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ZOLDAN LAW GROUP, P

L

L

C

14500 N. Northsight Blvd. Suite 213 Scottsdale, Arizona 85260

Tel & Fax: 480.442.3410 – mzoldan@zoldangroup.com

Michael Zoldan; AZ Bar No. 028128

Jason Barrat; AZ Bar No. 029086

Jessica Miller; AZ Bar No. 031005

ZOLDAN LAW GROUP, PLLC

14500 N. Northsight Blvd., Suite 213

Scottsdale, AZ 85260

Tel & Fax: 480.442.3410

mzoldan@zoldangroup.com

jbarrat@zoldangroup.com

jmiller@zoldangroup.com

Attorneys for Plaintiff 

Aaser Wasfy

UNITED STATES DISTRICT COURT

DISTRICT OF ARIZONA

Aaser Wasfy, an Arizona resident;

Plaintiff, 

v.

Desert Sands Restaurant Group, LLC

d/b/a Flavors of Louisiana, an Arizona 

corporation; and Richard Hillstead, an 

Arizona resident;

Defendants.

Case No. 

VERIFIED COMPLAINT

(Jury Trial Requested)

Plaintiff Aaser Wasfy, for his Verified Complaint against Defendants, hereby 

alleges as follows:

NATURE OF THE CASE

1. Plaintiff brings this action against Defendants for their unlawful failure to 

pay minimum wage in violation of the Fair Labor Standards Act, 29 U.S.C. §§ 201-219

(hereinafter “FLSA”); A.R.S. §§ 23-362 - 23-364 (“Arizona Minimum Wage Statute”); 

and failure to make timely and reasonable payment of wages under A.R.S. §§ 23-351, 23-

Case 2:18-cv-00841-DWL Document 1 Filed 03/15/18 Page 1 of 9
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ZOLDAN LAW GROUP, P

L

L

C

14500 N. Northsight Blvd. Suite 213 Scottsdale, Arizona 85260

Tel & Fax: 480.442.3410 – mzoldan@zoldangroup.com

353, and 23-355 (“Arizona Wage Statute”).

2. This action is also brought to recover minimum wage compensation, 

liquidated damages, and statutory penalties resulting from Defendants’ violations of the 

FLSA and Arizona Minimum Wage Statute.

3. This action is also brought to recover unpaid wages, treble damages, and 

statutory penalties resulting from Defendants’ violations of the Arizona Wage Statute.

JURISDICTION AND VENUE

4. This Court has jurisdiction over the subject matter and the parties hereto 

pursuant to 29 U.S.C. § 216(b) and 28 U.S.C. § 1331.

5. Plaintiff’s state law claims are sufficiently related to his federal claim that it 

forms the same case or controversy. This Court therefore has supplemental jurisdiction 

over Plaintiff’s claims under the Arizona Minimum Wage Statute and Arizona Wage 

Statute pursuant to 28 U.S.C. § 1367.

6. Venue is proper in this District under 28 U.S.C. §§ 1391(b) and (c) because 

all or a substantial part of the acts or omissions giving rise to the claims occurred in the 

state of Arizona. Plaintiff was employed by Defendants in this District.

PARTIES

7. At all relevant times to the matters alleged herein, Plaintiff Aaser Wasfy

resided in the District of Arizona. 

8. Plaintiff was a full-time, non-exempt employee of Defendants from in or 

around October 2017 until on or about November 24, 2017.

9. At all relevant times, Plaintiff was an employee of the Defendants as defined 

in 29 U.S.C. § 203(e)(1), A.R.S. § 23-362, and A.R.S. § 23-350, and was a non-exempt 

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ZOLDAN LAW GROUP, P

L

L

C

14500 N. Northsight Blvd. Suite 213 Scottsdale, Arizona 85260

Tel & Fax: 480.442.3410 – mzoldan@zoldangroup.com

employee under 29 C.R.F. §213(a)(1).

10. Defendant Desert Sands Restaurant Group, LLC d/b/a Flavors of Louisiana

is a LLC, authorized to do business in Arizona, and was Plaintiff’s employer as defined by 

29 U.S.C. § 203(e)(1), A.R.S. § 23-362, and A.R.S. § 23-350.

11. Defendant Richard Hillstead is an Arizona resident. He has directly caused 

events to take place giving rise to this action. Richard Hillstead was at all relevant times 

Plaintiff’s employer as defined by 29 U.S.C. § 203(e)(1), A.R.S. § 23-362, and A.R.S. § 

23-350.

