonly controlled the terms of compensation and 

employment of Plaintiff and because they are not completely disassociated with respect to the 

terms of compensation and employment of Plaintiff. As a final alternative, Defendants, NOMI 

HEALTH, INC., SB PORT VENTURES LLC, and MEDX STAFFING, INC., and each of their 

divisions, subsidiaries or affiliates, and parent entities, however constituted, directly or indirectly 

acted in the interest of an employer toward HERRERIA at all material times to this Complaint, 

including without limitation directly or indirectly controlling the terms of employment and 

compensation of Plaintiff.

4. Plaintiff, YEIMYS HERRERIA, brings this action against Defendants, NOMI 

HEALTH, INC., SB PORT VENTURES LLC, and MEDX STAFFING, INC., for unpaid overtime 

wages, liquidated damages, and the costs and reasonable attorneys’ fees of this action under the 

provisions of the Fair Labor Standards Act, 29 U.S.C. §216(b). 

5. In connection with the work HERRERIA performed between approximately July 

2021 and March 2022 for Defendants, NOMI HEALTH, INC., SB PORT VENTURES LLC, and 

MEDX STAFFING, INC., while Defendants paid Plaintiff without withholding or paying 

applicable employment and income taxes in connection with the compensation paid to Plaintiff for 

her continuous work as an hourly Registered Nurse for Defendants and one or more of the 

Defendants issued HERRERIA an IRS Form 1099—for the year 2021, for example, through SB 

PORT VENTURES LLC in the amount of $15,303.95—the facts and circumstances of the work 

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HERRERIA performed for Defendants between approximately July 2021 and March 2022 reveal 

and confirm that HERRERIA was an employee of Defendants under the law, not an independent 

contractor, including but not limited to because: 

(a) Plaintiff worked on a permanent and continuous basis carrying out 

non-exempt RN duties for Defendants each week between approximately July 2021 

and March 2022;

(b) Plaintiff was wholly dependent on Defendants for earning her

livelihood between approximately July 2021 and March 2022; 

(c) Plaintiff had no opportunity for profit or loss dependent upon any 

managerial skill of Plaintiff between approximately July 2021 and March 2022; 

(d) Defendants exercised direct and extensive control over the manner 

in which and times at which Plaintiff was required to perform work each day for 

Defendants between approximately July 2021 and March 2022; 

(e) the RN duties Plaintiff carried out on a daily basis for Defendants 

between approximately July 2021 and March 2022 did not require specialized skills 

by Plaintiff; and 

(f) Plaintiff’s duties for Defendants between approximately July 2021 

and March 2022 were an integral part of Defendants’ testing services. 

6. At all times material to this Complaint, HERRERIA was an employee of 

Defendants, NOMI HEALTH, INC., SB PORT VENTURES LLC, and MEDX STAFFING, INC., 

within the meaning of the FLSA, 29 U.S.C. §203(e)(1).

7. At all times material to this Complaint, Defendants, NOMI HEALTH, INC., SB 

PORT VENTURES LLC, and MEDX STAFFING, INC., were employers or a joint employer of 

HERRERIA within the meaning of the FLSA, 29 U.S.C. §203(d).

8. Jurisdiction is conferred on this Court by 29 U.S.C. §216(b) and 28 U.S.C. §1337.

9. A substantial part of the events giving rise to this action occurred in Miami-Dade

County, Florida within the jurisdiction of the United States District Court for the Southern District 

of Florida, Miami Division.

10. At all times material to this Complaint including but not necessarily limited to 

during the years of 2020, 2021, and/or 2022, Defendants, NOMI HEALTH, INC., SB PORT 

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VENTURES LLC, and MEDX STAFFING, INC., had two (2) or more employees who have 

regularly sold, handled, or otherwise worked on goods and/or materials that had been moved in or 

produced for commerce. In this regard, HERRERIA alleges based upon information and belief 

and subject to discovery, that at all times material to this Complaint including during the years 

2020, 2021, and/or 2022, Defendants, NOMI HEALTH, INC., SB PORT VENTURES LLC, and 

MEDX STAFFING, INC., employed two (2) or more employees who, inter alia, regularly: (a) 

worked with COVID-19 tests and testing materials which were goods and/or materials moved in 

or produced for commerce; and (b) processed credit card, debit card, electronic bank, insurance or 

other electronic financial and/or transfer payments through and across multiples States.

11. Based upon information and belief, the annual gross sales volume of Defendants, 

NOMI HEALTH, INC., SB PORT VENTURES LLC, and MEDX STAFFING, INC., individually 

and/or collectively, wasin excess of $500,000.00 per annum at all times material to this Complaint, 

including but not necessarily limited to during the years of 2020, 2021, and/or 2022.

12. At all times material to this Complaint, including but not necessarily limited to 

during the years of 2020, 2021, and/or 2022, Defendants, NOMI HEALTH, INC., SB PORT 

VENTURES LLC, and MEDX STAFFING, INC., constituted an enterprise engaged in interstate 

commerce or in the production of goods for commerce as defined by the FLSA, 29 U.S.C. §203(s). 

