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GALLUP AUERBACH • 4000 Hollywood Blvd, Suite 265 South • Hollywood, FL 33021• Tel: 954.894.3035 • Web: gallup-law.com

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO.: 22-cv-62295

LISA ALLEN,

Plaintiffs,

v.

BROWARD CHILDRENS CENTER, INC.

Defendants.

 /

COMPLAINT AND DEMAND FOR JURY TRIAL

Plaintiff, LISA ALLEN, brings this action against Defendant, BROWARD CHILDRENS 

CENTER, INC. to recover overtime compensation, liquidated damages, and costs and reasonable 

attorneys’ fees under the provisions of the Fair Labor Standards Act, 29 U.S.C. § 216(b) (“FLSA”). 

In support thereof, Plaintiff states as follows:

PARTIES

1. Plaintiff is an individual who resides in Broward County, Florida and is a former 

employee of the Defendant.

2. Defendant, BROWARD CHILDRENS CENTER, INC., is a non-profit organization 

that provides programs for infants, children, and young adults who are disabled and has offices in 

Broward County, Florida.

3. Defendant, directly or indirectly acted in the interest of an employer toward Plaintiff

at all material times, including without limitation, directly or indirectly controlling the terms of 

employment and compensation of Plaintiff.

4. At all times pertinent to this Complaint, Defendant regularly owned and operated a 

business engaged in commerce or in the production of goods for commerce as defined in §§ 3(r) and 

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

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GALLUP AUERBACH • 4000 Hollywood Blvd, Suite 265 South • Hollywood, FL 33021• Tel: 954.894.3035 • Web: gallup-law.com

5. At all times pertinent to this Complaint, Plaintiff’s work activities involved commerce 

such that Plaintiff is covered by individual coverage under the FLSA.

6. At all times pertinent to this Complaint, Defendant regularly owned and operated a 

business engaged in commerce or in the production of goods and/or materials that has been moved in 

or produced for commerce.

7. Based upon information and belief, the annual gross revenue volume of Defendant

was in excess of $500,000.00 per annum at all times material hereto. 

8. At all times pertinent to this Complaint, the Defendant was an enterprise in commerce 

or in the production of goods for commerce as defined in §§ 3(r) and 3(s) of the Act. 

9. Jurisdiction is conferred on this Court by 28 U.S.C. §§ 1331, 1337, and by 29 U.S.C. 

§ 216(b). 

10. Venue is proper pursuant to 28 U.S.C. § 1391. The Court has jurisdiction over 

Defendant, and in regard to Plaintiff in that the acts from which this lawsuit arises occurred in the 

Southern District of Florida.

11. Plaintiff began working for the Defendant in May 2019 as a scheduling coordinator. 

12. Plaintiff later became a full-time employee who worked as a respite and medical 

coordinator. 

13. Plaintiff was responsible for training staff on how to use performance protective 

equipment, how to take care of patients, how to deal with difficult parents, and scheduling patient 

care, among other responsibilities. 

14. Plaintiff was a non-exempt employee who was paid by the hour, and at the end of her 

employment was earning $19.95 per hour.

15. The Defendant required the Plaintiff to clock in and clock out each day. 

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GALLUP AUERBACH • 4000 Hollywood Blvd, Suite 265 South • Hollywood, FL 33021• Tel: 954.894.3035 • Web: gallup-law.com

16. Plaintiff was regularly scheduled to work forty hours per week; however, she often 

worked overtime hours for which she was not compensated.

17. The Plaintiff often worked from home after her regular scheduled hours sending emails 

and making phone calls, which the Defendant was aware of.

18. The Defendant paid the Plaintiff bi-weekly. 

19. If the Plaintiff worked more than forty hours in a certain week, the Defendant required

the Plaintiff to work less hours in the next week so that the total hours worked for the two-week period 

was close to eighty hours. 

