1 | Page

PERERA ALEMÁN, P.A.

12505 Orange Drive · Suite 908 · Davie, FL 33330 

2030 S Douglas Road · Suite 203 · Coral Gables, FL 33134

www.PBA-Law.com · Phone (786) 485.5232

IN THE UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

CASE NO. _________________ 

GUSTAVO GARCIA, 

and all others similarly situated under 

29 U.S.C. §216(b), 

 Plaintiff(s), 

vs. 

GREENE KLEEN OF SOUTH FLORIDA, INC., 

CIRA FIGUEROA, individually, and 

ANTHONY FIGUEROA, individually, 

 Defendants. 

__________________________________________/ 

COMPLAINT 

Collective Action Pursuant to 29 U.S.C. §216(b) 

 Plaintiff GUSTAVO GARCIA (“Plaintiff”), by and through undersigned 

counsel and on behalf of himself and all those similarly situated, hereby files this 

Complaint against GREENEE KLEEN OF SOUTH FLORIDA, INC. (“Greene 

Kleen”), CIRA FIGUEROA (“Cira”), individually, and ANTHONY FIGUEROA 

(“Anthony”), individually (collectively hereinafter “Defendants”) and alleges as 

follows: 

Introduction 

1. This is an action by Plaintiff against Defendants for damages in 

connection to claims for unpaid overtime wages pursuant to the Fair Labor 

Standards Act, 29 U.S.C. §§ 201 et seq. (“FLSA”). 

Case 1:22-cv-22306-JEM Document 1 Entered on FLSD Docket 07/22/2022 Page 1 of 16
2 | Page

PERERA ALEMÁN, PA

12505 Orange Drive · Suite 908 · Davie, FL 33330 

2030 S Douglas Road · Suite 203 · Coral Gables, FL 33134

www.PBA-Law.com · Phone (786) 485.5232

2. Plaintiff seeks money damages, reasonable attorneys’ fees and costs, 

and all other remedies, including injunctive relief, allowable by law.

Parties, Jurisdiction and Venue

3. Plaintiff is a former employee of Defendants and at all material times 

resided in Miami-Dade County, Florida. 

4. Defendant Greene Kleen, a for-profit corporation operating out of 

Miami-Dade County, Florida, was at all material times authorized to conduct its 

for-profit business in Florida and it is otherwise sui juris. 

5. Defendant Cira was at all times material hereto a co-owner and cooperator of the corporate Defendant for the relevant time period. Defendant Cira 

ran or otherwise oversaw the day-to-day operations of the corporate Defendant,

was involved in establishing the business of the corporate Defendant, had 

supervisory authority over Plaintiff, was partially or totally responsible for paying 

Plaintiff’s wages, and had the power to separate Plaintiff from his employment.

6. Defendant Anthony was at all times material hereto a co-owner and 

co-operator of the corporate Defendant for the relevant time period. Defendant 

Anthony ran or otherwise oversaw the day-to-day operations of the corporate 

Defendant, was involved in establishing the business of the corporate Defendant, 

had supervisory authority over Plaintiff, was partially or totally responsible for 

paying Plaintiff’s wages, and had the power to separate Plaintiff from his 

employment.

Case 1:22-cv-22306-JEM Document 1 Entered on FLSD Docket 07/22/2022 Page 2 of 16
3 | Page

PERERA ALEMÁN, PA

12505 Orange Drive · Suite 908 · Davie, FL 33330 

2030 S Douglas Road · Suite 203 · Coral Gables, FL 33134

www.PBA-Law.com · Phone (786) 485.5232

7. Defendants were Plaintiff’s direct employers, joint employers, and 

co-employers based on the running of the operation, financials, and control of 

employees like Plaintiff.

8. Venue is proper in this Court because Defendants transact business 

in this District, Defendants maintain a principal place of business in this 

District, Defendants employed Plaintiff in this District, and the claims arose 

within the District. 

9. All conditions precedent to this action have been satisfied by 

Plaintiff, waived by Defendants, or occurred. 

A. Plaintiff’s Employment With Defendants. 

10. Plaintiff began working for Defendants during 2019.

11. During the entirety of his employment with Defendants, Plaintiff

worked in a non-exempt maintenance position.