13. In approximately July 2021, Defendants, NOMI HEALTH, INC., SB PORT 

VENTURES LLC, and MEDX STAFFING, INC., hired HERRERIA to work as a Registered 

Nurse based upon the regular rate of $45.00 per hour.

14. Throughout the three (3) year statute of limitations period between approximately 

July 2021 and March 2022, HERRERIA’s primary duties as an hourly Registered Nurse for 

Defendants, NOMI HEALTH, INC., SB PORT VENTURES LLC, and MEDX STAFFING, INC., 

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consisted of the following non-exempt tasks at different COVID-19 testing sites such as the 

Kendale Lakes Library and Tropical Park in Miami, Florida: (a) registering, swabbing and testing

patients for COVID-19; and (b) scanning PCR tests to be sent to offsite labs and processing results 

of rapid tests. 

15. The primary job duties HERRERIA performed for Defendants NOMI HEALTH, 

INC., SB PORT VENTURES LLC, and MEDX STAFFING, INC., during the statute of limitations 

period between approximately July 2021 and March 2022 as an Registered Nurse did not involve 

the exercise of independent judgment nor were Plaintiff’s primary duties complex administrative 

tasks that involved exercising discretion for Defendants’ general business operations. 

16. Likewise, the primary duties HERRERIA performed for Defendants, NOMI 

HEALTH, INC., SB PORT VENTURES LLC, and MEDX STAFFING, INC., between 

approximately July 2021 and March 2022 required little skill and no capital investment, as these 

duties did not substantially include managerial responsibilities or the exercise of independent 

judgment with respect to matters of significance in the operation of Defendants’ administration or 

production operations.

17. Instead, throughout the course of HERRERIA’s employment as a Registered Nurse

for Defendants, NOMI HEALTH, INC., SB PORT VENTURES LLC, and MEDX STAFFING, 

INC., between approximately July 2021 and March 2022, Plaintiff devoted all of her working time 

for Defendants each week to performing non-exempt COVID-19 testing duties for Defendants.

18. Finally, the primary duties of HERRERIA for Defendants, NOMI HEALTH, INC., 

SB PORT VENTURES LLC, and MEDX STAFFING, INC., during the three (3) year statute of 

limitations period between approximately July 2021 and March 2022 as an Registered Nurse was 

not management of Defendants’ office or any department(s) within the office or Defendants’ 

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business overall, and Plaintiff had no authority for and did not regularly interview, hire, discipline, 

or fire employees of Defendants.

19. During the three (3) year statute of limitations period between approximately July 

2021 and March 2022, HERRERIA regularly worked for Defendants, NOMI HEALTH, INC., SB 

PORT VENTURES LLC, and MEDX STAFFING, INC., as a Registered Nurse anywhere from

Five (5) to Six (6) days per week with start times as early as approximately 6:00 a.m. and stop 

times of approximately 7:30 p.m. or later, regularly working as many as approximately Sixty-Five 

(65) to Seventy-Eight (78) hours per week.

20. However, Defendants, NOMI HEALTH, INC., SB PORT VENTURES LLC, and 

MEDX STAFFING, INC., failed to pay HERRERIA time and one-half wages for all of the hours 

she worked in excess of Forty (40) hours per week for Defendants in numerous work weeks during 

the three (3) year statute of limitations period between approximately July 2021 and March 2022

present as required by the Fair Labor Standards Act, with Defendants instead intentionally 

misclassifying Plaintiff as an independent contractor despite Plaintiff’s primary duties being as a 

non-exempt employee as a matter of law and Defendants paying HERRERIA at the regular rate of 

$45.00 per hour for all of her hours worked for Defendants including Plaintiff’s hours worked in 

excess of Forty (40) hours of work per week between approximately July 2021 and March 2022

without time and one-half compensation for the overtime hours Plaintiff regularly worked for

Defendants.

21. Subject to discovery, based upon Defendants, NOMI HEALTH, INC., SB PORT 

VENTURES LLC, and MEDX STAFFING, INC., paying HERRERIA at an applicable regular 

rate of $45.00 per hour between approximately July 2021 and March 2022 and Plaintiff being 

owed a total of approximately 893.00 unpaid overtime hours at half-time rate of $22.50/hour

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[$45.00/2 = $22.50/hour], Plaintiff’s unpaid overtime wages total approximately $20,092.50 

[$22.50/hour x 893.00 Unpaid OT Hours = $20,092.50].

22. Based upon information and belief, records of HERRERIA’s actual start times, stop 

times, number of hours worked each day, and total hours actually worked each week for 

Defendants, NOMI HEALTH, INC., SB PORT VENTURES LLC, and MEDX STAFFING, INC., 

between approximately July 2021 and March 2022 are in the possession, custody, and/or control 

of Defendants as a result of Defendants tracking Plaintiff’s hours worked through an app on which 

Plaintiff’s “clock in time” and “clock out time” was contemporaneously recorded each work day 

between approximately July 2021 and March 2022. 

