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UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA

FORT LAUDERDALE DIVISION

CASE NO.: 

CRISTOBAL MILLAN, 

and other similarly situated individuals, 

Plaintiff (s), 

 

v. 

 

R & L CARRIERS SHARED 

SERVICES, L.L.C.

ALEJANDRO G. PARDIEZ, 

individually, 

 

Defendant, 

_________________________________/ 

COMPLAINT

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

COMES NOW the Plaintiff CRISTOBAL MILLAN, and other similarly situated 

individuals, by and through the undersigned counsel, and hereby sues Defendant R & L 

CARRIERS SHARED SERVICES, L.L.C., and ALEJANDRO G. PARDIEZ, 

individually, and alleges: 

Jurisdiction Venues and Parties

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

retaliation under the laws of the United States. 

2. This Court has jurisdiction pursuant to the Fair Labor Standards Act, 29 U.S.C. § 201-

219 (Section 216 for jurisdictional placement) ("the Act"), and supplemental 

jurisdiction over Plaintiff's state law claims pursuant to 28 U.S.C. §§1332 and 1367. 

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3. Plaintiff CRISTOBAL MILLAN (hereinafter CRISTOBAL MILLAN, or Plaintiff) is

a resident of Broward County, Florida. Plaintiff is a covered employee for purposes of 

the Act.

4. Corporate Defendant R & L CARRIERS SHARED SERVICES, L.L.C. (hereinafter R 

& L CARRIERS, or Defendant) is a foreign for-profit corporation authorized to 

conduct business in the State of Florida. Defendant has a local place of business at 1000 

NW 209th Avenue, Pembroke Pines, Florida 33029, within the jurisdiction of this 

Court. Defendant 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)].

Defendant R & L CARRIERS is engaged in interstate commerce within the meaning 

of the Fair Labor Standards Act. 

5. The individual Defendant ALEJANDRO G. PARDIEZ is a co-worker of Plaintiff and 

an employee of R & L CARRIERS. Individual Defendant ALEJANDRO G. PARDIEZ 

resides in Broward County, Florida, and is otherwise sui juris. Defendant 

ALEJANDRO G. PARDIEZ is named in this Complaint only in reference to the 

Assault and Battery Counts.

6. All the actions raised in this Complaint took place in Broward County, Florida, within

the jurisdiction of this Honorable Court.

General Allegations

7. This cause of action is brought by Plaintiff as a collective action to recover from

Defendant half-time 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"), and on behalf of Plaintiff 

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and all other current and former employees similarly situated to Plaintiff ("the asserted 

class") who worked during one or more weeks on or after October 2019 (the "material 

time") without being properly compensated for overtime hours at the rate of time-anda-half their regular rate, for all hours worked in excess of forty (40) hours per week, at 

any time from three years prior to the filing of this Complaint and until a judgment is 

entered in this case. 

8. Corporate Defendant R & L CARRIERS is a freight shipping company providing 

complete logistic services, including air freight, ocean shipments, warehousing, and 

transportation services. 

9. Defendant R & L CARRIERS employed Plaintiff CRISTOBAL MILLAN from 

approximately May 19, 2018, to May 27, 2022, or more than four years. However, for 

FLSA purposes, the relevant employment period is 138 weeks (from October 05, 2019, 

to his last day of employment on or about May 27, 2022).

10. Plaintiff's last wage rate was $32.30 an hour. Plaintiff's overtime rate should be $48.45 

an hour. 

11. Plaintiff was hired to work at R & L CARRIERS' service center located at 1000 NW 

209th Avenue, Pembroke Pines, Florida 33029. 

12. Plaintiff was a full-time, non-exempted, hourly employee, working five days per week, 

more than 40 hours weekly. 

13. Plaintiff was classified as a Mechanic Tractor Shop Class AX. However, Plaintiff had 

duties as maintenance and serviceman, whose activities did not directly affect the safety 

of operation of motor vehicles in transportation on the public highways in interstate or 

foreign commerce.

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14. Plaintiff's work was confined to non-safety activities and included preventive 

maintenance such as checking batteries, filling radiators, checking, replacing, and

filling oil, gas, and grease, replacing filters, washing motors, etc. 

15. Plaintiff performed these activities on vehicles weighing more than 10,000 # and 

vehicles weighing less than 10,000 # during the same week. 

16. Consequently, Plaintiff was covered under the Small Vehicle Exemption of the Motor 

Carrier Act, and he was entitled to be paid for overtime hours as established by the Fair 

Labor Standards Act.

17. Moreover, Plaintiff had additional duties as a yard employee performing nondiscretionary work as a porter and watchman for the warehouse and as a janitor and 

cleaning employee. Plaintiff's duties included cleaning the shop, bathrooms, and 

cafeteria.