12. Plaintiff, at all material times, was paid an hourly rate of $11.50.

13. Plaintiff worked for Defendants until his separation on February 3, 

2022.

14. During his employment, Plaintiff solely worked for Defendants and 

no other entity or business.

15. During his employment, Plaintiff had to adhere to Defendants’ rules, 

policies, and procedures.

16. During his employment, Plaintiff’s schedules and working periods 

were set by Defendants.

Case 1:22-cv-22306-JEM Document 1 Entered on FLSD Docket 07/22/2022 Page 3 of 16
4 | Page

PERERA ALEMÁN, PA

12505 Orange Drive · Suite 908 · Davie, FL 33330 

2030 S Douglas Road · Suite 203 · Coral Gables, FL 33134

www.PBA-Law.com · Phone (786) 485.5232

17. During Plaintiff’s employment, he routinely worked beyond forty (40) 

hours per week but Defendants only paid Plaintiff overtime wages on two pay 

periods out of dozens and dozens of pay periods where overtime hours were 

worked.

B. Defendants’ Business and Interstate Commerce 

18. The primary purpose of Greene Kleen is to provide janitorial services 

to commercial clients.

19. Under information and belief, Plaintiff alleges that Greene Kleen’s 

gross annual revenue exceeded $500,000.00 during 2019, 2020, and 2021. 

20. Greene Kleen customarily and regularly bought and sold goods and 

services that crossed state lines. 

21. At all relevant times, Greene Kleen employed two or more employees 

that customarily, continually, and regularly handled goods and materials that i) 

were purchased from a person or entity outside the state of Florida and/or ii) 

were purchased in Florida but had previously traveled through interstate 

commerce. 

22. Upon information and belief, Greene Kleen obtained and solicited 

funds from non-Florida sources, accepted funds from non-Florida sources, used 

telephonic (or other electronic) transmissions going over state lines to do its 

business, transmitted funds outside the State of Florida, used electronic means 

to market and run their business in a way that was not limited to Florida, and 

otherwise regularly engaged in interstate commerce during the relevant period.

Case 1:22-cv-22306-JEM Document 1 Entered on FLSD Docket 07/22/2022 Page 4 of 16
5 | Page

PERERA ALEMÁN, PA

12505 Orange Drive · Suite 908 · Davie, FL 33330 

2030 S Douglas Road · Suite 203 · Coral Gables, FL 33134

www.PBA-Law.com · Phone (786) 485.5232

23. Greene Kleen, upon information and belief, accepts checks, wire 

transfers, and other forms of payments that are made or processed outside the 

state of Florida, and did so during the relevant period. 

24. Greene Kleen is an employer engaged in interstate commerce and 

subject to the FLSA. 

25. As such, Greene Kleen must be considered Plaintiff’s employer as 

the term employer is defined by 29 U.S.C. § 203. 

C. Cira and Anthony Figueroa’s Employment of, and Failure to Properly 

Pay, Plaintiff

26. During the relevant period, Cira was co-owner and co-operator of 

Defendant Greene Kleen. Defendant Cira holds herself out as a corporate office

of Greene Kleen on the corporate documents filed with the State of Florida.

27. During the relevant period, Anthony was co-owner and co-operator 

of Defendant Greene Kleen. Defendant Anthony holds herself out as the 

“President” of Greene Kleen on the corporate documents filed with the State of 

Florida.

28. During the relevant period, Cira and Anthony Figueroa was 

Plaintiff’s co-manager/supervisor during his employment.

29. During Plaintiff’s employment, Cira and Anthony Figueroa provided 

Plaintiff with his work duties, gave feedback on the work Plaintiff performed for 

Defendants, had the ability to discipline Plaintiff, were responsible for recording, 

calculating, and paying Plaintiff’s work hours.

Case 1:22-cv-22306-JEM Document 1 Entered on FLSD Docket 07/22/2022 Page 5 of 16
6 | Page

PERERA ALEMÁN, PA

12505 Orange Drive · Suite 908 · Davie, FL 33330 

2030 S Douglas Road · Suite 203 · Coral Gables, FL 33134

www.PBA-Law.com · Phone (786) 485.5232

30. During the relevant period, Cira and Anthony Figueroa was in 

control of the finances that were utilized to pay Plaintiff’s wages and had the 

responsibility, in full or in part, of ensuring those wages were paid timely and 

correctly. 

