Page 1 of 12

 UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

CASE NO.: 

DAYANA AGUIAR

and other similarly situated individuals,

Plaintiff(s),

v.

ROYAL BEAUTY MIAMI INC,

and JOHANNA A. PULGAR, individually 

Defendants,

____________________________________/ 

COMPLAINT

(OPT-IN PURSUANT TO 29 U.S.C § 216(b))

COMES NOW the Plaintiff DAYANA AGUIAR, and other similarly situated individuals, 

by and through the undersigned counsel, and hereby sues Defendants ROYAL BEAUTY MIAMI 

INC, and JOHANNA A. PULGAR individually and alleges:

JURISDICTION VENUES AND PARTIES

1. This is an action to recover money damages for unpaid overtime wages and retaliation 

under the United States laws. This Court has jurisdiction pursuant to the Fair Labor 

Standards Act, 29 U.S.C. § 201-219 (Section 216 for jurisdictional placement) ("the Act").

2. Plaintiff DAYANA AGUIAR is a resident of Miami-Dade County within the jurisdiction 

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

employee for purposes of the Act. 

Case 1:22-cv-23733-XXXX Document 1 Entered on FLSD Docket 11/14/2022 Page 1 of 12
Page 2 of 12

3. Corporate Defendant ROYAL BEAUTY MIAMI INC (hereinafter ROYAL BEAUTY 

MIAMI, or Defendant) is a Florida corporation having a place of business in Dade County, 

Florida. At all times, Defendant was engaged in interstate commerce. 

4. The individual Defendant JOHANNA A. PULGAR is the owner/partner and manager of 

Defendant Corporation, ROYAL BEAUTY MIAMI. This individual Defendant is the 

employer of Plaintiff within the meaning of Section 3(d) of the "Fair Labor Standards Act"

[29 U.S.C. § 203(d). 

5. All the actions raised in this Complaint took place in Dade County, Florida, within this 

Court's jurisdiction. 

GENERAL ALLEGATIONS

6. This cause of action is brought by Plaintiff DAYANA AGUIAR as a collective action to 

recover from Defendants unpaid overtime compensation, retaliatory damages, liquidated 

damages, costs, and reasonable attorney's fees under the provisions of the Fair Labor 

Standards Act, as amended, 29 U.S.C. § 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 April 2022, (the "material time"), without being adequately compensated. 

7. Corporate Defendant is a medical spa providing all kinds of beauty and anti-aging 

treatments.

8. Defendant ROYAL BEAUTY MIAMI was and is engaged in interstate commerce as 

defined in §§ 3 (r) and 3(s) of the Act, 29 U.S.C. § 203(r) and 203(s)(1)(A). Defendant 

provides medical beauty treatments. Defendant has more than two employees recurrently 

engaged in commerce or the production of goods for commerce by regularly and 

Case 1:22-cv-23733-XXXX Document 1 Entered on FLSD Docket 11/14/2022 Page 2 of 12
Page 3 of 12

recurrently using the instrumentalities of interstate commerce. Defendant uses interstate 

commerce's instrumentalities to accept and solicit funds from non-Florida sources by using 

electronic devices to authorize credit card transactions. Upon information and belief, the 

annual gross revenue of the Employer/Defendant was always in excess of $500,000 per 

annum. Therefore, there is FLSA enterprise coverage.

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

commerce. Plaintiff and those similarly situated through their daily activities regularly 

participated in interstate commerce by regularly handling and working on goods and 

materials produced for commerce and moved across State lines at any time during the 

business. Therefore, there is FLSA individual coverage.

10. Defendants ROYAL BEAUTY MIAMI and JOHANNA A. PULGAR employed Plaintiff 

DAYANA AGUIAR as a non-exempted, full-time hourly employee from approximately

April 01, 2022, to September 08, 2022, or 23 weeks. 