12. Under the FLSA, Defendant Richard Hillstead is an employer. The FLSA 

defines “employer” as any individual who acts directly or indirectly in the interest of an 

employer in relation to an employee. Defendant Richard Hillstead determined the method 

and rate of Plaintiff’s payment of wages. As person who acted in the interest of the 

previously identified corporate entity in relation to the company’s employees Richard 

Hillstead is subject to individual and personal liability under the FLSA.

13. Plaintiff is further informed, believes, and thereon alleges that each of the 

Defendants herein gave consent to, ratified, and authorized the acts of all other Defendants, 

as alleged herein.

14. Defendants, and each of them, are sued in both their individual and corporate

capacities.

15. Defendants are jointly and severally liable for the injuries and damages 

sustained by Plaintiff.

16. At all relevant times, Defendants have been engaged in interstate commerce 

and have been an enterprise whose gross annual volume of sales made or business done is 

Case 2:18-cv-00841-DWL Document 1 Filed 03/15/18 Page 3 of 9
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ZOLDAN LAW GROUP, P

L

L

C

14500 N. Northsight Blvd. Suite 213 Scottsdale, Arizona 85260

Tel & Fax: 480.442.3410 – mzoldan@zoldangroup.com

greater than $500,000. 

FACTUAL ALLEGATIONS

17. Defendant Desert Sands Restaurant Group, LLC d/b/a Flavors of Louisiana

is a restaurant specializing in Cajun cuisine.

18. On or about October 12, 2017, Plaintiff commenced employment with 

Defendants as a kitchen manager.

19. As kitchen manager, Plaintiff’s primary job duties included the scheduling 

and management of all kitchen staff.

20. At the commencement of Plaintiff’s employment, Plaintiff and Defendants 

agreed to compensation in the amount of $800.00 per week. 

21. As of November 18, 2017 Plaintiff had not received any payment of wages 

for the previous six weeks he had been employed by Defendants.

22. On or about November 18, 2017 Plaintiff was terminated for inquiring about 

his owed wages.

23. On or about November 27, 2017 Plaintiff received a check from Defendants 

in the amount of $566.65 for the six weeks he was employed by Defendants.

24. Plaintiff did not make at least $455 per week and therefore does not qualify 

as an exempt employee because of the salary-basis test.

25. Accordingly, between October 12, 2017 and November 18, 2017 Plaintiff 

was paid at a rate of $2.36 per hour.

26. At all relevant times, Defendants failed to properly compensate Plaintiff 

minimum wage under both the FLSA and the Arizona Minimum Wage Statute.

27. Defendants refused and/or failed to properly disclose or apprise Plaintiff of 

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ZOLDAN LAW GROUP, P

L

L

C

14500 N. Northsight Blvd. Suite 213 Scottsdale, Arizona 85260

Tel & Fax: 480.442.3410 – mzoldan@zoldangroup.com

his rights under the FLSA, Arizona Minimum Wage Statute, and Arizona Wage Statute.

28. Defendants willfully failed and/or refused to compensate Plaintiff at the rates 

and amounts required by the FLSA and Arizona Minimum Wage Statute.

29. Defendants’ failure and/or refusal to compensate Plaintiff at the rates and 

amounts required by the FLSA and Arizona Wage Statute were willful.

COUNT I

(FAILURE TO PAY MINIMUM WAGE – FLSA – 29 U.S.C. § 206)

30. Plaintiff incorporates by reference all of the above allegations as though fully 

set forth herein.

31. At all relevant times, Plaintiff was employed by Defendants within the 

meaning of the FLSA.

32. Plaintiff was an employee entitled to the statutorily mandated minimum 

wage.

33. Defendants have intentionally failed and/or refused to pay Plaintiff minimum 

wage according to the provisions of the FLSA.

34. As a direct result of Defendants’ violations of the FLSA, Plaintiff has 

suffered damages by not receiving any compensation in accordance with 29 U.S.C.§ 206.

35. In addition to the amount of unpaid minimum wage owed to Plaintiff, he is 

entitled to recover an additional equal amount as liquidated damages pursuant to 29 U.S.C.

§ 216(b).

36. Defendants’ actions in failing to compensate Plaintiff, in violation of the 

FLSA, were willful. Defendants knew Plaintiff was not being compensated for time 

worked and failed to pay proper minimum wages. Defendants knew their failure to pay

minimum wage was a violation of the FLSA.