31. Cira and Anthony Figueroa, despite knowledge of Plaintiff’s overtime 

hours, failed to compensate Plaintiff fully and properly.

32. Cira and Anthony Figueroa intentionally refused to pay Plaintiff 

overtime wages he was owed under the.

33. Cira and Anthony Figueroa must be considered Plaintiff’s employers, 

joint employers, or co-employers for purposes of the FLSA as the term employer 

is defined by 29 U.S.C. § 203. 

D. Defendants' Illegal Payment Practices Affected All Other Similarly 

Situated Employees. 

34. Defendants employ many other Maintenance Workers that 

performed duties in the same or similar fashion as Plaintiff.

35. Defendants employ many other Maintenance Workers that were paid 

in a same or similar fashion as Plaintiff.

36. Defendants employ many other Maintenance Workers that 

customarily and regularly performed overtime work for which they were not 

compensated fully. 

37. Maintenance Workers for Defendants have worked over forty (40) 

hours a week during the last three (3) years without being paid at a proper timeand-a-half their regular rate of pay for all overtime hours worked. 

Case 1:22-cv-22306-JEM Document 1 Entered on FLSD Docket 07/22/2022 Page 6 of 16
7 | Page

PERERA ALEMÁN, PA

12505 Orange Drive · Suite 908 · Davie, FL 33330 

2030 S Douglas Road · Suite 203 · Coral Gables, FL 33134

www.PBA-Law.com · Phone (786) 485.5232

COUNT I 

OVERTIME VIOLATION BY GREENE KLEEN OF SOUTH FLORIDA, INC. 

UNDER THE FAIR LABOR STANDARDS ACT 

38. Plaintiff re-alleges and incorporates by reference the allegations in 

paragraphs 1 through 37 above as if fully set forth herein. 

39. As part of its business, Greene Kleen purchased goods and materials 

that traveled through interstate commerce. 

40. These goods and materials were customarily, continually, and 

regularly handled by two or more employees, including Plaintiff. 

41. Upon information and belief, Greene Kleen obtained and solicited 

funds from non-Florida sources, accepted funds from non-Florida sources, used 

telephonic transmissions going over state lines to do its business, transmitted 

funds outside the State of Florida, used electronic means to market and run its 

business in a way that was not limited to Florida, and otherwise regularly 

engaged in interstate commerce during the relevant period. 

42. Greene Kleen, upon information and belief, accepted credit card 

payments, wire transfers, and other forms of payments made or processed 

outside the state of Florida during the relevant time period. 

43. During his employment with Greene Kleen, Plaintiff worked overtime 

hours for which he was not compensated at a rate of no less than one-and-onehalf his regular rate of pay as required by the FLSA. 

44. Greene Kleen did not properly compensate Plaintiff for his overtime 

despite knowledge of the overtime hours Plaintiff worked.

Case 1:22-cv-22306-JEM Document 1 Entered on FLSD Docket 07/22/2022 Page 7 of 16
8 | Page

PERERA ALEMÁN, PA

12505 Orange Drive · Suite 908 · Davie, FL 33330 

2030 S Douglas Road · Suite 203 · Coral Gables, FL 33134

www.PBA-Law.com · Phone (786) 485.5232

45. Plaintiff is owed unpaid overtime compensation pursuant to the 

FLSA. 

46. In addition, Greene Kleen is liable for double the overtime amounts 

owed as liquidated damages under the FLSA as a result of its intentional and 

willful violations for up to the three-year statute of limitations afforded by the 

FLSA. 

WHEREFORE, Plaintiff respectfully requests that the Court: 

a. Enter judgment for Plaintiff against Greene Kleen under the FLSA;

b. Award Plaintiff actual damages for the unpaid overtime wages;

c. Award Plaintiff liquidated damages; 

d. Award Plaintiff his attorneys’ fees and costs; 

e. Award Plaintiff all recoverable interest; and 

f. Award any other relief this Honorable Court deems just and proper. 

