IN THE UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

NICHOLAS MATARAZZO,

Plaintiff,

vs.

MAGNUM 152, INC., d/b/a

U.S. Pawn, a Florida Corporation, 

Defendant.

 /

COMPLAINT FOR DAMAGES

Plaintiff, NICHOLAS MATARAZZO, sues Defendant, MAGNUM 152, INC., and 

shows:

Introduction

1. This is an action by NICHOLAS MATARAZZO against his former employer 

for unpaid overtime pursuant to the Fair Labor Standards Act. Plaintiff seeks damages and a 

reasonable attorney’s fee.

Jurisdiction

2. This action arises under the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 

207. The Court has jurisdiction over the claims pursuant to 29 U.S.C. § 216(b).

3. The claim arose within the Southern District of Florida, which is where venue 

is proper.

Parties and General Allegations

4. Plaintiff, NICHOLAS MATARAZZO, (hereinafter “MATARAZZO”) a 

resident of Broward County, Florida, was at all times material, employed by MAGNUM 152, 

INC. as a pawn broker for Defendant, was an employee as defined by 29 U.S.C. § 203 (e), 

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and during his employment with Defendant was engaged in commerce or in the production 

of goods for commerce within the meaning of 29 U.S.C. § 207(a). To wit: MATARAZZO

regularly and consistently processed electronic transactions for customers of the pawn shop

and handled goods and materials that traveled in interstate commerce. 

5. Defendant, MAGNUM 152, INC. (hereinafter, “MAGNUM 152”), is a Florida 

Corporation doing business in Broward County, Florida, where it owns and operates several 

pawn shops under the tradename of U.S. Pawn, is an enterprise engaged in an industry 

affecting commerce, 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; and is an enterprise whose annual gross 

volume of sales made or business done is not less than $500,000 (exclusive of excise taxes at 

the retail level that are separately stated) which has employees subject to the provisions of the 

FLSA, 29 U.S.C. § 207, in the pawn shops where MATARAZZO was employed. At all times 

pertinent to this Complaint, MAGNUM 152 operates as an organization which:

a. sells and/or markets its services and/or goods to customers throughout 

the United States;

b. provides its services for goods sold and transported from across state 

lines of other states;

c. obtains and solicits funds from non-Florida sources;

d. accepts funds from non-Florida sources;

e. uses telephonic and internet transmissions going over state lines to do 

its business by transmitting funds outside the State of Florida; and,

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f. otherwise regularly engages in interstate commerce, particularly with 

respect to its customers and employees.

6. From August 10, 2022 through September 19, 2022, Defendant MAGNUM 152

has willfully violated the provisions of §7 of the Act [29 U.S.C. §207] by employing employees 

engaged in commerce for workweeks longer than 40 hours without compensating them for their 

employment in excess of 40 hours at rates not less than one and one-half times the regular rates 

at which they were employed: specifically MATARAZZO, during the entirety of his 

employment, has worked approximately 50 hours per week most weeks of his employment, but 

was paid a weekly salary of $865.39 intended to cover 45 hours, with no overtime compensation. 

Plaintiff estimates that he is owed approximately $192.30 ($865.39 divided by 45 times 0.5 times 

5 hours, plus $865.39 divided by 45 times 1.5 times 5 hours) per week for each of the 6 weeks of 

his employment, which is approximately $1,153.81, plus an equal amount for liquidated 

damages.1

7. The failure to pay overtime compensation to MATARAZZO is unlawful in that 

he was not exempted from the overtime provisions of the Act pursuant to the provisions of 29 

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

employee.

8. MAGNUM 152’s actions were willful and purposeful as it was well aware of the 

Fair Labor Standards Act and MATARAZZO’s status as non-exempt, but chose not to pay him 

in accordance with the Act.

9. MATARAZZO is entitled pursuant to 29 U.S.C. § 216(b), to recover from 

MAGNUM 152:

1 This amount is merely an estimate based on the information readily available to the Plaintiff and 

without the benefit of full time and pay records, which are in the possession of the Defendant. Once 

those records are obtained through discovery, Plaintiff will be able to calculate the precise amount of 

his unpaid overtime and liquidated damages. 

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a. All unpaid overtime that is due;

b. As liquidated damages, an amount equal to the unpaid overtime owed;

c. The costs of this action, and;

d. A reasonable attorney’s fee.

WHEREFORE, Plaintiff, NICHOLAS MATARAZZO, prays that this court will grant 

judgment against Defendant MAGNUM 152:

a. awarding MATARAZZO payment of overtime compensation found by 

the court to be due to him under the Act; 

b. awarding MATARAZZO an additional equal amount as liquidated 

damages;

c. awarding MATARAZZO his costs, including a reasonable attorney’s fee; 

and

d. granting such other and further relief as is just.

Jury Demand

Plaintiff demands trial by jury.

Dated: November 7, 2022

Plantation, Florida

Respectfully submitted,

/s/Robert S. Norell

Robert S. Norell, Esq. (Fla. Bar No. 996777)

E-Mail: rob@floridawagelaw.com

ROBERT S. NORELL, P.A.

300 N.W. 70th Avenue

Suite 305

Plantation, Florida 33317

Telephone: (954) 617-6017

Facsimile: (954) 617-6018

Counsel for NICHOLAS MATARAZZO

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