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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

CASE NO.:

Aimee Cibran,

and other similarly situated individuals,

 Plaintiff (s),

v. 

 

Christopher Columbus High School, Inc.

 Defendant.

___________________________________/

COLLECTIVE ACTION COMPLAINT

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

COMES NOW the Plaintiff Aimee Cibran and other similarly situated individuals, 

by and through the undersigned counsel, and sues Defendant Christopher Columbus High 

School, Inc., and alleges: 

Jurisdiction Venues and Parties

1. This is an action to recover money for unpaid overtime wages under 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 Aimee Cibran is a resident of Miami-Dade County, Florida, within this 

Honorable Court jurisdiction and is otherwise sui juris. Plaintiff is a covered employee 

for purposes of the Act.

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3. Defendant Christopher Columbus High School, Inc. (from now on, Columbus High 

School, or Defendant) is a Florida not-for Profit Corporation having a place of business 

in Miami-Dade County, Florida. Defendant is engaged in interstate commerce.

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

Court's jurisdiction. 

Allegations Common to All Counts

5. This cause of action is brought by Plaintiff Aimee Cibran as a collective action to 

recover from Defendant overtime compensation, liquidated damages, costs, and 

reasonable attorney's fees under the provisions of 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") who worked more than forty (40) hours during one or more weeks on or after 

October 2019, (the "material time") without being compensated overtime wages 

pursuant to the FLSA.

6. Defendant Columbus High School is a private, all-boys Catholic secondary school. The

school is located at 3000 SW 87th Avenue, Miami, Florida 33165, where Plaintiff 

worked. The Defendant was engaged in activities for business purposes

7. Defendant Columbus High School employed Plaintiff Aimee Cibran from 

approximately October 07, 2013, to September 09, 2022, or almost eight years. 

However, for FLSA purposes, Plaintiff's relevant employment period is 123 weeks 

(Plaintiff worked for the high school for ten months every school year). Plaintiff was 

paid a salary that varied each year.

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8. Plaintiff was a non-exempted, full-time employee. Defendant misclassified Plaintiff as 

an Administrative Assistant. However, Plaintiff's primary duties involved the kind of 

work associated with a secretary. Plaintiff's duties did not include any administrative 

or professional work. Plaintiff did not perform work related to the management or 

business operations of the school and did not exercise discretion or independent 

judgment in performing her job. Plaintiff just followed instructions received from her 

superiors. 

9. Plaintiff's primary duty consisted of general office work, including receptionist 

answering phone calls, calendaring, and assisting with all the students' activities such 

as planned trips, school events, and presentations. Plaintiff also performed other 

manual and repetitive tasks such as warehousing work, driving, etc.

10. Plaintiff did not meet the requirements for any FLSA overtime exemption, and she was 

entitled to receive overtime exemption.

11. During her employment with Defendant, Plaintiff worked five days weekly, from 

Monday to Friday, from 7:00 AM to 6:00 PM (11 hours each day). Plaintiff worked a 

total of 55 hours per week. Plaintiff did not take bonafide lunch breaks.

12. Plaintiff was paid bi-weekly a salary covering 40 regular hours. Plaintiff was paid the 

same amount regardless of the number of hours worked.

13. Plaintiff worked in excess of 40 hours, but she was not paid for overtime hours, as 

required by law.

14. Plaintiff clocked in and out, and many times she was required not to do that, but 

Plaintiff recorded her hours most of the time. Defendant knew about the number of 

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hours worked by Plaintiff and other similarly situated individuals. Plaintiff worked 

under the supervision of Mrs. Silvia Galvez.

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

and one-half her regular rate for every hour that she 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).

16. Plaintiff was paid bi-weekly with direct deposits and with paystubs that did not show 

the actual number of hours worked.

17. Plaintiff disagreed with the number of hours worked and the compensation received,

and she complained many times about the missing payment for overtime hours to her 

supervisor. Ms. Silvia Galvez always promised Plaintiff to fix the problem, but that 

never happened. 

18. On or about September 09, 2022, Plaintiff was unfairly fired after she accepted a 

transfer of position and began working for Director Iris Martinez.

19. Plaintiff Aimee Cibran seeks to recover accumulated unpaid overtime hours, liquidated 

damages, and any other relief as allowable by law. 

Collective Action Allegations

20. Plaintiff brings this action pursuant to the Fair Labor Standards Act, 29 U.S.C. §§201, 

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

21. 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 at the rate of time and one-half their regular rate.