18. During his relevant time of employment, Plaintiff worked five days per week, a regular 

schedule. Plaintiff worked from Monday to Friday, the third shift, from 4:00 PM to 

3:30 AM (11.5 hours daily). Plaintiff completed 57.5 working hours weekly. Plaintiff 

was unable to take bonafide lunchtime.

19. Plaintiff was paid weekly for an average of 50 hours at his regular rate. The remaining 

7.5 overtime hours were not paid at any rate, not even at the minimum wage rate as 

required by law.

20. Plaintiff clocked in and out, and Defendant could track the number of hours worked by 

Plaintiff and other similarly-situated individuals. Defendant knew about the number of 

hours worked by Plaintiff and other similarly situated individuals. 

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

half his regular rate for every hour that he worked in excess of forty (40), in violation 

of Section 7 (a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 207(a)(1).

22. Plaintiff was paid weekly by direct deposits and paystubs that did not show the actual 

number of hours worked during the week.

23. Plaintiff never agreed with the number of hours and the rate paid to him. Plaintiff and

some co-workers complained to their superiors multiple times. 

24. On or about May 19, 2022, Plaintiff complained to supervisor Dale (LNU), GM Jack 

Hernandez, and Operation Manager Gino (LNU) for the last time. Plaintiff complained 

about incorrect payment for overtime hours.

25. Unfortunately, on or about May 26, 2022, there was an incident in which a co-worker, 

recently promoted to supervisor, committed assault and battery on Plaintiff. Plaintiff 

called the police

26. The next day, May 27, 2022, Plaintiff reported to work, but General Manager Jack 

Hernandez told Plaintiff to go home because he was suspended. Plaintiff obeyed and 

left the premises calmly. A short time later, GM Jack Hernandez called Plaintiff on his 

phone and informed him that he was fired.

27. On or about May 27, 2022, Defendant unfairly terminated Plaintiff. Plaintiff alleges 

that Defendant used the incident as a pretext to fire him. The real reason for his 

termination was his continuous complaints about unpaid overtime hours and Age 

discrimination. Plaintiff is in the process of filing his Charge of Discrimination with 

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

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28. Plaintiff is not in possession of time records, but he will provide a good faith estimate 

of the unpaid overtime hours based on a few paystubs which are in his possession. After 

proper discovery, Plaintiff will amend his Statement of Claim properly

29. Plaintiff CRISTOBAL MILLAN intends to recover overtime wages for every hour 

worked over 40 in a week, retaliatory damages, liquidated damages, and any other relief 

as allowable by law. 

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

former employees of Defendant who are and who were subject to the unlawful payroll 

practices and procedures of Defendant and were not paid regular or overtime wages at 

the rate of time and one half of their regular rate of pay for all overtime hours worked 

in excess of forty. 

31. In this Complaint, Plaintiff also brings a cause of action for Assault and Battery against 

the individual Defendant ALEJANDRO G. PARDIEZ and Battery and Negligent 

Retention against R & L CARRIERS. 

Collective Action Allegations

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

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

33. 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 every overtime hour worked at the rate of time and one-half their 

regular rate.

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34. This action is intended to include every heating and air mechanic, serviceman, 

warehouse employee, and any similarly situated individuals who worked for Defendant 

at any time during the past three (3) years. 

COUNT I: 

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

(a) (1) FAILURE TO PAY OVERTIME

35. Plaintiff CRISTOBAL MILLAN re-adopts every factual allegation as stated in 

paragraphs 1-30 and 32-34 above as if set out in full herein. 

36. This action is brought by Plaintiff and those similarly-situated 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 work week 

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." 

37. The Employer R & L CARRIERS, at all times pertinent to this Complaint, was engaged 

in interstate commerce within the meaning of the FLSA and as defined in §§ 3 (r) and 

3(s) of the Act, 29 U.S.C. § 203(r) and 203(s). Defendant is a transportation company

and, through its business activity, participates in interstate commerce. Defendant had 

more than two employees recurrently engaged in commerce or the production of goods 

or services for commerce. 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.

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38. Plaintiff was employed by an enterprise engaged in interstate commerce. Plaintiff's 

work for Defendant likewise affects interstate commerce. Plaintiff was a mechanic 

maintenance employee, and through his daily activities, he regularly handled or 

otherwise worked on goods and/or materials that had been moved across State lines at 

any time in the course of business. Therefore, there is FLSA individual coverage. 

39. Defendant R & L CARRIERS employed Plaintiff CRISTOBAL MILLAN from 

approximately May 19, 2018, to May 27, 2022, or more than four years. However, for 

FLSA purposes, the relevant employment period is 138 weeks (from October 05, 2019, 

to his last day of employment on or about May 27, 2022). 

