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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

CASE NO.:

Alcides Vargas 

and other similarly situated individuals,

Plaintiff(s),

v. 

 

Neighborhood Housing Services

of South Florida, Inc.

 Defendant, 

_________________________________/ 

COLLECTIVE ACTION COMPLAINT

(OPT-IN PURSUANT TO 29 USC § 216(b))

Comes now the Plaintiff Alcides Vargas and other similarly situated individuals, by and 

through the undersigned counsel, and hereby sue Neighborhood Housing Services Of South 

Florida, Inc., and alleges:

Jurisdiction Venues and Parties 

1. This is an action to recover money damages for unpaid half-time overtime wages under the 

United States laws. This Court has jurisdiction pursuant to the Fair Labor Standards Act, 29 

USC § 201-219 (Section 216 for jurisdictional placement) ("the Act"). 

2. Plaintiff Alcides Vargas is a resident of Miami-Dade County, Florida, within the jurisdiction 

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

3. Defendant Neighborhood Housing Services Of South Florida, Inc. (from now on, NHSSF, or 

Defendant) is a Florida Not For Profit Corporation performing business in Dade County, 

Florida. 

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4. At all times material, Defendant was and is engaged in interstate commerce. It was the 

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

"Fair Labor Standards Act" [29 USC § 203(d)].

5. All the actions raised in this complaint took place in Miami-Dade County, Florida, within this 

Court's jurisdiction. 

General Allegations

6. This cause of action is brought by Plaintiff Alcides Vargas as a collective action to recover 

from Defendant overtime compensation, liquidated damages, costs, and reasonable attorney's 

fees under the provisions of the Fair Labor Standards Act, as amended, 29 USC § 201 et seq

(the "FLA or the "ACT") on behalf of Plaintiff and all other current and former employees 

similarly situated to Plaintiff ("the asserted class") and who worked more than forty (40) hours 

during one or more weeks on or after July 2021, (the "material time") without being adequately 

compensated. 

7. Defendant Neighborhood Housing Services Of South Florida, Inc. or NHSSF, is a Non-Profit 

Company dedicated to assisting first-time buyers with homebuyer education, financial 

capability, and homeownership Counseling services. NHSSF is also a full-service mortgage 

broker company performing regular Real Estate Loans. Defendant generates revenue offering 

FHA Loans, VA loans, USDA loans, Conventional Loans, Non-qualified loans, Reverse 

Mortgages, and Commercial Loans. 

8. Plaintiff worked at NHSSF's facilities located at 300 NW 12th Avenue, Miami, Florida 33128. 

9. Defendant NHSSF employed Plaintiff Alcides Vargas as a non-exempted, full-time, salaried

employee from approximately July 16, 202, to May 25, 2022, or 45 weeks. 

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10. Plaintiff had duties as a mortgage loan originator. Plaintiff worked under the supervision of 

the CFO, John Pantoja.

11. Plaintiff was paid a salary of approximately $65,000.00 annually, or $1,250.00 weekly. 

12. While employed by Defendant, Plaintiff had a regular schedule, and he worked five days per 

week. From Monday to Friday, Plaintiff worked at the office from 9:00 AM to 6:00 PM (9

hours each day), or 45 hours weekly.

13. Plaintiff did not take bonafide lunch hours, and he ate while working. However, Defendant 

improperly deducted 1 hour or 5 hours weekly as lunchtime taken. These five hours constitute 

5 unpaid overtime hours weekly.

14. Furthermore, at home, Plaintiff worked from Monday to Friday a minimum of 2 hours daily, 

or 10 hours weekly. Plaintiff worked completing and processing mortgage applications and 

mortgage-related paperwork. 

15. These hours constitute 10 off-the-clock overtime hours that never were paid to Plaintiff at any 

rate, not even at the minimum wage rate.

16. Plaintiff worked a total of 55 hours weekly, but he was paid not paid for overtime hours as 

established by law.

17. Plaintiff is claiming a total of 15 unpaid overtime hours weekly for every week that he worked 

for Defendant. 

18. Plaintiff did not clock in and out, but he signed time sheets. Defendant knew about the number 

of hours that Plaintiff was working. Defendant was in complete control of Plaintiff's activities 

and required Plaintiff to complete work at home. Thus, Defendant knew about the off-theclock hours worked by Plaintiff.

