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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. ________________ 

MANUEL IZQUIERDO CADERO, 

and all others similarly situated 

under 29 U.S.C. §216(b), 

 Plaintiff, 

vs. 

CAPITOL SECURITY SERVICES INC, 

a Florida profit corporation, 

SECURITY SERVICES OF AMERICA, INC., 

a Florida profit corporation, 

MANUEL LOPEZ, individually, and 

JORGE L. ONDINA, individually, 

 Defendants. 

__________________________________________/ 

COMPLAINT 

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

 Plaintiff, MANUEL IZQUIERDO CADERO (“Cadero”), and all others 

similarly situated, by and through undersigned counsel, hereby files this 

Complaint against CAPITOL SECURITY SERVICES INC (“CSS”), SECURITY 

SERVICES OF AMERICA, INC. (“SSA”), MANUEL LOPEZ (“Lopez”), individually, 

and JORGE L. ONDINA (“Ondina”), individually (collectively hereinafter referred 

to as “Defendants”), and alleges as follows: 

Case 1:22-cv-23247-XXXX Document 1 Entered on FLSD Docket 10/06/2022 Page 1 of 13
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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

Introduction 

1. This is an action by Plaintiff, and those similarly situated, 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”). 

2. Plaintiff, and those similarly situated, seek money damages, 

reasonable attorneys’ fees and costs, and all other remedies allowable by law.

Parties, Jurisdiction and Venue

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

relevant, worked for Defendants in Miami-Dade County, Florida. 

4. Defendant CSS is a Florida profit corporation that conducted 

business in Miami-Dade County, Florida at all times relevant. 

5. Defendant SSA is a Florida profit corporation that conducted 

business in Miami-Dade County, Florida at all times relevant. 

6. Defendant Lopez is over the age of eighteen, a resident of MiamiDade County, and is otherwise sui juris. 

7. Defendant Ondina is over the age of eighteen, a resident of MiamiDade County, and is otherwise sui juris. 

8. At all times relevant, Defendant Lopez was and is an owner and 

operator of Defendant CSS.

9. At all times relevant, Defendant Ondina was a manager and operator 

of Defendant SSA. 

Case 1:22-cv-23247-XXXX Document 1 Entered on FLSD Docket 10/06/2022 Page 2 of 13
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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

10. At all times relevant, Defendants were Plaintiff’s direct employers, 

joint employers, and/or co-employers based on shared operations, financials, 

and use/control of employees like Plaintiff and those similarly situated.

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

and regularly perform services for consumers in this District, Defendants 

employed Plaintiff and those similarly situated in this District, and the claims 

arose within the District. 

A. Plaintiffs’ Employment With Defendants. 

12. Cadero began working for Defendants in or around April 2022. 

13. Cadero’s employment with Defendants ended on or about August 5, 

2022. 

14. During his employment with Defendants, Cadero regularly worked 

well over 40 hours a week for Defendants. 

15. Defendants, however, never paid Cadero an overtime premium 

for his overtime hours worked as required by the FLSA. 

16. Cadero was paid an hourly wage of $14 an hour during most of the 

relevant period. 

17. In August of 2022, Defendants unilaterally lowered Cadero’s hourly 

rate to $13 an hour from one day to another. 

18. As a result, Cadero resigned from his employment on August 5, 

2022. 

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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

19. Upon Cadero’s resignation, Ondina told Cadero that if he didn’t give

Defendants a 2-week notice, he would get paid only $10 an hour instead of his 

regular rate of $14 an hour for the hours not yet compensated by Defendants.

B. Defendants’ Business and Interstate Commerce. 

20. The joint, primary purpose of the corporate Defendants CSS and 

SSA (the “Corporate Defendants”) is the provision of residential, industrial, and 

construction-related security services. 

21. The Corporate Defendants share common ownership. 

22. The Corporate Defendants share management. 

23. The Corporate Defendants share employees. 

24. The Corporate Defendants share a telephone number. 

25. Under information and belief, the gross revenue for the Corporate 

Defendants exceeded $500,000 annually during the relevant period. 

26. During the relevant period, the Corporate Defendants customarily 

and regularly bought and sold goods that crossed state lines.