40. Plaintiff's last wage rate was $32.30 an hour. Plaintiff's overtime rate should be $48.45 

an hour. 

41. Plaintiff was hired to work at R & L CARRIERS' service center located at 1000 NW 

209th Avenue, Pembroke Pines, Florida 33029. 

42. Plaintiff was a full-time, non-exempted, hourly employee, working five days per week, 

more than 40 hours weekly. 

43. Plaintiff was classified as a Mechanic Tractor Shop Class AX. However, Plaintiff had 

duties as maintenance and serviceman, whose activities did not directly affect the safety 

of operation of motor vehicles in transportation on the public highways in interstate or 

foreign commerce.

44. Plaintiff's work was confined to non-safety activities and included preventive 

maintenance such as checking batteries, filling radiators, checking and replacing filling 

oil, gas, grease, replacing filters, washing motors, etc. 

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45. Plaintiff performed these activities on vehicles weighing more than 10,000 # and 

vehicles weighing less than 10,000 # during the same week. 

46. Consequently, Plaintiff was covered under the Small Vehicle Exemption of the Motor 

Carrier Act, and he was entitled to be paid for overtime hours as established by the Fair 

Labor Standards Act.

47. Moreover, Plaintiff had additional duties as a yard employee performing nondiscretionary work as a porter and watchman for the warehouse and as a janitor and 

cleaning employee. Plaintiff's duties included cleaning the shop, bathrooms, and 

cafeteria.

48. During his relevant time of employment, Plaintiff worked five days per week, from 

Monday to Friday, the second shift, from 4:00 PM to 3:30 AM (11.5 hours daily). 

Plaintiff completed 57.5 working hours weekly. Plaintiff was unable to take bonafide 

lunchtime.

49. Plaintiff was paid weekly for an average of 50 hours at his regular rate. The remaining 

7.5 overtime hours were not paid at any rate, not even at the minimum wage rate as 

required by law.

50. Plaintiff clocked in and out, and Defendant could track the number of hours worked by 

Plaintiff and other similarly-situated individuals. Defendant knew about the number of 

hours worked by Plaintiff and other similarly situated individuals. 

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

half his regular rate for every hour that he worked in excess of forty (40), in violation 

of Section 7 (a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 207(a)(1).

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52. Plaintiff was paid weekly by direct deposits and paystubs that did not show the actual 

number of hours worked during the week. 

53. The records concerning the number of hours actually worked by Plaintiff and all other 

similarly situated employees and the compensation actually 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. 

54. Defendant violated the record-keeping requirements of FLSA, 29 CFR Part 516. 

55. 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 as required by the Fair Labor Standards Act. 

Accordingly, Defendant violated the Posting requirements of 29 USC § 516.4. 

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

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

follows:

* Please note that this amount is based on a preliminary calculation and that these 

figures are subjected to modifications as discovery could dictate. Plaintiff has taken as 

a base an average of 50 hours paid at his regular rate. After discovery, Plaintiff will 

amend his statement of claim accordingly. 

a. Total amount of alleged unpaid wages: 

Seventy-Two Thousand Four Hundred Thirty-Three Dollars and 44/100 ($72,433.44) 

b. Calculation of such wages: 

 Total weeks of employment: more than four years

 Total relevant week of employment: 138 weeks 

 Total of hours worked: 57.5 hours weekly 

Total Overtime hours: 17.5 O/T hours weekly 

Regular rate: $32.30 an hour x 1.5=$48.45 O/T rate 

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 O/T rate $48.45 an hour - $32.30 O/T rate paid= $16.15 half-time 

difference

 Half-time: $16.15 an O/T hour 

i. Half-time overtime for 10 hours paid at the $32.30 regular rate 

$16.15 x 10 O/T hours=$161.50 weekly x 138 weeks=$22,287.00 

ii. Overtime for 7.5 O/T hours paid at $0.00 

O/T $48.45 x 7.5 O/T hours=$363.38 weekly x 138 weeks=$50,146.44 

 Total i and ii : $72,433.44 

 

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

 This amount represents the unpaid overtime compensation 1

 

57. 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 pay them at the rate of time properly and one-half for all hours worked 

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

58. 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. 

59. Defendant R & L CARRIERS willfully and intentionally refused to pay Plaintiff 

overtime wages at the time and one-half his regular rate, as required by the law of the 

1 At this time, Plaintiff have limited time and payment records. Accordingly, Plaintiff estimates his 

damages and reserve the right to amend the calculations.

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United States, and remains owing Plaintiff these overtime wages since the 

commencement of Plaintiff's employment with Defendant as set forth above. 

