Page 1

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO.: 

MARGI RODRIGUEZ TRAVIESO

 Plaintiff,

vs.

TRACIA, LLC, a Florida Limited Liability

Company, MARCELO O LEO, individually and

ANDREA F IMBRIALE, individually

 Defendants.

________________________________________/

COMPLAINT

Plaintiff MARGI RODRIGUEZ TRAVIESO (hereinafter “Plaintiff”) by and through her 

undersigned attorney, hereby sues Defendants TRACIA, LLC, a Florida Limited Liability 

Company (hereinafter "TRACIA”) and MARCELO O. LEO (hereinafter “LEO”), individually and 

ANDREA F. IMBRIALE, individually (hereinafter “IMBRIALE”) (collectively “Defendants”) 

and states as follows:

JURISDICTION AND VENUE

1. This is an action for damages and other relief for unpaid wages and unpaid overtime 

committed by Defendants pursuant to the Fair Labor Standards Act, 29 U.S.C. §§ 201, et seq. 

(hereinafter the “Fair Labor Standards Act”, the “FLSA” or the “Act”).

2. Jurisdiction is conferred upon this Court pursuant to 29 U.S.C. § 216(b), 28 U.S.C. § 1331, 

and 28 U.S.C. § 1367.

3. Venue is proper for the United States Court for the Southern District of Florida because 

Plaintiff was employed in the Southern District of Florida by Defendants, which at all material 

times conducted, and continues to conduct, business in the Southern District of Florida, and 

Case 1:22-cv-23965-XXXX Document 1 Entered on FLSD Docket 12/06/2022 Page 1 of 9
Page 2

because the acts that give rise to Plaintiff’s claims occurred within the Southern District of 

Florida and because Defendants are subject to personal jurisdiction there.

4. Plaintiff at all times pertinent to this complaint resided within the Southern District of Florida. 

Plaintiff is over the age of eighteen and otherwise sui juris. 

PARTIES

5. During all times relevant to this Complaint, Plaintiff was employed by Defendants. 

Specifically, Plaintiff performed work for Defendants as [ from on or about 12/19/2020 until 

on or about 06/10/2022. Plaintiff was therefore an employee as defined by 29 U.S.C. § 203(e).

6. TRACIA is a Florida Limited Liability Company organized and existing under and by virtue 

of the laws of Florida and was registered to do business within Florida. TRACIA has its 

principal place of business in Miami, Florida. TRACIA had, at all times material hereto, 

conducted substantial and continuous business within the Southern District of Florida, and is 

subject to the laws of the United States and the State of Florida.

7. TRACIA 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.

1. Specifically, TRACIA is a company that operates a restaurant where they use goods 

transported across interstate lines. Plaintiff worked as a cook on the line.

8. At all times material to this Complaint, TRACIA has had two (2) or more employees who 

have regularly sold, handled, or otherwise worked on goods and/or material that have been 

moved in or produced for commerce.

Case 1:22-cv-23965-XXXX Document 1 Entered on FLSD Docket 12/06/2022 Page 2 of 9
Page 3

9. TRACIA upon knowledge and belief, has had gross revenue which exceeds $500,000 for each 

of the past three (3) years and utilizes goods in the flow of commerce across state lines.

10. Defendants IMBRIALE and LEO are managers and owners of TRACIA and exercised 

operational control over the activities of, corporate Defendant, TRACIA.

11. Defendants IMBRIALE and LEO acted directly in the interest of their company, TRACIA. 

Upon all available information, ANDREA F. IMBRIALE, controlled the manner in which 

Plaintiff performed her work, and the pay she was to receive. 

12. All Defendants were “employers” of Plaintiff as the term is defined under 29 U.S.C. § 203(d). 

13. All other conditions precedent to this action have been performed or have been waived. 

GENERAL ALLEGATIONS COMMON TO ALL COUNTS

14. Plaintiff is a non-exempt employee of Defendants and is subject to the payroll practices and 

procedures set forth hereinafter, and who worked more than forty (40) hours during one of 

more workweeks within three (3) years of the filing of this complaint.

15. Plaintiff began working for Defendants on December 19, 2020 as a Cook. Her primary duties 

were preparing the food for the customers. 

16. During the course of her employment, Plaintiff worked between 70-80 hours per workweek. 

Plaintiff earned $15/hour. However, Plaintiff was not compensated at the rate of time and half 

for all the hours worked over 40 in a workweek.