COUNT II 

OVERTIME VIOLATIONS AGAINST CIRA FIGUEROA UNDER 

THE FAIR LABOR STANDARDS ACT 

47. Plaintiff re-alleges and incorporates by reference the allegations in 

paragraphs 1 through 37 above as if fully set forth herein. 

48. Cira operated the day-to-day activities of Defendants’ business, had 

supervisory authority over Plaintiff, had control/access to Plaintiff’s records for 

work hours, and was partially or totally responsible for paying Plaintiff’s wages. 

Case 1:22-cv-22306-JEM Document 1 Entered on FLSD Docket 07/22/2022 Page 8 of 16
9 | Page

PERERA ALEMÁN, PA

12505 Orange Drive · Suite 908 · Davie, FL 33330

2030 S Douglas Road · Suite 203 · Coral Gables, FL 33134

www.PBA-Law.com · Phone (786) 485.5232

49. Cira scrutinized Plaintiff’s work and controlled how Plaintiff did his 

job.

50. During Plaintiff’s employment with Defendants, Plaintiff worked for 

Defendants over 40 hours per week. 

51. During his employment with Defendants, Plaintiff worked overtime 

hours for which he was not compensated at a rate of no less than one-and-onehalf his regular rate of pay as required by the FLSA.

52. Plaintiff is owed unpaid overtime compensation pursuant to the 

FLSA. 

53. Cira did not compensate Plaintiff for his overtime despite her

knowledge of the overtime hours Plaintiff worked and Plaintiff’s multiple 

complaints to her regarding the lack of overtime wages.

54. Cira is also jointly and severally liable for double the overtime 

amounts owed as liquidated damages under the FLSA as a result of her

intentional and willful violation of the FLSA for up to the three-year statute of 

limitations afforded by the FLSA. 

WHEREFORE, Plaintiff respectfully requests that the Court: 

a. Enter judgment for Plaintiff against Cira under the FLSA;

b. Award Plaintiff actual damages for the unpaid wages;

c. Award Plaintiff liquidated damages; 

d. Award Plaintiff his attorneys’ fees and costs;

e. Award Plaintiff all recoverable interest; and

Case 1:22-cv-22306-JEM Document 1 Entered on FLSD Docket 07/22/2022 Page 9 of 16
10 | Page

PERERA ALEMÁN, PA

12505 Orange Drive · Suite 908 · Davie, FL 33330 

2030 S Douglas Road · Suite 203 · Coral Gables, FL 33134

www.PBA-Law.com · Phone (786) 485.5232

f. Award any other relief this Honorable Court deems just and proper. 

COUNT III 

OVERTIME VIOLATIONS AGAINST ANTHONY FIGUEROA UNDER 

THE FAIR LABOR STANDARDS ACT 

55. Plaintiff re-alleges and incorporates by reference the allegations in 

paragraphs 1 through 37 above as if fully set forth herein. 

56. Anthony operated the day-to-day activities of Defendants’ business, 

had control/access to Plaintiff’s records for work hours, and was partially or 

totally responsible for paying Plaintiff’s wages. 

57. Anthony scrutinized Plaintiff’s wages and controlled the method and 

the amounts Plaintiff was paid for his job.

58. During Plaintiff’s employment with Defendants, Plaintiff worked for 

Defendants over 40 hours per week. 

59. During his employment with Defendants, Plaintiff worked overtime 

hours for which he was not compensated at a rate of no less than one-and-onehalf his regular rate of pay as required by the FLSA. 

60. Plaintiff is owed unpaid overtime compensation pursuant to the 

FLSA. 

61. Anthony did not compensate Plaintiff for his overtime despite his 

knowledge of the overtime hours Plaintiff worked.

62. Anthony is also jointly and severally liable for double the overtime 

amounts owed as liquidated damages under the FLSA as a result of his 

Case 1:22-cv-22306-JEM Document 1 Entered on FLSD Docket 07/22/2022 Page 10 of 16
11 | Page

PERERA ALEMÁN, PA

12505 Orange Drive · Suite 908 · Davie, FL 33330 

2030 S Douglas Road · Suite 203 · Coral Gables, FL 33134

www.PBA-Law.com · Phone (786) 485.5232

intentional and willful violation of the FLSA for up to the three-year statute of 

limitations afforded by the FLSA. 

