1

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO.:

JUSTIN PEDRO ESCALANTE,

 Plaintiff,

vs.

FITNESS INTERNATIONAL, LLC d/b/a 

LA FITNESS, a Foreign Limited Liability Company, 

 Defendant.

____________________________________________/

COMPLAINT

Plaintiff JUSTIN PEDRO ESCALANTE, (hereinafter “Plaintiff”) by and through his 

undersigned attorney hereby sues Defendant, FITNESS INTERNATIONAL, LLC d/b/a L.A 

FITNESS, a Foreign Limited Liability Company (hereinafter, "Defendant”), and states as follows:

JURISDICTION AND VENUE

1. This is an action for damages and other relief for unpaid wages and unpaid overtime

committed by Defendant pursuant to the Fair Labor Standards Act, 29 U.S.C. §§ 201, et seq. 

(hereinafter the “Fair Labor Standards Act”, the “FLSA” or the “Act”).

2. Jurisdiction is conferred upon this Court pursuant to 29 U.S.C. § 216(b), 28 U.S.C. § 1331, 

and 28 U.S.C. § 1367.

3. Venue is proper for the United States Court for the Southern District of Florida because 

Plaintiff was employed in the Southern District of Florida by Defendant, which at all material 

times conducted, and continues to conduct, business in the Southern District of Florida, and 

because the acts that give rise to Plaintiff’s claims occurred within the Southern District of 

Florida and because Defendant are subject to personal jurisdiction there.

Case 1:22-cv-23672-XXXX Document 1 Entered on FLSD Docket 11/08/2022 Page 1 of 8
2

4. Plaintiff at all times pertinent to this complaint resided within the Southern District of Florida. 

Plaintiff is over the age of eighteen and otherwise sui juris. 

PARTIES

5. During all times relevant to this Complaint, Plaintiff has been employed by Defendant since 

September 1, 2022, until Present as a club staff performing physical labor. Plaintiff was 

therefore an employee as defined by 29 U.S.C. § 203(e).

6. Defendant is a Foreign Limited Liability Company organized and registered to do business 

within Florida. Defendant had, at all times material hereto, conducted substantial and 

continuous business within the Southern District of Florida, and is subject to the laws of the 

United States and the State of Florida. Specifically, Plaintiff works at the Causeway Square 

location in North Miami, Florida. 

7. Defendant is an “employer” as defined by 29 U.S.C. § 203(d) and (s)(1), in that it has 

employees engaged in commerce or in the production of goods for commerce or that has 

employees handling, selling, or otherwise working on goods or materials that have been 

moved in or produced for commerce by any person.

8. Specifically, Defendant is a fitness center that have including but not limited to machines and 

equipment that have traveled across state lines. 

9. At all times material to this Complaint, has had two (2) or more employees who have regularly 

sold, handled, or otherwise worked on goods and/or material that have been moved in or 

produced for commerce such as but not limited to weighted strength training, power lifting 

equipment, and free weights.

10. Defendant upon knowledge and belief, has had gross revenue which exceeds $500,000 for 

each of the past three (3) years and utilizes goods in the flow of commerce across state lines.

Case 1:22-cv-23672-XXXX Document 1 Entered on FLSD Docket 11/08/2022 Page 2 of 8
3

11. All Defendant is an “employer” of Plaintiff as the term is defined under 29 U.S.C. § 203(d). 

12. All other conditions precedent to this action have been performed or have been waived.

GENERAL ALLEGATIONS

13. Plaintiff is a non-exempt employee of Defendant and is subject to the payroll practices and 

procedures set forth hereinafter, and who worked in excess of forty (40) hours during one of 

more workweeks within three (3) years of the filing of this complaint.

14. Plaintiff began working for Defendant on or about September 1, 2022, as a Club Staff. His 

primary duties are re-racking weights and other manual labor.

15. During the course of his employment, Plaintiff regularly works between 45-60 hours per 

workweek. Plaintiff earns $10/hour. However, Plaintiff was not compensated for any hours 

worked passed eight hours per work week. Additionally, Plaintiff was not compensated at the 

rate of time and half for some the hours worked over forty (40) in a workweek.

16. A review of the pay stubs in which Plaintiff has in his current possession, custody, and control 

reflect that Plaintiff was issued a company check claiming to compensate him for some hours 

worked in a particular pay period. 