17. A review of the pay stubs in which Plaintiff has in her current possession, custody, and control 

reflect that Plaintiff was issued a company check claiming to compensate her at her regular 

rate for all hours worked in a particular pay period.

Case 1:22-cv-23965-XXXX Document 1 Entered on FLSD Docket 12/06/2022 Page 3 of 9
Page 4

18. At all times pertinent to this action, Defendants failed to comply with 29 U.S.C. §§ 201 – 219 

in that Plaintiff performed services for Defendants for which no provision was made to 

properly pay for those hours worked over forty (40) in a given workweek.

19. Defendants and their representatives knew that Plaintiff was working overtime, and that federal 

law requires employees to be compensated at time and one-half per hour for overtime pay.

20. Defendants maintained complete control over the hours Plaintiff worked and the pay she was 

to receive. 

21. Plaintiff has retained the undersigned firm to prosecute this action on her behalf and has agreed 

to pay it a reasonable fee for its services.

22. Plaintiff is entitled to her reasonable attorneys’ fees and costs if she is the prevailing party in 

this action.

COUNT I

VIOLATION OF FLSA/OVERTIME against TRACIA

23. Plaintiff, re-alleges and reaffirms paragraphs 1 through 22 as if fully set forth herein.

24. This action is brought by Plaintiff to recover from Defendant TRACIA 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., 29 U.S.C. § 207 (a)(1) states 

“[n]o 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 abovespecified at a rate not less than one and a half times the regular rate at which he is employed.”

25. Since the commencement of Plaintiff’s employment TRACIA has willfully violated the 

provisions of § 7 of the FLSA [29 U.S.C. § 207] by having employees working for longer than 

forty (40) hours without properly compensating them for all hours overtime hours at a rate not 

less than one- and one-half times their regular rate.

Case 1:22-cv-23965-XXXX Document 1 Entered on FLSD Docket 12/06/2022 Page 4 of 9
Page 5

26. Specifically, throughout her employment Plaintiff worked over forty (40) hours during some 

of the workweeks in which she was employed. 

27. TRACIA is and was, during all times hereafter mentioned, an enterprise engaged in commerce 

or in the production of goods for commerce as defined in §§ 3 (r) and 3(s) of the FLSA, 29 

U.S.C. § 203(r) and 203(s). TRACIA’s business activities involve those to which the Fair 

Labor Standards Act applies. 

28. Plaintiff was not exempted from the overtime provision of the Act pursuant to the provisions 

of the Act, 29 U.S.C. § 213(a), in that she was neither a bona fide executive, administrative, 

or professional employee. Plaintiff performed manual labor as a cook and did not have 

decision-making authority.

29. TRACIA has knowingly and willfully failed to pay Plaintiff at time and one half of her regular 

rate of pay for all hours worked in excess of forty (40) per week between the relevant time 

period.

30. By reason of the said intentional, willful, and unlawful acts of TRACIA, Plaintiff has suffered 

damages plus incurring costs and reasonable attorneys' fees.

31. Plaintiff seeks to recover for unpaid wages accumulated within three (3) years of the filing of 

this complaint.

32. As a result of TRACIA’s willful violations of the Act, Plaintiff is entitled to liquidated 

damages.

33. Plaintiff has retained the undersigned counsel to represent she in this action, and pursuant to 

29 U.S.C. § 216(b), Plaintiff is entitled to recover all reasonable attorneys' fees and costs 

incurred in this action from TRACIA.

WHEREFORE, Plaintiff respectfully prays for the following relief against TRACIA:

Case 1:22-cv-23965-XXXX Document 1 Entered on FLSD Docket 12/06/2022 Page 5 of 9
Page 6

A. Adjudge and decree that Defendant has violated the FLSA and has done so willfully, 

intentionally and with reckless disregard for Plaintiff’s rights;

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

compensation for hours worked in excess of forty (40) weekly, with interest; and

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

D. Award Plaintiff the costs of this action, together with a reasonable attorneys' fees; and

E. Grant Plaintiff such additional relief as the Court deems just and proper under the 

circumstances.

COUNT II

VIOLATION OF FLSA/OVERTIME against IMBRIALE

34. Plaintiff, re-alleges and reaffirms paragraphs 1 through 22 as if fully set forth herein.

35. At the times mentioned, Defendant IMBRIALE was, and is now, a corporate officer of 

corporate Defendant, TRACIA.

36. IMBRIALE was an employer of Plaintiff within the meaning of Section 3(d) of the Fair Labor 

Standards Act [29 U.S.C. § 203(d)], in that IMBRIALE acted directly in the interests of 

TRACIA in relation to its employees including Plaintiff. 