23. Defendants, NOMI HEALTH, INC., SB PORT VENTURES LLC, and MEDX 

STAFFING, INC., had knowledge of the hours worked in excess of Forty (40) hours per week by 

HERRERIA as an hourly Registered Nurse during each week between July 2021 and March 2022

but Defendants willfully failed to compensate Plaintiff for all of her actual overtime hours worked 

for Defendants, instead accepting the benefits of the work performed by Plaintiff without the 

overtime compensation required by the FLSA, 29 U.S.C. §207. 

24. The complete records reflecting the compensation paid by Defendants, NOMI 

HEALTH, INC., SB PORT VENTURES LLC, and MEDX STAFFING, INC., to HERRERIA

each week while in the Registered Nurse position between approximately July 2021 and March 

2022 are in the possession, custody, and/or control of Defendants.

COUNT I

OVERTIME VIOLATIONS OF THE FAIR LABOR STANDARDS ACT

 25. Plaintiff, YEIMYS HERRERIA, readopts and realleges the allegations contained 

in Paragraphs 1 through 24 above. 

 26. HERRERIA is entitled to be paid time and one-half of her applicable regular rate(s) 

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of pay for each hour she worked as an hourly Registered Nurse for Defendants, NOMI HEALTH, 

INC., SB PORT VENTURES LLC, and MEDX STAFFING, INC., in excess of Forty (40) hours 

per work week during the three (3) year statute of limitations period between approximately July 

2021 and March 2022. 

27. Defendants, NOMI HEALTH, INC., SB PORT VENTURES LLC, and MEDX 

STAFFING, INC., knowingly and willfully failed to pay Plaintiff at time and one-half of her

applicable regular rate of pay for all hours Plaintiff worked for Defendants in excess of Forty (40) 

per week during the three (3) year statute of limitations period between approximately July 2021 

and March 2022. 

28. At all times material to this Complaint, Defendants, NOMI HEALTH, INC., SB 

PORT VENTURES LLC, and MEDX STAFFING, INC., had constructive and actual notice that 

Defendants’ compensation practices did not provide HERRERIA with time and one-half wages 

for all of the actual overtime hours Plaintiff worked while in the position of Registered Nurse for

Defendants between approximately July 2021 and March 2022 based upon, inter alia, Defendants: 

(a) intentionally misclassifying Plaintiff as an independent contractor despite her being an 

employee as a matter of law as part of Defendants willfully avoiding their obligations to comply 

with applicable tax and wage & hour laws; and (b) knowingly failing to pay time and one-half 

wages for all of the actual hours worked in excess of Forty (40) hours per week by Plaintiff, and 

instead failing to pay time and one-half wages for the overtime hours that Defendants knew had 

been worked for the benefit of Defendants.

29. By reason of the said intentional, willful and unlawful acts of Defendants, NOMI 

HEALTH, INC., SB PORT VENTURES LLC, and MEDX STAFFING, INC., HERRERIA

suffered damages plus incurring costs and reasonable attorneys’ fees.

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30. Based upon information and belief, at all times material to this Complaint, 

Defendants, NOMI HEALTH, INC., SB PORT VENTURES LLC, and MEDX STAFFING, INC.,

did not have a good faith basis for their failure to pay time and one-half wages for all of the actual 

overtime hours worked by HERRERIA as an hourly Registered Nurse, as a result of which Plaintiff 

is entitled to the recovery of liquidated damages from Defendants pursuant to 29 U.S.C. §216(b). 

 31. HERRERIA has retained the undersigned counsel to represent her in this action, 

and pursuant to 29 U.S.C. §216(b), Plaintiff is entitled to recover from Defendants, NOMI 

HEALTH, INC., SB PORT VENTURES LLC, and MEDX STAFFING, INC., all reasonable 

attorneys’ fees and costs incurred as a result of Defendants’ violations of the FLSA. 

32. Plaintiff demands a jury trial.

WHEREFORE, Plaintiff, YEIMYS HERRERIA, demands judgment against Defendants, 

jointly and severally, NOMI HEALTH, INC., SB PORT VENTURES LLC, and MEDX 

STAFFING, INC., for the payment of all unpaid overtime compensation, liquidated damages, 

reasonable attorneys’ fees and costs of suit, and for all proper relief including prejudgment interest.

JURY TRIAL DEMAND

 Plaintiff demands trial by jury on all issues so triable.

Dated: September 30, 2022 Respectfully submitted, 

 

 By: KEITH M. STERN

 Keith M. Stern, Esquire 

 Florida Bar No. 321000 

 E-mail: employlaw@keithstern.com 

 LAW OFFICE OF KEITH M. STERN, P.A.

 80 S.W. 8th Street, Suite 2000 

 Miami, Florida 33130 

 Telephone: (305) 901-1379 

Attorneys for Plaintiff 

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