WHEREFORE, Plaintiff respectfully requests that the Court: 

a. Enter judgment for Plaintiff against Anthony under the FLSA;

b. Award Plaintiff actual damages for the unpaid wages;

c. Award Plaintiff liquidated damages; 

d. Award Plaintiff his attorneys’ fees and costs; 

e. Award Plaintiff all recoverable interest; and 

f. Award any other relief this Honorable Court deems just and proper. 

COUNT IV 

COLLECTIVE ACTION AGAINST GREENE KLEEN OF SOUTH FLORIDA, INC. 

FOR UNPAID OVERTIME WAGES UNDER THE FLSA

63. Plaintiff re-alleges and incorporate by reference the allegations in 

paragraphs 1 through 37 above as if fully set forth herein.

64. Greene Kleen’s pattern and practice of depriving workers of 

overtime compensation required by the FLSA extended to all Maintenance 

Workers. 

65. Maintenance Workers throughout have all been subject to the very 

same unlawful payment practices as Plaintiff. 

66. Greene Kleen employed dozens other Maintenance Workers during 

the relevant period. 

Case 1:22-cv-22306-JEM Document 1 Entered on FLSD Docket 07/22/2022 Page 11 of 16
12 | Page

PERERA ALEMÁN, PA

12505 Orange Drive · Suite 908 · Davie, FL 33330 

2030 S Douglas Road · Suite 203 · Coral Gables, FL 33134

www.PBA-Law.com · Phone (786) 485.5232

67. Maintenance Workers for Greene Kleen have worked over forty (40) 

hours a week during the last three (3) years without being paid at time-and-ahalf their regular rate of pay for the overtime hours worked. 

68. Other similarly situated Maintenance Workers of Greene Kleen were 

also deprived overtime compensation at a rate of time-and-a-half their regularly 

rate of pay as required by the FLSA. 

WHEREFORE, Plaintiff respectfully requests that the Court: 

a. Enter an order certifying this case as a collective action; 

b. Enter judgment against Greene Kleen under the FLSA;

c. Award all similarly situated opt-in plaintiffs actual damages for the 

unpaid wages;

d. Award all similarly situated opt-in plaintiffs liquidated damages; 

e. Award attorneys’ fees and costs; 

f. Award all recoverable interest; and 

g. Award any other relief this Honorable Court deems just and 

proper. 

COUNT V 

COLLECTIVE ACTION AGAINST CIRA FIGUEROA FOR UNPAID OVERTIME 

WAGES UNDER THE FLSA 

69. Plaintiff re-alleges and incorporates by reference the allegations in 

paragraphs 1 through 37 above as if fully set forth herein.

70. Cira operated the day-to-day activities of Defendants’ business, had 

supervisory authority over Maintenance Workers, had control/access to records 

Case 1:22-cv-22306-JEM Document 1 Entered on FLSD Docket 07/22/2022 Page 12 of 16
13 | Page

PERERA ALEMÁN, PA

12505 Orange Drive · Suite 908 · Davie, FL 33330

2030 S Douglas Road · Suite 203 · Coral Gables, FL 33134

www.PBA-Law.com · Phone (786) 485.5232

for work hours and pay, and was partially or totally responsible for paying 

Maintenance Workers during the relevant period. 

71. Cira scrutinized the work of Maintenance Workers during the 

relevant period and controlled how they did their jobs.

72. During the relevant period, Maintenance Workers consistently 

worked over 40 hours per week for Defendants. 

73. During their employment with Defendants, Maintenance Workers

worked overtime hours for which they were not compensated at a rate of timeand-a-half their regularly rate of pay as required by the FLSA. 

74. Maintenance Workers are owed unpaid overtime compensation 

pursuant to the FLSA. 

75. Cira did not compensate Maintenance Workers for their overtime 

despite knowledge of the overtime hours these Maintenance Workers worked.

76. Cira is also jointly and severally liable for double the overtime 

amounts owed as liquidated damages under the FLSA as a result of her

intentional and willful violation of the FLSA for up to the three-year statute of 

limitations afforded by the FLSA. 