20. The Defendant, however, only paid the Plaintiff her regular hourly rate for all hours 

worked rather than time and one-half her regular hourly rate for weeks in which she worked more 

than forty (40) hours. 

21. The Plaintiff was also required to be on-call during non-working hours. 

22. In 2020 and 2021, Plaintiff was the on-call employee for approximately 169 days 

straight.

23. While on-call, Plaintiff was responsible for answering the phone and dealing with 

issues that needed to be addressed during non-working hours.

24. This included, but was not limited to, dealing with supervisors, parents, and patients 

of the Defendant. 

25. Sometimes these calls and associated work did not take up a lot of time, but other times 

the calls were frequent, came through during all hours of the night, and required Plaintiff to spend 

several hours each week performing these job responsibilities.

26. The Defendant did not keep track of the Plaintiff’s on-call hours or the work she 

performed while on-call.

27. The Defendant also did not compensate the Plaintiff for her on-call work.

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GALLUP AUERBACH • 4000 Hollywood Blvd, Suite 265 South • Hollywood, FL 33021• Tel: 954.894.3035 • Web: gallup-law.com

28. Rather, the Plaintiff earned four (4) hours of paid time off for every week she was oncall. 

29. At all times pertinent to this Complaint, Defendant failed to comply with 29 U.S.C. § 

201-209 by not compensating Plaintiff for all of the hours she worked in excess of forty (40) in one 

or more workweeks. 

30. The records, if any, concerning the number of hours worked and the compensation 

paid to the Plaintiff are in the possession and custody of Defendant. Plaintiff intends to obtain these 

records by appropriate discovery proceedings to be taken promptly in this case and, if necessary, she 

will then seek leave of the Court to amend the Complaint for damages to set forth the precise amount 

due to her.

31. Defendant knew and/or showed a willful disregard for the provisions of the FLSA as 

evidenced by their failure to compensate Plaintiff the statutory rate of time and one-half for all the 

hours she worked in excess of forty (40) hours per week when it knew or should have known such 

was due. 

32. Defendant failed to properly disclose or apprise Plaintiff of her rights under the FLSA.

33. Plaintiff is entitled to time and one half of her regular rate of pay for each hour (or part 

thereof) worked over forty (40) in a work week, along with an equal amount of liquidated damages. 

34. Plaintiff has retained the undersigned counsel to represent her in this action. Pursuant 

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

in this action.

35. Plaintiff demands a jury trial. 

COUNT I – FEDERAL OVERTIME WAGE VIOLATION

36. Plaintiffs re-allege paragraphs 1-34 above.

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GALLUP AUERBACH • 4000 Hollywood Blvd, Suite 265 South • Hollywood, FL 33021• Tel: 954.894.3035 • Web: gallup-law.com

37. Plaintiff is entitled to be paid time and one-half her regular rate of pay for each hour 

worked in excess of forty (40) hours per work week. 

38. By reason of said intention, willful and unlawful acts of Defendants, Plaintiff has

suffered damages, plus incurred costs and reasonable attorneys’ fees. 

39. As a result of Defendant’s willful violation of the Act, Plaintiff is entitled to liquidated 

damages.

WHEREFORE, Plaintiff, LISA ALLEN, demands judgment against Defendants, 

BROWARD CHILDRENS CENTER, INC. for the payment of all overtime hours at one and one-half 

her regular rates of pay, liquidated damages and reasonable attorneys’ fees and costs of suit, and such 

further relief that this Court deems just and appropriate. 

DEMAND FOR JURY TRIAL

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

Dated: December 7, 2022

Respectfully submitted,

GALLUP AUERBACH

Counsel for Plaintiff 

4000 Hollywood Boulevard 

Presidential Circle-Suite 265 South

Hollywood, Florida 33021

T: (954) 894-3035

E-mail: jauerbach@gallup-law.com

By: /s/ Jacob Auerbach

Jacob Auerbach

Florida Bar No.: 0084003

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