11. Plaintiff had duties as a receptionist and front desk employee. Plaintiff's wage rate was 

$13.00 an hour. Plaintiff's overtime should be $19.50 an hour.

12. While employed by Defendants, Plaintiff worked more than 40 hours every week, but she 

was not paid overtime hours as required by law. 

13. Plaintiff had a regular mandatory schedule, and she worked six days per week. Plaintiff 

worked from Mondays to Saturdays from 9:00 AM to 5:00 PM (8 hours daily). Plaintiff 

worked a total of 48 hours weekly. Plaintiff was unable to take bonafide lunch periods.

14. Plaintiff was paid 40 hours weekly, or $520.00 weekly, but she was not paid for overtime 

hours. 

Case 1:22-cv-23733-XXXX Document 1 Entered on FLSD Docket 11/14/2022 Page 3 of 12
Page 4 of 12

15. Plaintiff did not clock in and out, but Defendants were in complete control of Plaintiff's 

schedules, and they could track the number of hours worked by Plaintiff and other similarly 

situated individuals. Plaintiff worked under the supervision of the owner of the business 

JOHANNA A. PULGAR.

16. Therefore, Defendants willfully failed to pay Plaintiff overtime hours at the rate of time 

and a half her 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 U.S.C. 207(a)(1)).

17. Plaintiff was paid weekly with Zelle, without pay stubs detailing the number of days and 

hours worked, wage rate, employee taxes withheld, etc.

18. Plaintiff disagreed with the lack of payment for overtime hours, and she complained to the 

owner of the business JOHANNA A. PULGAR a few times.

19. On or about September 02, 2022, Plaintiff complained to JOHANNA A. PULGAR about 

her unpaid overtime hours for the last time. As an answer, JOHANNA A. PULGAR stated: 

"We do not have to pay overtime here because we are a small business."

20. On or about September 08, 2022, Plaintiff was forced to leave her employment because 

she was working overtime hours without compensation and because she was suffering a 

hostile working environment due to her complaints about unpaid overtime hours.

21. Plaintiff DAYANA AGUIAR intends to recover overtime pay for hours worked over 40 in 

a week, retaliatory damages, liquidated damages, and any other relief as allowable by law.

22. The additional persons who may become Plaintiffs in this action are employees and/or 

former employees of Defendants who are and who were subject to their unlawful payroll 

practices and procedures and were not paid minimum wages and overtime wages at the rate 

of time and one half of their regular rate of pay for all overtime hours worked over forty. 

Case 1:22-cv-23733-XXXX Document 1 Entered on FLSD Docket 11/14/2022 Page 4 of 12
Page 5 of 12

COUNT I:

WAGE AND HOUR FEDERAL STATUTORY VIOLATION;

FAILURE TO PAY OVERTIME AGAINST ALL DEFENDANTS

23. Plaintiff DAYANA AGUIAR re-adopts every factual allegation as stated in paragraphs 1-

22 above as set out in full herein. 

24. Plaintiff DAYANA AGUIAR brings this cause of action as a collective action to recover 

from Defendants overtime compensation, liquidated damages, costs, and reasonable

attorney's fees under the provisions of the Fair Labor Standards Act, as amended, 29 U.S.C. 

§ 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 over forty 

(40) hours during one or more weeks on or after April 2022, (the "material time") without 

being compensated "at a rate not less than one and a half times the regular rate at which he 

is employed."

25. Defendants ROYAL BEAUTY MIAMI and JOHANNA A. PULGAR employed Plaintiff 

DAYANA AGUIAR as a non-exempted, full-time, hourly employee from April 01, 2022, 

to September 08, 2022, or 23 weeks. 

26. Plaintiff had duties as a receptionist and front desk employee. Plaintiff's wage rate was 

$13.00 an hour. Plaintiff's overtime should be $19.50 an hour.

27. While employed by Defendants, Plaintiff worked more than 40 hours every week, but she 

was not paid overtime hours as required by law. 