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19. Therefore, Defendant willfully failed to pay Plaintiff overtime hours at the rate of time and 

one-half his regular rate for every hour that he worked over forty (40), in violation of Section 

7 (a) of the Fair Labor Standards Act of 1938 (29 USC 207(a)(1).

20. Plaintiff was paid bi-weekly by direct deposits with paystubs that did not show the actual 

number of hours worked. 

21. On or about May 25, 2022, Defendant fired Plaintiff for discriminatory reasons. Defendant 

used pretextual reasons. Plaintiff is in the process of filing his Charge of Discrimination with 

the U.S. Equal Opportunity Commission (EEOC). 

22. Plaintiff Alcides Vargas intends to recover half-time overtime, for every hour worked over 40 

weekly, during his entire period of employment with Defendant, liquidated damages, and any 

other relief as allowable by law. 

Collective Action Allegations

23. Plaintiff brings this action pursuant to the Fair Labor Standards Act, 29 USC §§201, et seq.

("the Act"). Section 216 (b) for jurisdictional placement).

24. Plaintiff contends that Defendant, in this case, violated the Fair Labor Standards Act by failing 

to pay Plaintiff and other similarly situated individuals the proper compensation for overtime 

hours worked at the rate of time and one-half his regular rate.

25. This action is intended to include any mortgage loan originator and similarly situated 

individuals who worked for Defendant at any time during the past three (3) years. 

COUNT I:

WAGE AND HOUR FEDERAL STATUTORY VIOLATION;

FAILURE TO PAY OVERTIME

26. Plaintiff Alcides Vargas re-adopts every factual allegation stated in paragraphs 1-25 above as 

if set out in full herein. 

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27. Defendant NHSSF was and is engaged in interstate commerce as defined in §§ 3 (r) and 3(s) 

of the Act, 29 USC § 203(r) and 203(s)(1)(A). Defendant is a non-profit organization and a 

mortgage broker company and had more than two employees recurrently engaged in commerce 

or the production of goods for commerce by regularly and recurrently using the 

instrumentalities of interstate commerce to accept and solicit funds from non-Florida sources; 

by using electronic devices to authorize credit card transactions by ordering products and 

supplies produced out of State. Upon information and belief, the annual gross revenue of the 

Employer/Defendant was always more than $500,000 per annum. Therefore, there is FLSA

enterprise coverage.

28. Plaintiff and those similarly situated were employed by an enterprise engaged in interstate 

commerce. Plaintiff was a mortgage loan originator working with government agencies and 

interstate financing organizations. Therefore, there is individual coverage.

29. Defendant NHSSF employed Plaintiff Alcides Vargas as a non-exempted, full-time, salaried 

employee from approximately July 16, 202, to May 25, 2022, or 45 weeks. 

30. Plaintiff had duties as a mortgage loan originator. Plaintiff worked under the supervision of 

the CFO, John Pantoja.

31. Plaintiff was paid a salary of approximately $65,000.00 annually, or $1,250.00 weekly. 

32. While employed by Defendant, Plaintiff had a regular schedule, and he worked at the office 

five days per week from Monday to Friday, a total of 45 hours.

33. Plaintiff did not take bonafide lunch hours, and he ate while working. However, Defendant 

improperly deducted 1 hour daily or 5 hours weekly as lunchtime taken. These five hours 

constitute 5 unpaid overtime hours weekly.

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34. Furthermore, at home, Plaintiff worked from Monday to Friday a minimum of 2 hours daily, 

or 10 hours weekly. Plaintiff worked completing and processing mortgage applications and 

mortgage-related paperwork. 

35. These hours constitute 10 off-the-clock overtime hours that never were paid to Plaintiff at any 

rate, not even at the minimum wage rate.

36. Plaintiff worked a total of 55 hours weekly, but he was paid not paid for overtime hours as 

established by law.

37. Plaintiff is claiming a total of 15 unpaid overtime hours weekly for every week that he worked 

for Defendant. 

38. Plaintiff did not clock in and out, but he signed time sheets. Defendant knew about the number 

of hours that Plaintiff was working. Defendant was in complete control of Plaintiff's activities 

and required Plaintiff to complete work at home. Thus, Defendant knew about the off-theclock hours worked by Plaintiff.

