UNITED STATES DISTRICT COURT

FOR THE

DISTRICT OF NEW HAMPSHIRE

ELAINE CHAO, SECRETARY OF LABOR,

United States Department of Labor,

Plaintiff,

V.

TREND DESIGN, LLC and MUHAMED BEJTOVIK

And AMIR BEHARIC, INDIVIDUALLY,

Defendant.

COMPLAINT

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* CIVIL ACTION

* FILE NO.

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Plaintiff, Secretary, United States Department of Labor, hereinafter "the Secretary" brings

this action to enjoin Defendants from violating the provisions of Section 15 (a)(2) of the Fair

Labor Standards Act of 1938 as amended, (52 Stat . 1060, 29 U.S .C. 201), hereinafter called "the

Act" and to recover unpaid wages and liquidated damages pursuant to the provisions of sections

15(a) (2) and 16(c) of the Act.

Jurisdiction of this action is conferred upon this Court by Section 17 of the Act and b y

28 U.S .C. Sec. 1345.

11 .

Defendant Trend Design, LLC, is, and at all times hereinafter mentioned, was a

corporation having an offi ce and place of business at 8 Ho llis Drive, Unit 44, in Hollis, New

Case 1:06-cv-00388-JM Document 1 Filed 10/16/06 Page 1 of 6
Hampshire within the jurisdiction of this Court, and elsewhere, in the installation of exterior

applications and windows on commercial and residential buildings and homes .

Defendant Mohamed Bejtovik resides within the jurisdiction of this Court and is now,

and at all times hereinafter mentioned was an owner and president of the business reference d

above and actively manages, supervises and directs the business affairs and operations of said

corporation . This defendant has acted at all times material herein directly and indirectly in the

interest of said corporation in relation to its-employees and was and is therefore, an employer of

said employees within the meaning of the Act .

N.

Defendant Amir Beharic resides within the jurisdiction of this Court and is now, and a t

all times hereinafter mentioned was an owner and operator of the business referenced above and

actively manages, supervises and directs the business affairs and operations of said corporation .

This defendant has acted at all times material herein directly and indirectly in the interest of said

corporation in relation to its employees and was and is therefore, an employer of said employees

within the meaning of the Act.

V .

Defendants are, and at all times hereinafter mentioned were, engaged in related activities

perfonned through unified operation or common control for a common business purpose, and

they are. and at all times hereinafter mentioned were, an enterprise within the meaning of Section

3 i ;) ofthe Act .

V].

At all times hereinafter mentioned, Defendant employed employees in the activities of

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said enterprise engaged in commerce or in the production of goods for commerce, including

employees handling, selling or otherwise working on goods or materials that have been moved in

or produced for eoilU :c . Said enterprise, at all times hereinafter mentioned, has had an annual

gross volume of sales made or business done in an amount not less than $500,000 .00. Therefore,

the said employees have been employed,in an enterprise engaged in commerce or in the

production of goods for commerce within the meaning of Section 3(s) .

VII.

Defendants have .violated and are violating the provisions of Sections 7 and 15(a)(2) of

the Act by employing employees for workweeks longer than forty (40) hours per week, without

compensating them for their employment in excess of forty (40) hours in said workweeks, at

rates not less than one and one-half times the regular rate at which they were employed .

VIII.

Defendants have violated and are violating the provisions of sections 11( c ) and 15(a)(5)

of the Act in that they failed to make, keep and preserve adequate and accurate records of

employees' wages, hours. and other conditions and practices of employment as prescribed by

regulations duly issued pursuant to authority granted in the Act and found in 29 C .F.R. 516, in

that records fail to show adequately and accurately, among other things, the hours worked each

workday and the total hours worked each workweek with respect to many employees and the

regular rates at which they were employed .

Du g the period since (week ending date) May 29, 2004, Defendants have repeatedl y

violated and are violating the aforesaid provisions of the Act as alleged and a Iudgment enjoining

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such violations is expressly authorized by Section 17 of the Act .

WHEREFORE, cause having been shown, Plaintiff prays judgment permanently

enjoinirg and restraining Defendants, their agents, servants, employee and those persons in

active concert or participation with them or acting in their interest and behalf, from violating the

provisions of Sections 15(a)(2) and 15(a)(5) of the Act and costs.

X.

During the period since (week ending date ) May 29, 2004, Defendants have violated and

areviolating the aforesaid provisions of the Act . An award of actual and liquidated damages is

specifically authorized by Section 16(c) of the Act.

WHEREFORE, cause having been shown, Plaintiff demands judgment orde ring payment

of unpaid wages found by the Court to be due the employees listed in the attached Exhibit A,

plus an equal amount as liquidated damages and costs.

Howard Radzely

Solicitor of Labor

Frank V. McDermott, Jr .

Regional Solicito r

Post Office Address :

U .S . Department of Labor

Office of the Regional Solicitor

JFK Federal Building - Room E-375

Boston, Massachusetts 02203

TEL: (617) 565-2500

FAX : (617) 565-2142

Paul J. Katz

Senior trial Attorney

BBO#

U .S . Department of Labor

Attorneys for Plaintiff

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EXHIBIT A

AhmetovIc, Nazif

Aravjo, Gedion

Arnautovic, Suvada

Barrios Mora, Agustin

Batlsta, Leandro Dasilva

Batista, Roney

Capozzo, Jason

Carvalho, Romero

Cerritos, Santos

Cooper, Terence

Da Silva, Abner

Da Silva, Giovani

Dasilva, Alexandre

Demirovic, Mujo

Dionisio, Claudiney

Dos Santos, Ederson

Eminovic, Almir

Espinola , Elpidio

Fauro De Assis, Adecio

Franca, Marcio

Garcia, Luis

Godyna, Alexey

Gomes, Luiz

Gomes, Pedro

Kustura, Adis

Lima, Josue

Loiacono, Anthony

Lucas, Marcos

Luis, Jose

Lukyanov, Aleksey

Mahmic, Eniz

Maiha, Diones

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Malikic, Edin Silva, Jefferson

Memic, Serif Silva, Oliveiros

Moreira, Evandro Silva, Ricardo

Mujac, Hal/l Sivro, Semir

Nixdorf, Gustavo Tosta, Alexis

Pellegrino, Christopher Vrdoljak, Alen

Pereira, Nilson Weber, John

Ribeiro, Rorivaido Weller, Frederico

Rocha, Ivan Weyant, Paul Scoff

Romanovic, Mario Zukanovic, Alen

Romanovic, Zoran

Sanchez, Oskar

Sandzic, Enver

Santos, Claudio

Santos, Gi/son

Silva, Glauber

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