22. The additional persons who may become Plaintiffs in this action are weekly-paid 

employees and/or former employees of Defendant who are and were subject to the 

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unlawful payroll practices and procedures of Defendant and were not paid overtime 

hours at the rate of time and one-half their regular rate of pay for every hour worked 

over forty. 

COUNT I:

WAGE AND HOUR FEDERAL STATUTORY VIOLATION of 29 U.S.C. § 207 

(a)(1); FAILURE TO PAY OVERTIME; AGAINST ALL DEFENDANT

23. Plaintiff Aimee Cibran re-adopts every factual allegation stated in paragraphs 1-23 

above as if set out in full herein. 

24. Plaintiff Aimee Cibran, and those similarly situated, bring this action to recover from 

the employer 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., and specifically under the provisions of 29 U.S.C. § 207. 29 

U.S.C. § 207 (a)(1) states, "No employer shall employ any of his employees... for a 

workweek longer than 40 hours unless such employee receives compensation for his 

employment 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."

25. The employer, Optimum Point of Care, was 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 is a

private educational institution. Defendant has more than two employees directly and 

recurrently engaged in interstate commerce. At all times pertinent to this Complaint, 

the Employer/Defendant operates as an organization that sells and/or markets its 

services to customers throughout the United States. Employer/Defendant obtains and 

solicits funds from non-Florida sources, accepts funds from non-Florida sources, uses 

telephonic transmissions going over state lines to do its business, and transmits funds 

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outside of the State of Florida. Upon information and belief, the annual gross revenue 

of the Employer/Defendant was always material hereto more than $500,000 per annum. 

Therefore, there is enterprise coverage.

26. Plaintiff was employed by an enterprise engaged in interstate commerce. Plaintiff and 

other employees similarly situated regularly and recurrently participated in interstate 

commerce within the meaning of the FLSA. Therefore, there is individual coverage.

27. Defendant Columbus High School employed Plaintiff Aimee Cibran from 

approximately October 07, 2013, to September 09, 2022, or almost eight years. 

However, for FLSA purposes, Plaintiff's relevant employment period is 123 weeks 

(Plaintiff worked for the high school for ten months every school year). Plaintiff was 

paid a salary that varied each year.

28. Plaintiff was a non-exempted, full-time employee. Defendant misclassified Plaintiff as 

an Administrative Assistant. However, Plaintiff's primary duties involved the kind of 

work associated with a secretary. Plaintiff's duties did not include any administrative 

or professional work. Plaintiff did not perform work related to the management or 

business operations of the school and did not exercise discretion or independent 

judgment in performing her job. Plaintiff just followed instructions received from her 

superiors. 

29. Plaintiff's primary duty consisted of general office work, including receptionist 

answering phone calls, calendaring, and assisting with all the students' activities such 

as planned trips, school events, and presentations. Plaintiff also performed other 

manual and repetitive tasks such as warehousing work, driving, etc. 

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30. Plaintiff did not meet the requirements for any FLSA overtime exemption, and she was 

entitled to receive overtime exemption.

31. During her employment with Defendant, Plaintiff worked five days weekly, from 

Monday to Friday, from 7:00 AM to 6:00 PM (11 hours each day). Plaintiff worked 55 

hours per week. Plaintiff did not take bonafide lunch breaks.

32. Plaintiff was paid bi-weekly a salary covering 40 regular hours. Plaintiff was paid the 

same amount regardless of the number of hours worked.

33. Plaintiff worked in excess of 40 hours, but she was not paid for overtime hours, as 

required by law.

34. Plaintiff clocked in and out, and many times she was required not to do that, but 

Plaintiff recorded her hours most of the time. Defendant knew about the number of 

hours worked by Plaintiff and other similarly situated individuals. Plaintiff worked 

under the supervision of Mrs. Silvia Galvez.

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

and one-half her regular rate for every hour that she 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).

36. Plaintiff was paid bi-weekly with direct deposits and with paystubs that did not show 

the actual number of hours worked.

37. The records, if any, concerning the number of hours worked by Plaintiff and all other 

employees and the compensation paid to such employees should be in Defendant's

possession and custody. However, upon information and belief, Defendant did not 

maintain accurate and complete time records of hours worked by Plaintiff and other 

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employees in the asserted class. Defendant violated the record-keeping requirements 

of FLSA, 29 CFR Part 516.

38. 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. Defendant violated the Posting requirements of 29 U.S.C. § 516.4.