17. At all times pertinent to this action, Defendant failed to comply with 29 U.S.C. §§ 201 – 219 

in that Plaintiff performs services for Defendant for which no provision was made to properly 

pay for those hours worked over forty (40) in a given workweek. 

18. During his employment, Plaintiff works between 45-60 hours per work week. However, 

Plaintiff was not properly compensated for most of the hours worked.

19. Plaintiff is paid for only the hours set on the schedule even though on a regular basis he stays 

longer. 

Case 1:22-cv-23672-XXXX Document 1 Entered on FLSD Docket 11/08/2022 Page 3 of 8
4

20. Plaintiff submits pictures to his manager Joseph Manuel Cruz (“Cruz”) every night. Cruz states 

Plaintiff when he is allowed to leave.

21. There are cameras in Defendant’s location, Cruz observes Plaintiff to make sure all the stations 

have been cleaned. 

22. Cruz is aware of all the hours that Plaintiff works. 

23. As a result, Plaintiff has not been paid the minimum applicable hourly wage rate as set forth 

under state and federal law for some of the hours worked during his employment. 

24. Defendant and representatives knew that Plaintiff was working overtime, and that Federal law 

requires employees to be compensated at time and one-half per hour for overtime pay.

25. Defendant maintained complete control over the hours Plaintiff works and the pay he receives. 

26. Plaintiff has retained the undersigned firm to prosecute this action on his behalf and has agreed 

to pay it a reasonable fee for its services.

27. Plaintiff is entitled to his reasonable attorneys’ fees and costs if he is the prevailing party in 

this action.

COUNT I

VIOLATION OF FLSA/OVERTIME

against FITNESS INTERNATIONAL LLC

28. Plaintiff, re-alleges and reaffirms paragraphs 1 through 27 as if fully set forth herein.

29. This action is brought by Plaintiff to recover from Defendant unpaid overtime compensation, 

as well as an additional amount as liquidated damages, costs, and reasonable attorney’s fees 

under the provisions of 29 U.S.C. § 201 et seq., 29 U.S.C. § 207, and § 448.01 Fla. Stat. et seq. 

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 

Case 1:22-cv-23672-XXXX Document 1 Entered on FLSD Docket 11/08/2022 Page 4 of 8
5

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.”

30. Since the commencement of Plaintiff’s employment Defendant has willfully violated the 

provisions of § 7 of the FLSA [29 U.S.C. § 207] by employing employees engaged in 

commerce for workweeks longer than forty (40) hours without compensating them for all hours 

worked in excess of forty (40) hours at a rate not less than one- and one-half times his regular 

rate.

31. Specifically, throughout his employment Plaintiff regularly works between 45-60 hours during 

each workweek but he was only paid for some of his overtime hours. 

32. 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 FLSA, 29 

U.S.C. § 203(r) and 203(s). Defendant’s business activities involve those to which the Fair 

Labor Standards Act applies. 

33. Specifically, Defendant is a fitness center that have including but not limited to machines and 

equipment that have traveled across state lines. 

34. Plaintiff was not exempted from the overtime provision of the Act pursuant to the provisions 

of the Act, 29 U.S.C. § 213(a), in that he was neither a bona fide executive, administrative, or 

professional employee. Plaintiff performed duties such as re-racking weights and did not have 

decision-making authority.

35. Defendant has knowingly and willfully failed to pay Plaintiff at time and one half of hisregular 

rate of pay for some hours worked in excess of forty (40) per week between the relevant time 

period.

Case 1:22-cv-23672-XXXX Document 1 Entered on FLSD Docket 11/08/2022 Page 5 of 8
6

36. By reason of the said intentional, willful, and unlawful acts of Defendant, Plaintiff has suffered 

damages plus incurring costs and reasonable attorneys' fees.

37. Plaintiff seeks to recover for unpaid wages accumulated within three (3) years of the filing of 

this complaint.

38. As a result of ’s willful violations of the Act, Plaintiff is entitled to liquidated damages.

39. Plaintiff has retained the undersigned counsel to represent him in this action, and pursuant to 

29 U.S.C. § 216(b), Plaintiff is entitled to recover all reasonable attorneys' fees and costs 

incurred in this action from.