60. Plaintiff CRISTOBAL MILLAN 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 CRISTOBAL MILLAN and those similarly situated respectfully 

request that this Honorable Court: 

A. Enter judgment for Plaintiff CRISTOBAL MILLAN and other similarly situated 

individuals and against Defendant R & L CARRIERS based on Defendant's willful 

violations of the Fair Labor Standards Act, 29 USC § 201 et seq.; and 

B. Award Plaintiff CRISTOBAL MILLAN 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. 

Demand for a Jury Trial

 Plaintiff CRISTOBAL MILLAN and those similarly situated demand a trial by a 

jury of all issues triable as a right by a jury.

COUNT II:

FEDERAL STATUTORY VIOLATION: RETALIATORY DISCHARGE;

PURSUANT TO 29 USC 215(a)(3)

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61. Plaintiff CRISTOBAL MILLAN re-adopts every factual allegation stated in 

paragraphs 1-30 and 32-34 of this Complaint as if set out in full herein.

62. The Employer R & L CARRIERS, at all times pertinent to this Complaint, was engaged 

in interstate commerce within the meaning of the FLSA and as defined in §§ 3 (r) and 

3(s) of the Act, 29 U.S.C. § 203(r) and 203(s). 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.

63. By virtue of working in interstate commerce, Plaintiff and those similarly situated

otherwise satisfy the Act's requirements. Therefore, there is FLSA enterprise coverage.

64. Defendant R & L CARRIERS' business activities involve those to which the Fair Labor 

Standards Act applies. 

65. 29 USC § 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..."

66. Likewise, 29 USC 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,......" 

67. Defendant R & L CARRIERS employed Plaintiff CRISTOBAL MILLAN from 

approximately May 19, 2018, to May 27, 2022, or more than four years. However, for 

FLSA purposes, the relevant employment period is 138 weeks (from October 05, 2019, 

to his last day of employment on or about May 27, 2022).

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68. Plaintiff's last wage rate was $32.30 an hour. Plaintiff's overtime rate should be $48.45 

an hour.

69. Plaintiff had duties as a mechanic performing preventive maintenance.

70. Plaintiff was a full-time, non-exempted, hourly employee, working five days per week, 

more than 40 hours weekly. 

71. Plaintiff performed these activities on vehicles weighing more than 10,000 # and 

vehicles weighing less than 10,000 # during the same week. 

72. Consequently, Plaintiff was covered under the Small Vehicle Exemption of the Motor 

Carrier Act, and he was entitled to be paid for overtime hours as established by the Fair 

Labor Standards Act.

73. During his relevant time of employment, Plaintiff worked five days per week, a total 

of 57.5 working hours weekly. Plaintiff was unable to take bonafide lunchtime.

74. Plaintiff was paid weekly for an average of 50 hours at his regular rate. The remaining 

7.5 overtime hours were not paid at any rate, not even at the minimum wage rate as 

required by law.

75. Plaintiff clocked in and out, and Defendant could track the number of hours worked by 

Plaintiff and other similarly-situated individuals. Defendant knew about the number of 

hours worked by Plaintiff and other similarly situated individuals. 

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

half his regular rate for every hour that he worked in excess of forty (40), in violation 

of Section 7 (a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 207(a)(1).

77. Plaintiff was paid weekly by direct deposits and paystubs that did not show the actual 

number of hours worked during the week.

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78. Plaintiff never agreed with the number of hours and the rate paid to him. Plaintiff and 

some co-workers complained to their superiors multiple times. 

79. These complaints constituted protected activity under the FLSA.

80. On or about May 19, 2022, supervisor Dale (LNU), GM Jack Hernandez, and Operation 

Manager Gino (LNU) met with Plaintiff and congratulated Plaintiff on his 4th

anniversary as an employee at the shop. Plaintiff took the opportunity to request a wage 

rate increase, and he also complained about the incorrect payment for overtime hours.

Plaintiff's superiors promised to fix the problem. 

81. This complaint constituted protected activity under the FLSA.

82. Unfortunately, on or about May 26, 2022, there was an incident in which a co-worker, 

recently promoted to supervisor, committed assault and battery on Plaintiff. Plaintiff 

called the police. Plaintiff's superiors got very upset about the police report. 

83. The next day, May 27, 2022, Plaintiff reported to work, but General Manager Jack 

Hernandez told Plaintiff to go home because he was suspended. Plaintiff obeyed and 

left the premises calmly. However, a short time later, GM Jack Hernandez called 

Plaintiff over the phone to inform him that he was fired.

