UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

FORT LAUDERDALE DIVISION

CASE NO. 

FRANCOISE H. THOMPSON,

Plaintiff,

vs.

MARGARITA IBANEZ DE SENDADIANO,

Defendant.

__________________________________________/

C O M P L A I N T

COMES NOW, the Plaintiff, FRANCOISEH.THOMPSON, byand through her undersigned

attorneys, and herebysues the Defendant, MARGARITAIBANEZDESENDADIANO, and alleges:

1. Plaintiff, FRANCOISE H. THOMPSON (hereinafter referred to as “Plaintiff”), was

an employee of Defendant, MARGARITA IBANEZ DE SENDADIANO, and brings this action on

behalf of herself and other employees and former employees of Defendants similarly situated to her

for overtime compensation and other relief under the Fair Labor Standards Act, as amended,

29 U.S.C. § 216(b). Plaintiff performed manual and other nonexempt duties and related activities

in Broward County, Florida.

2. Defendant, MARGARITA IBANEZ DE SENDADIANO, is sui juris and a resident

of Miami-Dade County, Florida.

3. At all times material hereto, Plaintiff was and is a resident of Miami-Dade County,

Florida.

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4. Defendant hired Plaintiff, who is a certified nursing assistant, to perform the

following tasks:

a. prepare three meals a day;

b. clean all dishes;

c. bathe her parents Antonio de Sendadiano and Betty de Sendadiano;

d. administer medications;

e. assist with toileting;

f. clean the house, sweep and mop the house;

g. change bed sheets;

h. launder clothes;

i. assist with makeup on Betty de Sendadiano;

j. change clothes of both Antonio de Sendadiano and Betty de Sendadiano;

k. play games with both Antonio de Sendadiano and Betty de Sendadiano; and

l. maintain and water plants and trees inside and outside of residence.

5. At all times material hereto, Defendant, MARGARITA IBANEZ DE

SENDADIANO, was granted power of attorney of the person and property of both of her parents

Antonio de Sendadiano and Betty de Sendadiano and Defendant regularly exercised the authority

to hire and fire employees, determine the work schedules of employees, set the rate of pay of

employees, and/or control the finances and operations of her aforementioned parents and did, in fact,

direct all work activities of Plaintiff. By virtue of such control and authority, Defendant

MARGARITA IBANEZ DE SENDADIANO, is an employer as such term is defined by the FLSA,

29 U.S.C. §§ 201, et seq.

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6. This action is brought to recover from Defendant overtime compensation, liquidated

damages, and the costs and reasonable attorney’s fees under the provisions of Title 29 U.S.C.

§ 216(b) (hereinafter referred to as the “Act”). 

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

§ 216(b). 

8. Plaintiff’s employment with Defendant, MARGARITA IBANEZ DE

SENDADIANO, provided for compensation at the rate of $1,000.00 per week. Plaintiff regularly

worked 52 plus hours per week during the initial five months of her employment with Defendant. 

In the final eight weeks of her employment with Defendant, Plaintiff worked 76 hours per week. 

Defendant’s violations include failure to pay Plaintiff time and one half wages for hours worked in

excess of forty (40) within a workweek.

COUNT I: LIABILITY AGAINST

MARGARITA IBANEZ DE SENDADIANO, INDIVIDUALLY

9. Plaintiff realleges each and every allegation contained in Paragraphs 1 through 8,

above, as if same were more fully set forth herein.

10. Plaintiff is entitled to be paid time and one-half of her regular rate of pay for each

hour worked in excess of forty (40) hours per week during her employment with Defendant within

the three (3) year statute of limitations period between approximately September 1, 2021 and

February 11, 2022.

11. Defendant knowingly and willfully failed to pay Plaintiff at time and one-half of her

regular rate of pay for all hours worked in excess of forty (40) hours per week.

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12. By reason of the said intentional, willful, and unlawful acts of the Defendant, the

Plaintiff has suffered damages plus she has incurred costs and reasonable attorney’s fees.

13. As a result of Defendant’s willful violations of the Act, the Plaintiff is entitled to

liquidated damages.

14. Plaintiff 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 all reasonable attorney’s fees and costs

incurred in this action from the Defendant.

WHEREFORE, Plaintiff, FRANCOISE H. THOMPSON, demands judgment against the

Defendant, MARGARITA IBANEZ DE SENDADIANO, for the payment of all overtime hours at

one and one half her regular rate of pay due her for the hours worked by her for which she has not

been properly compensated, liquidated damages, reasonable attorney’s fees and costs of suit, and for

all proper relief including prejudgment interest under the Fair Labor Standards Act 29 U.S.C.

§ 216(b) et seq.

DEMAND FOR JURY TRIAL

Plaintiff requests a trial by jury on all of the issues so triable by law.

Respectfully submitted,

CHRISTOPHER J. RUSH & ASSOCIATES, P.A.

Attorneys for Plaintiff

Compson Financial Center, Suite 227

1880 North Congress Avenue

Boynton Beach, FL 33426

561-369-3331

561-369-5902 (fax)

E-mail: crush@crushlawfl.com

E-mail: eservice@crushlawfl.com

By /s/ Christopher J. Rush 

Christopher J. Rush (FBN 621706)

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