39. 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:

*Plaintiff is not in possession of time and payment records, and she is providing this 

preliminary good-faith estimate of the unpaid overtime based on her best recollections. 

Plaintiff will amend her calculations after proper discovery. 

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

 Thirteen Thousand Sixty Dollars and 65/100 ($13,060.65)

b. Calculation of such wages:

Total weeks of employment: 123 weeks 

 Relevant number of weeks: 123 weeks

 Total number of hours worked: 55 hours weekly

 Total O/T hours: 15 hours weekly

 

 1.- O/T from October 27, 2019, to approx. June 15, 2020,= 33 weeks 

 

 Total number of relevant weeks: 33 weeks

 Total hours worked: 55 hours weekly average

 Total O/T hours: 15 hours weekly average

 Unpaid O/T hours weekly: 15 O/T hours weekly

 Salary: $740.74 weekly average: 55 hours=$13.47 hourly rate

 Regular rate: $13.47 x 1.5=$20.21 

 O/T rate: $20.21 - $13.47 paid=$6.74

 Half-time: $6.74

 

 Half-time $6.74 x 15 O/T hours=$101.10 weekly x 33 weeks=$3,336.30

 2.- O/T from approx. August 15, 2020, June 15, 2021,= 43 weeks 

 

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 Total number of relevant weeks: 43 weeks

 Total hours worked: 55 hours weekly average

 Total O/T hours: 15 hours weekly average

 Unpaid O/T hours weekly: 15 O/T hours weekly

 Salary: $775.47 weekly average: 55 hours=$14.10 hourly rate

 Regular rate: $14.10 x 1.5=$21.15

 O/T rate: $21.15 - $14.10 paid=$7.05

 Half-time: $7.05

 

 Half-time $7.05 x 15 O/T hours=$105.75 weekly x 43 weeks=$4,547.25

 3.-O/T from approx. August 15, 2021, to June 15, 2022= 43 weeks 

 

 Total number of relevant weeks: 43 weeks

 Total hours worked: 55 hours weekly average

 Total O/T hours: 15 hours weekly average

 Unpaid O/T hours weekly: 15 O/T hours weekly

 Salary: $811.91 weekly average: 55 hours=$14.76

 Regular rate: $14.76 x 1.5=$22.14

 O/T rate: $22.14 - $14.76 paid=$7.38

 Half-time: $7.38

 

 Half-time $7.38 x 15 O/T hours=$110.70 weekly x 43 weeks=$4,760.10

 4.- O/T from approx. August 9, 2022, to September 9, 2022,= 4 weeks 

 

 Total number of relevant weeks: 4 weeks

 Total hours worked: 55 hours weekly average

 Total O/T hours: 15 hours weekly average

 Unpaid O/T hours weekly: 15 O/T hours weekly

 Salary: $763.71 weekly average: 55 hours=$13.89

 Regular rate: $13.89 x 1.5=$20.84 

 O/T rate: $20.84 - $13.89 paid=$6.95

 Half-time: $6.95

 

 Half-time $6.95 x 15 O/T hours=$104.25 weekly x 4 weeks=$417.00

 

 Total #1, #2, #3 and #4: $13,060.65

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

 This amount represents unpaid overtime wages.

1

1 At this time, Plaintiff has limited time and payment records. Accordingly, Plaintiff estimates her damages 

and reserves the right to amend the calculations.

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40. At all times material hereto, the Employer/Defendant 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 more than the maximum hours 

provided by the Act. Still, Defendant made no provision to properly pay them as 

provided in said Act. 

41. Defendant knew and/or 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. 

42. Defendant Columbus High School willfully and intentionally refused to pay Plaintiff

Aimee Cibran overtime wages as required by United States law and remains owing 

Plaintiff these overtime wages since the commencement of Plaintiff's employment with 

Defendant as set forth above. 

43. Plaintiff seeks to recover unpaid overtime wages accumulated from hiring to her last 

day of employment.

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

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

Prayer For Relief

Wherefore, Plaintiff Aimee Cibran and those similarly situated respectfully request that 

this Honorable Court: 

A. Enter judgment for Plaintiff Aimee Cibran and other similarly situated and against the 

Defendant Columbus High School, based on Defendant's willful violations of the Fair 

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Labor Standards Act, 29 U.S.C. § 201 et seq. and other Federal Regulations; and

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

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

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

and

D. Award Plaintiff Aimee Cibran 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.

Demand for a Jury Trial

Plaintiff Aimee Cibran and those similarly situated demand trial by a jury of all 

issues triable as a right by a 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

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