84. On or about May 27, 2022, Defendant unfairly terminated Plaintiff. Plaintiff alleges 

that Defendant used the incident as a pretext to fire him. The real reason for his 

termination was his continuous complaints about unpaid overtime hours and 

discrimination. Plaintiff is in the process of filing his Charge of Discrimination with 

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

85. At the time of his termination, Plaintiff was performing the essential functions of his 

position satisfactorily. There was no other reason than retaliation to fire him.

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86. There is proximity between Plaintiff's protected activity and his termination.

87. The motivating factor which caused Plaintiff's discharge, as described above, was his

complaints seeking unpaid overtime wages from Defendant. In other words, Plaintiff 

would not have been fired but for his complaints about unpaid overtime wages. 

88. Defendant's termination of Plaintiff was in direct violation of 29 USC 215 (a)(3), and, 

as a direct result, Plaintiff has been damaged.

89. 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 CRISTOBAL MILLAN respectfully requests that this Honorable 

Court: 

A. Issue a declaratory judgment that Defendant's acts, policies, practices, and procedures 

complained of herein violated provisions of the Fair Labor Standards Act; 

B. Enter judgment against Defendant R & L CARRIERS that Plaintiff CRISTOBAL 

MILLAN recovers compensatory damages and an equal amount of liquidated damages 

as provided under the law and in 29 USC § 216(b); 

C. That Plaintiff recovers an award of reasonable attorney fees, costs, and expenses. 

D. Order Defendant R & L CARRIERS to make Plaintiff whole by providing appropriate 

back pay and other benefits wrongly denied in an amount to be shown at trial and other 

affirmative relief; 

E. Plaintiff CRISTOBAL MILLAN further prays for such additional relief as the interests 

of justice may require. 

Demand for a Jury Trial

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Plaintiff CRISTOBAL MILLAN demands a trial by a jury of all issues triable as a right 

by a jury. 

COUNT III:

"ASSAULT" AGAINST ALEJANDRO G. PARDIEZ.

90. Plaintiff re-adopts every factual allegation as stated in paragraphs 1-6 of this Complaint 

as if set out in full herein.

91. This action arises under the laws of the United States.

92. At all times material hereto, Plaintiff CRISTOBAL MILLAN was employed by R & L 

CARRIERS as a mechanic/serviceman. 

93. At all times material hereto, Defendant ALEJANDRO G. PARDIEZ was employed by 

R & L CARRIERS as a mechanic/supervisor. 

94. At all times relevant hereto, CRISTOBAL MILLAN and ALEJANDRO G. PARDIEZ

were both employees of R & L CARRIERS and were co-workers working at the same 

facility. 

95. Plaintiff CRISTOBAL MILLAN began to have problems with Defendant 

ALEJANDRO G. PARDIEZ as soon as Defendant started to work at R & L 

CARRIERS' service center, where Plaintiff worked, at the end of 2020. 

96. Defendant ALEJANDRO G. PARDIEZ harassed Plaintiff due to his age.

97. Plaintiff reported to his superiors the wrongful conduct of Defendant multiple times. 

However, the Employer did not take adequate preventive measurements 

98. Co-worker ALEJANDRO G. PARDIEZ assaulted Plaintiff in repetitive incidents. 

99. Defendant ALEJANDRO G. PARDIEZ made threats of bodily injury directed towards 

Plaintiff multiple times. 

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100. Defendant, ALEJANDRO G. PARDIEZ proceeded to carry out his threats of bodily 

harm towards Plaintiff CRISTOBAL MILLAN on May 26, 2022. 

101. On May 26, 2022, while Plaintiff was at the workplace, he had an argument with 

ALEJANDRO G. PARDIEZ. This individual wearing brass knuckles hit Plaintiff in 

the left ribs causing him trunk-chest injury. 

102. As a consequence of the police report made by Plaintiff, the next day Defendant 

fired Plaintiff. See Exhibit "A". 

103. Said threats, behavior, and aggressive conduct by Defendant directed towards Plaintiff 

were carried out under such circumstances so as to cause Plaintiff emotional distress 

and/or create a well-founded fear of imminent peril. 

104. At all times, Plaintiff reasonably believed that Defendant had the ability to carry out 

the threats of bodily harm directed towards him. 

105. Defendant ALEJANDRO G. PARDIEZ intended to cause and did cause Plaintiff 

to suffer apprehension of immediate harmful contact. 

106. As a direct and proximate result of Defendant ALEJANDRO G. PARDIEZ' 

intentional and reckless behavior, as referenced above, Plaintiff CRISTOBAL MILLAN

has suffered bodily injury and severe emotional distress. Moreover, Plaintiff was 

physically and psychologically harmed, humiliated, threatened, and unlawfully 

terminated.