28. Plaintiff had a regular mandatory schedule, and she worked six days per week for a total 

of 48 hours. Plaintiff was unable to take bonafide lunch periods. 

29. Plaintiff was paid 40 hours weekly, or $520.00 weekly, but she was not paid for overtime 

hours. 

Case 1:22-cv-23733-XXXX Document 1 Entered on FLSD Docket 11/14/2022 Page 5 of 12
Page 6 of 12

30. Plaintiff did not clock in and out, but Defendants were in complete control of Plaintiff's 

schedules and could track the number of hours worked by Plaintiff and other similarly 

situated individuals. Plaintiff worked under the supervision of the business owner

JOHANNA A. PULGAR. 

31. Therefore, Defendants willfully failed to pay Plaintiff overtime hours at the rate of time 

and a half her 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 U.S.C. 207(a)(1)).

32. Plaintiff was paid weekly with Zelle, without pay stubs detailing the number of days and 

hours worked, wage rate, employee taxes withheld, etc.

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

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

and custody of Defendants. However, Defendants did not maintain accurate time records 

of hours worked by Plaintiff and other employees upon information and belief. 

34. Defendants violated the record-keeping requirements of FLSA, 29 CFR Part 516.

35. Defendants 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. Defendants violated the Posting requirements of 29 U.S.C. § 516.4.

36. Prior to the completion of discovery and the best of Plaintiff's knowledge, at the time of 

the filing of this Complaint, Plaintiff's good faith estimate of unpaid overtime wages is as 

follows:

* Please note that this amount is based on preliminary calculations, and these figures are

subjected to modifications as discovery could dictate. Plaintiff will adjust her calculations

as needed.

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

Case 1:22-cv-23733-XXXX Document 1 Entered on FLSD Docket 11/14/2022 Page 6 of 12
Page 7 of 12

Three Thousand Five Hundred Eighty-Eight Dollars and 00/100 ($3,588.00)

b. Calculation of such wages:

Total weeks of employment: 23 weeks

Total relevant weeks of employment: 23 weeks

Total number of hours worked: 48 hours weekly 

Total O/T hours: 27.5 hours weekly

Wage rate: $13.00 x 1.5=$19.50 O/T rate

O/T rate: $19.50 an O/T hour

$19.50 x 8 O/T hours=$156.00 weekly x 23 weeks=$3,588.00

c. Nature of wages:

This amount represents unpaid overtime wages

37. At all times, material hereto, the Employers/Defendants ROYAL BEAUTY MIAMI and 

JOHANNA A. PULGAR failed to comply with Title 29 U.S.C. §§ 201-219 and 29 C.F.R. 

§ 516.2 and § 516.4 et seq. In that, Plaintiff and those similarly situated performed services 

and worked over the maximum hours provided by the Act. Still, no provision was made by 

Defendants to properly pay Plaintiff at the rate of time and one half for all hours worked 

over forty hours (40) per workweek as provided in said Act. 

38. Defendants knew and showed reckless disregard for the provisions of the Act concerning 

the payment of overtime wages as required by the Fair Labor Standards Act. Accordingly, 

Plaintiff and those similarly situated are entitled to recover double damages. 

39. At times mentioned, individual Defendant JOHANNA A. PULGAR was the owner/partner 

and manager of ROYAL BEAUTY MIAMI. The individual Defendant JOHANNA A. 

PULGAR was the employer of Plaintiff and others similarly situated within the meaning 

of Section 3(d) of the "Fair Labor Standards Act" [29 U.S.C. § 203(d)]. In that, this

individual Defendant acted directly in ROYAL BEAUTY MIAMI's interests concerning

its employees, including Plaintiff and others similarly situated. Defendants JOHANNA A. 

Case 1:22-cv-23733-XXXX Document 1 Entered on FLSD Docket 11/14/2022 Page 7 of 12
Page 8 of 12

PULGAR had financial and operational control of the business, and she determined the 

terms and working conditions of Plaintiff and other similarly situated employees.