WHEREFORE, Plaintiff respectfully prays for the following relief:

A. Adjudge and decree that Defendant has violated the FLSA and has done so willfully, 

intentionally and with reckless disregard for Plaintiff’s rights;

B. Award Plaintiff actual damages in the amount shown to be due for unpaid overtime 

compensation for hours worked in excess of forty (40) weekly, with interest; and

C. Award Plaintiff an equal amount in double damages/liquidated damages; and

D. Award Plaintiff the costs of this action, together with a reasonable attorneys' fees; and

E. Grant Plaintiff such additional relief as the Court deems just and proper under the 

circumstances.

COUNT II

VIOLATION OF FLSA/UNPAID WAGES

against FITNESS INTERNATIONAL LLC

40. Plaintiff, re-alleges and reaffirms paragraphs 1 through 27 as if fully set forth herein.

41. This action is brought by Plaintiff to recover from Defendant unpaid minimum wage 

compensation, as well as an additional amount as liquidated damages, costs, and reasonable 

attorney’s fees under the provisions of 29 U.S.C. § 201 et seq., 29 U.S.C. § 207.

Case 1:22-cv-23672-XXXX Document 1 Entered on FLSD Docket 11/08/2022 Page 6 of 8
7

42. At all times during his employment, the Plaintiff was an employee required to be paid a 

minimum hourly wage for every hour worked and entitled to receive those minimum hourly 

wages not later than the regularly established pay day.

43. Defendant violated the provisions of the FLSA, 29 U.S.C. § 206 and § 215(a)(2) by failing to 

timely pay Plaintiff at least a minimum hourly wage on the regularly scheduled pay date when 

wages were due.

44. Defendant knew or showed a reckless disregard for the provisions of the FLSA concerning the 

payment of minimum wages for all hours worked in respective pay periods, and accordingly 

remains owing the named Plaintiff, liquidated damages, based upon the unpaid minimum 

wages for the failure to pay even the required minimum hourly wage for every hour worked 

during each respective pay period during the three-year period preceding this lawsuit.

45. The Plaintiff incurred expenses and endured considerable hardships and damages as a result of 

being deprived of a minimum hourly wage when due as alleged.

46. By reason of the said intentional, willful, and unlawful acts of Defendant, Plaintiff has suffered 

damages plus incurring costs and reasonable attorneys' fees.

47. Plaintiff seeks to recover for unpaid wages accumulated during his employment.

48. Defendant never posted any notice, as required by the Fair Labor Standards Act and Federal 

Law, to inform employees of their federal rights.

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

damages.

50. Plaintiff has retained the undersigned counsel to represent him in this action, and pursuant to 

29 U.S.C. § 216(b), Plaintiff is entitled to recover all reasonable attorneys' fees and costs 

incurred in this action.

Case 1:22-cv-23672-XXXX Document 1 Entered on FLSD Docket 11/08/2022 Page 7 of 8
8

WHEREFORE, Plaintiff respectfully prays for the following relief:

A. Adjudge and decree that Defendant has violated the FLSA and has done so willfully, 

intentionally and with reckless disregard for Plaintiff’s rights;

B. Award Plaintiff actual damages in the amount shown to be due for unpaid minimum 

wage, with interest; and

C. Award Plaintiff an equal amount in double damages/liquidated damages; and

D. Award Plaintiff the costs of this action, together with a reasonable attorneys' fees; and

E. Grant Plaintiff such additional relief as the Court deems just and proper under the 

circumstances.

DEMAND FOR JURY TRIAL

Plaintiff, JUSTIN PEDRO ESCALANTE demands trial by jury on all issues and all counts of 

this Complaint so triable as a matter of right.

Dated: November 8, 2022 By: /s/Lisbetty Rozon

Nathaly Saavedra, Esq. 

Fla. Bar No. 118315

Email: nathaly@peregonza.com

Lisbetty Rozon, Esq. 

Fla. Bar No. 1039132

Email: lisbetty@peregonza.com

Juan J. Perez, Esq. 

Fla. Bar No. 115784

Email: juan@peregonza.com

PEREGONZA THE ATTORNEYS, PLLC 

5201 Blue Lagoon Drive, Suite 290

Miami, FL 33126

Tel. (786) 650-0202

Fax. (786) 650-0200

Case 1:22-cv-23672-XXXX Document 1 Entered on FLSD Docket 11/08/2022 Page 8 of 8