Prayer For Relief

107. Wherefore, Plaintiff CRISTOBAL MILLAN respectfully demands 

judgment against Defendant ALEJANDRO G. PARDIEZ for damages for past and 

future lost earnings, compensatory damages, punitive damages, court costs, Attorney's 

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fees pursuant to Fla. Stat. § 57.105 and for any and all other relief that this Court may 

deem and proper. 

Demand for a Jury Trial

Plaintiff CRISTOBAL MILLAN demands a trial by a jury of all issues triable as a right 

by a jury. 

COUNT IV:

BATTERY AGAINST ALEJANDRO G. PARDIEZ

108. Plaintiff CRISTOBAL MILLAN re-states and re-alleges paragraphs 1–6 and 90-

107 as if set forth in full herein.

109. This action arises under the laws of the United States.

110. At all times material hereto, Plaintiff CRISTOBAL MILLAN was employed by R 

& L CARRIERS as a mechanic/serviceman. 

111. At all times material hereto, Defendant ALEJANDRO G. PARDIEZ was employed 

by R & L CARRIERS as a mechanic/supervisor. 

112. At all times relevant hereto, CRISTOBAL MILLAN and ALEJANDRO G. 

PARDIEZ were both employees of R & L CARRIERS and were co-workers working 

at the same facility. 

113. Plaintiff CRISTOBAL MILLAN began to have problems with Defendant 

ALEJANDRO G. PARDIEZ as soon as Defendant began to work at R & L CARRIERS' 

service center, where Plaintiff worked, at the end of 2020. 

114. Defendant ALEJANDRO G. PARDIEZ harassed Plaintiff due to his age.

115. Plaintiff reported to his superiors the wrongful conduct of Defendant multiple 

times. However, the Employer did not take adequate preventive measurements 

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116. On or about May 26, 2022, co-worker and supervisor ALEJANDRO G. PARDIEZ

proceeded to carry out his threats of bodily harm towards Plaintiff CRISTOBAL 

MILLAN. 

117. On May 26, 2022, while Plaintiff was at the workplace, he argued with 

ALEJANDRO G. PARDIEZ. This individual wearing brass knuckles hit Plaintiff in 

the left ribs, causing him a trunk-chest injury. 

118. Defendant ALEJANDRO G. PARDIEZ intended to cause and did cause Plaintiff 

harmful contact with his person in plain view of security cameras. Plaintiff called the 

police.

119. ALEJANDRO G. PARDIEZ deliberately intended to injure Plaintiff. 

ALEJANDRO G. PARDIEZ engaged in conduct that he knew virtually certain to result 

in injury or death to Plaintiff.

120. Plaintiff CRISTOBAL MILLAN did not consent to ALEJANDRO G. PARDIEZ' 

acts.

121. As a consequence of the police report made by Plaintiff, the next day Defendant 

fired Plaintiff. See Exhibit "A." 

122. That as a direct and proximate result of Defendant ALEJANDRO G. PARDIEZ' 

intentional and reckless behavior as referenced above, Plaintiff CRISTOBAL MILLAN

has been caused to suffer bodily injury and severe emotional distress. Moreover, Plaintiff 

was physically and psychologically harmed, humiliated, threatened, and unlawfully 

terminated.

123. Defendant ALEJANDRO G. PARDIEZ' acts were done knowingly, willfully, and 

with malicious intent, and Plaintiff is entitled to punitive damages.

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Prayer For Relief

124. Wherefore, Plaintiff CRISTOBAL MILLAN demands judgment against Defendant 

ALEJANDRO G. PARDIEZ, for damages, for past and future lost earnings, 

compensatory damages, punitive damages, court costs, Attorney's fees pursuant to Fla. 

Stat. § 57.105 and for any other relief that this Court may deem just and proper.

Demand for a Jury Trial

Plaintiff CRISTOBAL MILLAN demands a trial by a jury of all issues triable as a right 

by a jury. 

COUNT V:

BATTERY AGAINST R & L CARRIERS

125. Plaintiff CRISTOBAL MILLAN re-states and re-alleges paragraphs 1-6 and 108-

124 as if set forth in full herein.

126. At all times material hereto, Plaintiff CRISTOBAL MILLAN was employed by R 

& L CARRIERS as a mechanic/serviceman. 

127. At all times, Defendant ALEJANDRO G. PARDIEZ was employed by R & L 

CARRIERS as a mechanic/supervisor. 

128. At all times relevant hereto, CRISTOBAL MILLAN and ALEJANDRO G. 

PARDIEZ were both employees of R & L CARRIERS and were co-workers working 

at the same facility. 

129. Defendant, R & L CARRIERS'S employee/agent, ALEJANDRO G. PARDIEZ, 

while acting within the scope of his employment, intended to cause and did cause 

Plaintiff CRISTOBAL MILLAN, harmful contact with his person. Plaintiff 

CRISTOBAL MILLAN did not consent to ALEJANDRO G. PARDIEZ' acts.