Defendant JOHANNA A. PULGAR is jointly and severally liable for Plaintiff's damages. 

40. Defendants ROYAL BEAUTY MIAMI and JOHANNA A. PULGAR willfully and 

intentionally refused to pay Plaintiff overtime wages as required by the United States law

and remain owing Plaintiff these overtime wages since the commencement of Plaintiff's 

employment with Defendants, as set forth above. 

41. Plaintiff has retained the law offices of the undersigned attorney to represent her in this 

action and is obligated to pay reasonable attorneys' fees. 

PRAYER FOR RELIEF

WHEREFORE, Plaintiff DAYANA AGUIAR and those similarly situated individuals respectfully 

request that this Honorable Court: 

A. Enter judgment for Plaintiff DAYANA AGUIAR and other similarly situated and against 

the Defendants ROYAL BEAUTY MIAMI and JOHANNA A. PULGAR, based on 

Defendants' willful violations of the Fair Labor Standards Act, 29 U.S.C. § 201 et seq.; and

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

JURY DEMAND

Case 1:22-cv-23733-XXXX Document 1 Entered on FLSD Docket 11/14/2022 Page 8 of 12
Page 9 of 12

Plaintiff DAYANA AGUIAR and those similarly situated demand trial by a jury of all issues 

triable as a right by a jury.

COUNT II:

FEDERAL STATUTORY VIOLATION PURSUANT TO 29 U.S.C. 215 (a)(3) 

RETALIATORY CONSTRUCTIVE DISCHARGE; AGAINST ALL DEFENDANTS

42. Plaintiff DAYANA AGUIAR re-adopts every factual allegation stated in paragraphs 1-22

of this Complaint as if set out in full herein. 

43. Defendant ROYAL BEAUTY MIAMI was and is engaged in interstate commerce as 

defined in §§ 3 (r) and 3(s) of the Act, 29 U.S.C. § 203(r) and 203(s)(1)(A), and it is 

subjected to the provisions of the Fair Labor Standards Act. 

44. 29 U.S.C. § 207 (a) (1) states, "if an employer employs an employee for more than forty 

hours in any workweek, the employer must compensate the employee for hours in excess 

of forty at the rate of at least one and one-half times the employee's regular rate..."

45. Likewise, 29 U.S.C. 215(a)(3) states... it shall be unlawful for any person— "to discharge 

or in any other manner discriminate against any employee because such employee has filed 

any complaint or instituted or caused to be instituted any proceeding under or related to 

this chapter, or has testified or is about to testify in any such proceeding,......"

46. Defendants ROYAL BEAUTY MIAMI and JOHANNA A. PULGAR employed Plaintiff 

DAYANA AGUIAR as a non-exempted, full-time, hourly employee from April 01, 2022, 

to September 08, 2022, or 23 weeks. 

47. Plaintiff had duties as a receptionist and front desk employee. Plaintiff's wage rate was 

$13.00 an hour. Plaintiff's overtime should be $19.50 an hour.

48. While employed by Defendants, Plaintiff worked more than 40 hours every week, but she 

was not paid overtime hours as required by law. 

Case 1:22-cv-23733-XXXX Document 1 Entered on FLSD Docket 11/14/2022 Page 9 of 12
Page 10 of 12

49. Plaintiff had a regular mandatory schedule, and she worked six days per week, a total of 

48 hours weekly. Plaintiff was unable to take bonafide lunch periods. 

50. Plaintiff was paid for 40 hours weekly, or $520.00, but she was not paid for overtime hours, 

as required by law.

51. Plaintiff did not clock in and out, but Defendants were in complete control of Plaintiff's 

schedules, and they could track the number of hours worked by Plaintiff and other similarly 

situated individuals. Plaintiff worked under the supervision of the owner of the business 

JOHANNA A. PULGAR. 