39. Therefore, Defendant willfully failed to pay Plaintiff overtime hours at the rate of time and 

one-half his regular rate for every hour that he worked over forty (40), in violation of Section 

7 (a) of the Fair Labor Standards Act of 1938 (29 USC 207(a)(1).

40. Plaintiff was paid bi-weekly by direct deposits with paystubs that did not show the actual 

number of hours worked. 

41. The records, if any, concerning the number of hours worked by Plaintiff and those similarly 

situated, and the compensation paid to such employees should be in the possession and custody 

of Defendant. However, Defendant did not maintain accurate time records of hours worked by 

Plaintiff and other employees upon information and belief. Defendant violated the recordkeeping requirements of FLSA, 29 CFR Part 516.

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42. Upon information and belief, Defendant never posted any notice, as required by the Fair Labor 

Standards Act and Federal Law, to inform employees of their Federal rights to overtime and 

minimum wage payments. Accordingly, Defendant violated the Posting requirements of 29 

USC § 516.4. 

43. Plaintiff is not in possession of time and payment records, but he will provide a reasonable 

good faith estimate based on hisrecollections and to the best of his knowledge. After discovery, 

Plaintiff will amend his statement of claim accordingly.

a. Total amount of alleged unpaid O/T wages: 

Seven Thousand Six Hundred Seventy-Four Dollars and 45/100 ($7,674.75) 

b. Calculation of such wages: 

Total period of employment: 45 weeks 

Relevant weeks of employment: 45 weeks

Total hours worked: 55 hours weekly 

Total O/T hours worked: 15 O/T hours 

Salary: $1,250.00: 55 hours worked=$22.73 

Reg. rate: $22.73 x 1.5=$34.10 O/T rate-$22.73 O/T rate paid=$11.37 

Half-time O/T: $12.17 

$11.37 x 15 O/T hours= $170.55 weekly x 45 weeks= $7,674.75 

c. Nature of wages (e.g., overtime or straight time):

 This amount represents unpaid half-time overtime wages.

44. At all times, material hereto, the Employer/Defendant failed to comply with Title 29 USC §207 

(a) (1). In that, Plaintiff and those similarly situated performed services and worked more than

the maximum hours provided by the Act. Still, Defendant made no provision to properly pay 

them at the rate of time and one-half for all hours worked over forty hours (40) per workweek 

as provided in said Act. 

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45. Defendant knew and showed reckless disregard of the provisions of the Act concerning the 

payment of overtime wages as required by the Fair Labor Standards Act and remains owing 

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

Plaintiff's employment with Defendant as set forth above, and Plaintiff and those similarly 

situated are entitled to recover double damages. 

46. Defendant NHSSF willfully and intentionally refused to pay Plaintiff overtime wages at the 

rate of time and one-half his regular rate, as required by the law of the United States, and 

remains owing Plaintiff these overtime wages since the commencement of Plaintiff's 

employment with Defendant as set forth above. 

47. Plaintiff has retained the law offices of the undersigned attorney to represent him in this action 

and is obligated to pay a reasonable attorney's fee. 

Prayer for Relief

Wherefore, Plaintiff Alcides Vargas and those similarly situated respectfully request that this 

Honorable Court: 

A. Enter judgment for Plaintiff Alcides Vargas and other similarly situated individuals and against 

Defendant NHSSF based on Defendant's willful violations of the Fair Labor Standards Act, 29 

USC § 201 et seq.; and 

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

overtime compensation for hours worked in excess of forty weekly, with interest; and

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

D. Award Plaintiff reasonable attorney's fees and costs of suit; and 

E. Grant such other and further relief as this Court deems equitable and just and/or available 

pursuant to Federal Law. 

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Demand for a Jury Trial

Plaintiff Alcides Vargas demands a trial by a jury of all issues triable as a right by a jury. 

Dated: September 15, 2022

 Respectfully submitted, 

 By: _/s/ Zandro E. Palma____ 

 ZANDRO E. PALMA, P.A.

 Florida Bar No.: 0024031 

 9100 S. Dadeland Blvd. 

 Suite 1500 

 Miami, FL 33156 

 Telephone: (305) 446-1500 

 Facsimile: (305) 446-1502 

 zep@thepalmalawgroup.com 

 Attorney for Plaintiff 

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