27. The Corporate Defendants each 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. 

28. Upon information and belief, the Corporate Defendants all obtained 

and solicited funds from non-Florida sources, accepted funds from non-Florida 

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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

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.

29. Upon information and belief, the Corporate Defendants all accept 

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. 

30. All Defendants are employers engaged in interstate commerce and 

subject to the FLSA. 

31. All Defendants were Plaintiff’s employers, joint employers, or coemployers for purposes of the FLSA as the term employer is defined by 29 U.S.C. 

§ 203. 

C. Factual Allegations Regarding Defendants' Illegal Payment Practices.

32. At all times relevant, Defendants engaged in an unlawful scheme to 

avoid their FLSA responsibilities by paying Plaintiff, and those similarly situated, 

his regular wages through Defendant SSA and his overtime wages at straight 

time through Defendant CSS.

33. At all times relevant, Defendants, failed to compensate Plaintiff, and 

those similarly situated, for his overtime hours worked at a rate of no less than 

one-and-one-half their regular rates of pay as required by the FLSA.

Case 1:22-cv-23247-XXXX Document 1 Entered on FLSD Docket 10/06/2022 Page 5 of 13
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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

D. Defendants' Illegal Payment Practices Affected All Other Similarly 

Situated Employees. 

34. During the relevant period, Defendants employed numerous other

security services employees who worked overtime hours and were non-exempt 

under the FLSA. 

35. There exists a class of non-exempt security services employees of 

Defendants that would benefit from becoming members of a class to recover due 

and owing wages.

COUNT I 

OVERTIME VIOLATION BY DEFENDANT CSS 

UNDER THE FAIR LABOR STANDARDS ACT 

36. Plaintiff alleges and incorporates by reference the allegations in 

paragraphs 1 through 35 above as if fully set forth herein. 

37. As part of its business, Defendant CSS purchased goods and 

materials that traveled through interstate commerce. 

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

regularly handled by two or more employees, including Plaintiff.

39. Upon information and belief, Defendant CSS 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. 

Case 1:22-cv-23247-XXXX Document 1 Entered on FLSD Docket 10/06/2022 Page 6 of 13
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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

40. Defendant CSS, 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.

41. During his employment with Defendant CSS, Plaintiff, and those 

similarly situated, worked overtime hours for which he was not compensated at 

a rate of no less than one-and-one-half their regular rates of pay as required by 

the FLSA.

42. Plaintiff, and those similarly situated, is owed unpaid overtime 

compensation pursuant to the FLSA. 

43. In addition, Defendant CSS 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, and those similarly situated, respectfully requests

that the Court: 

a. Enter judgment for Plaintiff against Defendant CSS under the FLSA;

b. Enter an Order certifying a Class of putative, similarly situated 

members pursuant to the FLSA;

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

d. Award Plaintiff liquidated damages; 

e. Award Plaintiff his attorneys’ fees and costs;

f. Award Plaintiff all recoverable interest; and

Case 1:22-cv-23247-XXXX Document 1 Entered on FLSD Docket 10/06/2022 Page 7 of 13
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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

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

COUNT II 

OVERTIME VIOLATION BY DEFENDANT SSA 

UNDER THE FAIR LABOR STANDARDS ACT 

44. Plaintiff alleges and incorporates by reference the allegations in 

paragraphs 1 through 35 above as if fully set forth herein. 

45. As part of its business, Defendant SSA purchased goods and 

materials that traveled through interstate commerce. 

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

regularly handled by two or more employees, including Plaintiff.

47. Upon information and belief, Defendant SSA 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. 

48. Defendant SSA, 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. 

49. During his employment with Defendant SSA, Plaintiff, and those 

similarly situated, worked overtime hours for which he was not compensated at 

a rate of no less than one-and-one-half their regular rates of pay as required by 

the FLSA. 

Case 1:22-cv-23247-XXXX Document 1 Entered on FLSD Docket 10/06/2022 Page 8 of 13
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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

50. Plaintiff, and those similarly situated, is owed unpaid overtime 

compensation pursuant to the FLSA. 