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ZOLDAN LAW GROUP, P

L

L

C

14500 N. Northsight Blvd. Suite 213 Scottsdale, Arizona 85260

Tel & Fax: 480.442.3410 – mzoldan@zoldangroup.com

37. Defendants have not made a good faith effort to comply with the FLSA.

38. Plaintiff is also entitled to an award of attorneys’ fees and other statutory 

damages pursuant to 29 U.S.C. § 216(b). 

COUNT II

(FAILURE TO PAY MINIMUM WAGE – ARIZONA MINIMUM WAGE 

STATUTE)

39. Plaintiff incorporates by reference all of the above allegations as though fully 

set forth herein.

40. At all relevant times, Plaintiff was employed by Defendants within the 

meaning of the Arizona Minimum Wage Statute.

41. Defendants intentionally failed and/or refused to pay Plaintiff minimum 

wage according to the provisions of the Arizona Minimum Wage Statute.

42. In addition to the amount of unpaid minimum wage owed to Plaintiff, he is 

entitled to recover an additional amount equal to twice the underpaid wages and interest 

pursuant to A.R.S. § 23-364(g).

43. Plaintiff is also entitled to an award of attorneys’ fees and costs pursuant to

A.R.S. § 23-364(g).

COUNT III

(FAILURE TO TIMELY PAY WAGES DUE – ARIZONA WAGE STATUTE)

43. Plaintiff incorporates by reference all of the above allegations as though fully 

set forth herein.

44. At all relevant times, Plaintiff was employed by Defendants within the 

meaning of the Arizona Wage Statute.

45. Defendants were aware of their obligation to pay timely wages pursuant to 

A.R.S. § 23-351.

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ZOLDAN LAW GROUP, P

L

L

C

14500 N. Northsight Blvd. Suite 213 Scottsdale, Arizona 85260

Tel & Fax: 480.442.3410 – mzoldan@zoldangroup.com

46. Defendants were aware that, under A.R.S. § 23-353, they were obligated to 

pay all wages due to Plaintiff.

47. Defendants failed to timely pay Plaintiff his wages due without a good faith 

basis for withholding the wages.

48. Defendants have willfully failed and refused to timely pay wages due to 

Plaintiff. As a result of Defendants' unlawful acts, Plaintiff is entitled to the statutory 

remedies provided pursuant to A.R.S. § 23-355.

CONCLUSION AND PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays:

A. For the Court to declare and find that the Defendants committed the 

following acts:

i. violated minimum wage provisions of the FLSA, 29 U.S.C. § 206, 

by failing to pay minimum wages;

ii. willfully violated minimum wage provisions of the FLSA, 29 

U.S.C. § 206, by failing to pay minimum wages;

iii. violated minimum wage provisions of the Arizona Minimum 

Wage Statute, by failing to pay minimum wages;

iv. willfully violated minimum wage provisions of the Arizona 

Minimum Wage Statute, by failing to pay minimum wages;

v. willfully violated the Arizona Wage Statute by failing to pay all 

wages due to Plaintiff;

B. For the Court to award compensatory damages, including liquidated damages 

pursuant to 29 U.S.C. § 216(b) and/or treble damages pursuant to the Arizona 

Case 2:18-cv-00841-DWL Document 1 Filed 03/15/18 Page 7 of 9
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ZOLDAN LAW GROUP, P

L

L

C

14500 N. Northsight Blvd. Suite 213 Scottsdale, Arizona 85260

Tel & Fax: 480.442.3410 – mzoldan@zoldangroup.com

Wage Statute, in an amount to be determined at trial;

C. For the Court to award an additional amount equal to twice the underpaid 

minimum wages and interest pursuant to A.R.S. § 23-364(g), in an amount 

to be determined at trial.

D. For the Court to award interest on all wage compensation due accruing from 

the date such amounts were due under all causes of action set forth herein;

E. For the Court to award such other monetary, injunctive, equitable, and 

declaratory relief as the Court deems just and proper;

F. For the Court to award Plaintiff’s reasonable attorneys’ fees and costs 

pursuant to 29 U.S.C. § 216(b), A.R.S. § 23-364(g), and A.R.S. § 12-341.01

and all other causes of action set forth herein;

G. Any other remedies or judgments deemed just and equitable by this Court.

JURY DEMAND

Plaintiff hereby demands a trial by jury of all issues so triable.

RESPECTFULLY SUBMITTED March 15, 2018.

ZOLDAN LAW GROUP, PLLC

By: /s/ Jason Barrat 

14500 N. Northsight Blvd, Suite 213

Scottsdale, AZ 85260

Attorneys for Plaintiff Aaser Wasfy

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