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130. ALEJANDRO G. PARDIEZ made threats of bodily injury directed towards 

Plaintiff CRISTOBAL MILLAN. He intended to cause and did cause Plaintiff to suffer 

apprehension of immediate harmful contact. 

131. Co-worker ALEJANDRO G. PARDIEZ committed assault and battery on Plaintiff 

in repetitive incidents. ALEJANDRO G. PARDIEZ (39 years old) verbally and 

physically attacked Plaintiff on multiple occasions. ALEJANDRO G. PARDIEZ 

discriminated against, insulted, and physically restrained Plaintiff CRISTOBAL 

MILLAN based on his age (62 years). 

132. Plaintiff reported to his superiors the abusive conduct of ALEJANDRO G. 

PARDIEZ many times. Defendant R & L CARRIERS did not take any adequate 

preventive measures to stop the violent behavior of his employee ALEJANDRO G. 

PARDIEZ.

133. At all times material hereto, Plaintiff CRISTOBAL MILLAN reasonably believed 

that co-worker ALEJANDRO G. PARDIEZ had the ability to carry out the threats of 

bodily harm directed towards him and his family. 

134. Said threats, behavior, and aggressive conduct by ALEJANDRO G. PARDIEZ

directed towards Plaintiff were carried out under such circumstances to cause Plaintiff 

emotional distress and/or create a well-founded fear of imminent peril. 

135. On or about May 26, 2022, ALEJANDRO G. PARDIEZ proceeded to carry out his 

threats of bodily harm toward Plaintiff. 

136. While Plaintiff was at the workplace, he had an argument with ALEJANDRO G. 

PARDIEZ. This individual, with a closed fist and wearing brass knuckles, hit Plaintiff 

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in the left ribs, causing him a trunk-chest injury. Other workers intervened to stop the 

attack.

137. Defendant ALEJANDRO G. PARDIEZ intended to cause and did cause Plaintiff 

harmful contact with his person in plain view of security cameras. 

138. In fear for his life, Plaintiff called 911. General Manager Jack Hernandez and 

Supervisor Anthony Tejada reprimanded Plaintiff because of his call. 

139. When the police arrived, Plaintiff was not allowed to give his statement about the 

incident. So first, Supervisor Anthony Tejada and GM Jack Hernandez talked to the 

police. 

140. Defendant R & L CARRIERS is jointly liable for the damages caused by its 

employee ALEJANDRO G. PARDIEZ for Defendant's failure to address or otherwise 

prevent ALEJANDRO G. PARDIEZ from threatening or carrying out his threats of 

harm towards Plaintiff. 

141. Defendant R & L CARRIERS is subject to vicarious liability because the attack on 

Plaintiff CRISTOBAL MILLAN happened during and within the course and scope of 

his employment with Defendant R & L CARRIERS 

142. That as a direct and proximate result of Defendant R & L CARRIERS intentional 

and reckless behavior as referenced above, Plaintiff CRISTOBAL MILLAN has been 

caused to suffer bodily injury and severe emotional distress. Moreover, Plaintiff was 

physically and psychologically harmed, humiliated, threatened, and unlawfully 

terminated.

143. Defendant R & L CARRIERS' acts were done knowingly, willfully, and with 

malicious intent, and Plaintiff is entitled to punitive damages. 

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Prayer For Relief

144. Wherefore, Plaintiff CRISTOBAL MILLAN demands judgment against 

Defendant R & L CARRIERS for damages, past and future lost earnings, 

compensatory damages, punitive damages, court costs, Attorney's fees pursuant to Fla. 

Stat. § 57.105 and for any and all other relief that this Court may deem and proper. 

Demand for a Jury Trial

Plaintiff CRISTOBAL MILLAN demands a trial by a jury of all issues triable as a right 

by a jury. 

COUNT VI:

NEGLIGENT RETENTION AGAINST R & L CARRIERS

145. Plaintiff re-adopts every factual allegation as stated in paragraphs 1-6 and 108-143 

of this Complaint as if set out in full herein.

146. This is an action against R & L CARRIERS for negligent retention. 

147. Defendant R & L CARRIERS employed Plaintiff CRISTOBAL MILLAN from 

approximately May 19, 2018, to May 27, 2022, or more than four years. 

148. Plaintiff was hired as a mechanic to work at R & L CARRIERS' service center 

located at 1000 NW 209th Avenue, Pembroke Pines, Florida 33029. 

149. During his employment with Defendant R & L CARRIERS, Plaintiff was forced to 

endure continued, unrelenting, abusive treatment at the hands of a co-worker named

ALEJANDRO G. PARDIEZ. 