WHEREFORE, Plaintiff respectfully requests that the Court: 

a. Enter judgment for Maintenance Workers against Cira under the 

FLSA;

b. Award Maintenance Workers actual damages for the unpaid 

overtime wages;

Case 1:22-cv-22306-JEM Document 1 Entered on FLSD Docket 07/22/2022 Page 13 of 16
14 | Page

PERERA ALEMÁN, PA

12505 Orange Drive · Suite 908 · Davie, FL 33330 

2030 S Douglas Road · Suite 203 · Coral Gables, FL 33134

www.PBA-Law.com · Phone (786) 485.5232

c. Award Maintenance Workers liquidated damages; 

d. Award attorneys’ fees and costs; 

e. Award all recoverable interest; and 

f. Award any other relief this Honorable Court deems just and proper. 

COUNT VI 

COLLECTIVE ACTION AGAINST ANTHONY FIGUEROA FOR UNPAID 

OVERTIME WAGES UNDER THE FLSA 

77. Plaintiff re-allege and incorporate by reference the allegations in 

paragraphs 1 through 37 above as if fully set forth herein.

78. Anthony operated the day-to-day activities of Defendants’ business, 

had supervisory authority over Maintenance Workers, had control/access to 

records for work hours and pay, and was partially or totally responsible for 

paying Maintenance Workers during the relevant period. 

79. Anthony scrutinized the work of Maintenance Workers during the 

relevant period and controlled how they did their jobs.

80. During the relevant period, Maintenance Workers consistently 

worked over 40 hours per week for Defendants. 

81. During their employment with Defendants, Maintenance Workers

worked overtime hours for which they were not compensated at a rate of timeand-a-half their regularly rate of pay as required by the FLSA. 

82. Maintenance Workers are owed unpaid overtime compensation 

pursuant to the FLSA. 

Case 1:22-cv-22306-JEM Document 1 Entered on FLSD Docket 07/22/2022 Page 14 of 16
15 | Page

PERERA ALEMÁN, PA

12505 Orange Drive · Suite 908 · Davie, FL 33330 

2030 S Douglas Road · Suite 203 · Coral Gables, FL 33134

www.PBA-Law.com · Phone (786) 485.5232

83. Anthony did not compensate Maintenance Workers for their 

overtime despite knowledge of the overtime hours the Maintenance Workers

worked.

84. Anthony is also jointly and severally liable for double the overtime 

amounts owed as liquidated damages under the FLSA as a result of his 

intentional and willful violation of the FLSA for up to the three-year statute of 

limitations afforded by the FLSA. 

WHEREFORE, Plaintiff respectfully requests that the Court: 

a. Enter judgment for Maintenance Workers against Anthony under 

the FLSA;

b. Award Maintenance Workers actual damages for the unpaid 

overtime wages;

c. Award Maintenance Workers liquidated damages; 

d. Award attorneys’ fees and costs; 

e. Award all recoverable interest; and 

f. Award any other relief this Honorable Court deems just and proper. 

JURY TRIAL 

Plaintiff hereby requests a trial by jury with respect to all claims so triable. 

Dated: July 22, 2022 

Respectfully submitted, 

/s/ J. Freddy Perera

J. Freddy Perera, Esq. 

Case 1:22-cv-22306-JEM Document 1 Entered on FLSD Docket 07/22/2022 Page 15 of 16
16 | Page

PERERA ALEMÁN, PA

12505 Orange Drive · Suite 908 · Davie, FL 33330

2030 S Douglas Road · Suite 203 · Coral Gables, FL 33134

www.PBA-Law.com · Phone (786) 485.5232

Florida Bar No. 93625

freddy@pba-law.com

Brody M. Shulman, Esq.

Florida Bar No. 92044

brody@pba-law.com

PERERA ALEMÁN, P.A.

12505 Orange Drive

Suite 908

Davie, Florida 33330

Phone: 786.485.5232

Attorneys for Plaintiff

Case 1:22-cv-22306-JEM Document 1 Entered on FLSD Docket 07/22/2022 Page 16 of 16