52. Therefore, Defendants willfully failed to pay Plaintiff overtime hours at the rate of time 

and a half her 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 U.S.C. 207(a)(1)).

53. Plaintiff was paid weekly with Zelle, without pay stubs detailing the number of days and 

hours worked, wage rate, employee taxes withheld, etc.

54. Plaintiff disagreed with the lack of payment for overtime hours, and she complained to the 

owner of the business JOHANNA A. PULGAR a few times.

55. On or about September 02, 2022, Plaintiff complained to JOHANNA A. PULGAR about 

her unpaid overtime hours for the last time. As an answer, JOHANNA A. PULGAR stated: 

"We do not have to pay overtime here because we are a small business."

56. After Plaintiff's last complaint, she suffered a hostile working environment.

57. On or about September 08, 2022, Plaintiff was forced to leave her employment because 

she was working overtime hours without compensation and because she was suffering a 

hostile working environment due to her complaints about unpaid overtime hours.

Case 1:22-cv-23733-XXXX Document 1 Entered on FLSD Docket 11/14/2022 Page 10 of 12
Page 11 of 12

58. Consequently, on or about September 08, 2022, Plaintiff DAYANA AGUIAR was 

constructively discharged from her employment with Defendants in retaliation to her 

complaints about missing overtime payment. Defendants deliberately created unfair 

working conditions and harassed Plaintiff in such a way that any reasonable person could 

not accept, and she was forced to resign. 

59. At all times during her employment, Plaintiff performed her work satisfactorily. 

Accordingly, there was no reason other than unlawful employment practices to discharge 

Plaintiff constructively.

60. Moreover, Plaintiff's constructive discharge came just in temporal proximity after 

Plaintiff's participation in protected activity. 

61. The motivating factor which caused Plaintiff's constructive discharge, as described above,

was her complaints about unpaid overtime wages from the Defendants. In other words, 

Plaintiff would not have been constructively discharged but for her complaints about 

unpaid overtime wages.

62. Defendants ROYAL BEAUTY MIAMI and JOHANNA A. PULGAR willfully and 

maliciously retaliated against Plaintiff DAYANA AGUIAR by engaging in a retaliatory 

action materially adverse to a reasonable employee and with the purpose of dissuading her

from exercising her rights under 29 U.S.C. 215(a)(3). 

63. Defendants' constructive discharge of Plaintiff was in direct violation of 29 USC 215 (a)(3),

and, as a direct result, Plaintiff has been damaged.

64. Plaintiff DAYANA AGUIAR has retained the law offices of the undersigned attorney to 

represent her in this action and is obligated to pay reasonable attorneys' fees. 

PRAYER FOR RELIEF

Case 1:22-cv-23733-XXXX Document 1 Entered on FLSD Docket 11/14/2022 Page 11 of 12
Page 12 of 12

WHEREFORE, Plaintiff DAYANA AGUIAR respectfully requests that this Honorable Court:

A. Enter judgment declaring that the firing of Plaintiff DAYANA AGUIAR by Defendants 

ROYAL BEAUTY MIAMI and JOHANNA A. PULGAR was an unlawful act of 

retaliation in violation of 29 U.S.C. 215 (a) (3).

B. Enter judgment against Defendants ROYAL BEAUTY MIAMI and JOHANNA A. 

PULGAR, awarding Plaintiff DAYANA AGUIAR liquidated damages in an amount 

equal to the amount awarded as consequential damages;

C. For all back wages from the date of discharge to the present date and an equal amount 

of back wages as liquidated damages

D. Enter judgment awarding Plaintiff reasonable attorney's fees and costs of this suit; and

E. Grant such other and further relief as this Court deems necessary and proper. 

JURY DEMAND

Plaintiff DAYANA AGUIAR demands a trial by jury of all issues triable as a right by jury.

DATED: November 14, 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

Case 1:22-cv-23733-XXXX Document 1 Entered on FLSD Docket 11/14/2022 Page 12 of 12