150. ALEJANDRO G. PARDIEZ (39 years old) harassed, insulted, assaulted, and 

battered Plaintiff CRISTOBAL MILLAN (62 years old) based on his age, on numerous 

occasions. This individual acted intentionally and/or recklessly in a manner calculated 

to inflict severe emotional distress upon Plaintiff.

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151. On or about July 02, 2021, Defendant's employee ALEJANDRO G. PARDIEZ was 

involved in an incident in which Plaintiff almost lost his life due to a gas propane leak. 

Someone intentionally opened a forklift tank valve in the area where Plaintiff was 

working. Plaintiff was severely affected, and he required medical attention. First 

responders were called to the workplace.

152. Plaintiff reported to his superiors many times about the wrongful conduct of 

ALEJANDRO G. PARDIEZ. 

153. These complaints put Defendant on notice of ALEJANDRO G. PARDIEZ' 

violence and wrong behavior. 

154. Plaintiff exhausted all reasonable remedies to get help. However, Defendant R & L 

CARRIERS did not take effective measures to stop ALEJANDRO G. PARDIEZ. 

Plaintiff's efforts to be safe, free of harassment and retaliation, and to keep his job were 

unavailing. 

155. Finally, on or about May 26, 2022, ALEJANDRO G. PARDIEZ, with a closed fist 

and wearing brass knuckles, hit Plaintiff in the left ribs, causing him a trunk-chest 

injury. Other workers intervened to stop the attack.

156. Defendant ALEJANDRO G. PARDIEZ intended to cause and did cause Plaintiff 

harmful contact with his person in plain view of security cameras. 

157. In fear for his life, Plaintiff called 911. General Manager Jack Hernandez and 

Supervisor Anthony Tejada reprimanded Plaintiff because of his call. 

158. As a consequence of this incident, Defendant R & L CARRIERS suspended and 

terminated Plaintiff. 

159. R & L CARRIERS owed Plaintiff CRISTOBAL MILLAN a duty of care to 

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prevent and prohibit the unlawful, violent, hostile, intimidating, offensive, and 

demeaning work environment caused by its employee, such as the individually named 

ALEJANDRO G. PARDIEZ identified herein. 

160. This duty of care further includes the prohibition and elimination of any kind of 

harassment, discrimination, retaliation, and violence in Plaintiff's work environment.

161. This duty also includes the proper investigation and background checks on 

employees and training employees concerning behavior and practices acceptable in the 

workplace.

162. R & L CARRIERS breached its duty by failing to take further action, such as 

complete investigations, discharge, or reassignments. 

163. Moreover, R & L CARRIERS failed to have any adequate system for the 

investigation of Plaintiff's harassment, assault, and battery complaints and said 

complaints went unanswered and were not properly investigated.

164. In light of Defendant ALEJANDRO G. PARDIEZ' unsuitability for employment, 

it was unreasonable for Defendant R & L CARRIERS to retain ALEJANDRO G. 

PARDIEZ as an employee.

165. In short, R & L CARRIERS stood by and watched the known abusive and violent

practices complained of herein continue and failed to do anything about it. Despite the 

fact that actual or constructive knowledge of the events complained of herein,

166. Defendant R & L CARRIERS failed to investigate, failed to take action on 

complaints that were made, and failed to provide any remedial assistance to Plaintiff 

whatsoever.

167. As a direct and proximate result of Defendant's negligence, Plaintiff has suffered 

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bodily injury and severe emotional distress, mental pain and suffering, embarrassment, 

and humiliation. 

168. Plaintiff has no plain, adequate, or complete remedy at law. He is suffering and 

will continue to suffer irreparable injury in the form of psychiatric and psychological 

harm, extreme emotional distress, emotional pain, mental anguish and humiliation, loss 

of dignity, loss of enjoyment of life, and past and future medical expenses. 

Prayer For Relief

Wherefore, Plaintiff CRISTOBAL MILLAN respectfully requests this Court:

A. Award Plaintiff CRISTOBAL MILLAN judgment against Defendant R & L 

CARRIERS for compensatory damages as determined by the trier of fact. 

B. Award Plaintiff restitutionary damages, including back pay, front pay, and liquidated 

damages.

C. Enter Judgment for Punitive damages against Defendant R & L CARRIERS.

D. Award all reasonable Attorney's fees and costs incurred in connection with this action; 

and any other and further relief as justice may require.

Demand for a Jury Trial

Plaintiff CRISTOBAL MILLAN demands a trial by a jury of all issues triable as a 

right by a jury. 

 Dated: November 22, 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 

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 Telephone: (305) 446-1500

 Facsimile: (305) 446-1502

 zep@thepalmalawgroup.com

 Attorney for Plaintiff

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