51. In addition, Defendant SSA 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, and those similarly situated, respectfully requests 

that the Court: 

a. Enter judgment for Plaintiff against Defendant SSA under the FLSA;

b. Enter an Order certifying a Class of putative, similarly situated 

members pursuant to the FLSA;

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

d. Award Plaintiff liquidated damages; 

e. Award Plaintiff his attorneys’ fees and costs; 

f. Award Plaintiff all recoverable interest; and 

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

COUNT III 

OVERTIME VIOLATIONS AGAINST DEFENDANT MANUEL LOPEZ 

UNDER THE FAIR LABOR STANDARDS ACT 

52. Plaintiff alleges and incorporates by reference the allegations in 

paragraphs 1 through 35 above as if fully set forth herein. 

53. Lopez operated the day-to-day activities of Defendant CSS’s 

business, had supervisory authority over Plaintiff, had control/access to 

Case 1:22-cv-23247-XXXX Document 1 Entered on FLSD Docket 10/06/2022 Page 9 of 13
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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

Plaintiff’s records for work hours, and was partially or totally responsible for 

paying Plaintiff’ wages. 

54. Lopez scrutinized Plaintiff’s work and controlled how Plaintiff did his

job.

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

Defendants over forty (40) hours per week. 

56. During his employment with Defendants, Plaintiff and other 

similarly situated employees worked overtime hours for which they were not 

compensated at a rate of no less than one-and-one-half their regular rates of pay 

as required by the FLSA.

57. Lopez did not compensate Plaintiff and other similarly situated 

employees for their overtime despite knowledge of the overtime hours Plaintiff

worked.

58. Lopez is also jointly and severally liable for double the overtime 

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

intentional and willful violations 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 Lopez under the FLSA;

b. Enter an Order certifying a Class of putative, similarly situated 

members pursuant to the FLSA;

c. Award Plaintiff actual damages for the unpaid wages;

Case 1:22-cv-23247-XXXX Document 1 Entered on FLSD Docket 10/06/2022 Page 10 of 13
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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

d. Award Plaintiff liquidated damages; 

e. Award Plaintiff his attorneys’ fees and costs; 

f. Award Plaintiff all recoverable interest; and 

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

COUNT IV 

OVERTIME VIOLATIONS AGAINST DEFENDANT JORGE L. ONDINA 

UNDER THE FAIR LABOR STANDARDS ACT 

59. Plaintiff alleges and incorporates by reference the allegations in 

paragraphs 1 through 35 above as if fully set forth herein. 

60. Ondina operated the day-to-day activities of Defendant SSA’s 

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’ wages. 

61. Ondina scrutinized Plaintiff’s work and controlled how Plaintiff did 

his job.

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

Defendants over forty (40) hours per week. 

63. During his employment with Defendants, Plaintiff and other 

similarly situated employees worked overtime hours for which they were not 

compensated at a rate of no less than one-and-one-half their regular rates of pay 

as required by the FLSA. 

Case 1:22-cv-23247-XXXX Document 1 Entered on FLSD Docket 10/06/2022 Page 11 of 13
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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

64. Ondina did not compensate Plaintiff and other similarly situated 

employees for their overtime despite knowledge of the overtime hours Plaintiff 

worked.

65. Ondina is also jointly and severally liable for double the overtime 

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

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

limitations afforded by the FLSA. 

WHEREFORE, Plaintiff respectfully requests that the Court: 

h. Enter judgment for Plaintiff against Ondina under the FLSA;

i. Enter an Order certifying a Class of putative, similarly situated 

members pursuant to the FLSA;

j. Award Plaintiff actual damages for the unpaid wages;

k. Award Plaintiff liquidated damages; 

l. Award Plaintiff his attorneys’ fees and costs; 

m. Award Plaintiff all recoverable interest; and 

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

JURY TRIAL 

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

Case 1:22-cv-23247-XXXX Document 1 Entered on FLSD Docket 10/06/2022 Page 12 of 13
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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

Dated: October 6, 2022

Respectfully submitted, 

/s/ J. Freddy Perera

J. Freddy Perera, Esq. 

Florida Bar No. 93625 

freddy@pba-law.com 

PERERA ALEMÁN, P.A. 

12505 Orange Drive, 

Suite 908 

Davie, Florida 33330 

Phone: 786.485.5232 

Counsel for Plaintiff

Case 1:22-cv-23247-XXXX Document 1 Entered on FLSD Docket 10/06/2022 Page 13 of 13