37. Specifically, IMBRIALE supervised Plaintiff, determined company payroll decisions, and 

maintained the right to hire and fire Plaintiff during all pertinent times hereto. 

38. IMBRIALE had operational control of the business and is thus jointly liable for Plaintiff’s 

damages.

39. Defendant IMBRIALE willfully and intentionally refused to properly pay Plaintiff overtime 

wages as required by the law of the United States as set forth above and remains owing Plaintiff 

these wages since the commencement of Plaintiff’s employment with Defendants as set forth 

above. 

Case 1:22-cv-23965-XXXX Document 1 Entered on FLSD Docket 12/06/2022 Page 6 of 9
Page 7

40. By reason of the said intentional, willful and unlawful acts of IMBRIALE, Plaintiff has 

suffered damages plus incurring costs and reasonable attorneys' fees.

41. As a result of IMBRIALE willful violations of the Act, Plaintiff is entitled to liquidated 

damages.

WHEREFORE, Plaintiff respectfully prays for the following relief against Defendant IMBRIALE: 

A. Adjudge and decree that IMBRIALE has violated the FLSA and has done so willfully, 

intentionally and with reckless disregard for Plaintiff’s rights;

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

compensation for hours worked in excess of forty (40) weekly, with interest; and

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

D. Award Plaintiff the costs of this action, together with a reasonable attorneys' fees; and

E. Grant Plaintiff such additional relief as the Court deems just and proper under the 

circumstances.

COUNT III

VIOLATION OF FLSA/OVERTIME against LEO

42. Plaintiff, re-alleges and reaffirms paragraphs 1 through 22 as if fully set forth herein.

43. At the times mentioned, Defendant LEO was, and is now, a corporate officer of corporate 

Defendant, TRACIA.

44. LEO was an employer of Plaintiff within the meaning of Section 3(d) of the Fair Labor 

Standards Act [29 U.S.C. § 203(d)], in that LEO acted directly in the interests of TRACIA in 

relation to its employees including Plaintiff. 

45. Specifically, LEO supervised Plaintiff, determined company payroll decisions, and maintained 

the right to hire and fire Plaintiff during all pertinent times hereto. 

46. LEO had operational control of the business and is thus jointly liable for Plaintiff’s damages.

Case 1:22-cv-23965-XXXX Document 1 Entered on FLSD Docket 12/06/2022 Page 7 of 9
Page 8

47. Defendant LEO willfully and intentionally refused to properly pay Plaintiff overtime wages as 

required by the law of the United States as set forth above and remains owing Plaintiff these 

wages since the commencement of Plaintiff’s employment with Defendants as set forth above. 

48. By reason of the said intentional, willful and unlawful acts of LEO, Plaintiff has suffered 

damages plus incurring costs and reasonable attorneys' fees.

49. As a result of LEO willful violations of the Act, Plaintiff is entitled to liquidated damages.

WHEREFORE, Plaintiff respectfully prays for the following relief against Defendant LEO: 

A. Adjudge and decree that LEO has violated the FLSA and has done so willfully, 

intentionally and with reckless disregard for Plaintiff’s rights;

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

compensation for hours worked in excess of forty (40) weekly, with interest; and

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

D. Award Plaintiff the costs of this action, together with a reasonable attorneys' fees; and

E. Grant Plaintiff such additional relief as the Court deems just and proper under the 

circumstances.

SPACE LEFT INTENTIONALLY BLANK

Case 1:22-cv-23965-XXXX Document 1 Entered on FLSD Docket 12/06/2022 Page 8 of 9
Page 9

DEMAND FOR JURY TRIAL

Plaintiff, MARGI RODRIGUEZ TRAVIESO demands trial by jury on all issues and all counts of 

this Complaint so triable as a matter of right.

Dated: December 6, 2022

PEREGONZA THE ATTORNEYS, PLLC

5201 Blue Lagoon Drive, 

Suite 290

Miami, FL 33126

Tel. (786) 650-0202

Fax. (786) 650-0200

By: /s/ Nathaly Saavedra

Nathaly Saavedra, Esq. 

Fla. Bar No. 118315

Email: nathaly@peregonza.com

By: /s/ Juan J. Perez

Juan J. Perez, Esq. 

Fla. Bar No. 115784

Email: juan@peregonza.com

Case 1:22-cv-23965-XXXX Document 1 Entered on FLSD Docket 12/06/2022 Page 9 of 9