UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF FLORIDA

Case No.:

ERICK LARA, on his own behalf and on

behalf of others similarly situated,

Plaintiff,v.

QSGI GREEN,INC., a Delaware corporation,

and HANK LAWS, individually,

Defendants.

COMPLAINT

plaintiff, ERICK LARA (hereinafter referred to as "Plaintiff'), was an employee of

Defendants, QSGI GREEN, [NC., a Delaware corporation, and HANK LAWS, individually,

(..hereinafter collectively refened to as'oDefendants"), and brings this action for unpaid overtime

wages, and other relief under the Fair Labor Standards Act, as amended, 29 U.S'C. $ 216(b)'

l. This action is brought to recover from Defendants overtime wages, liquidated

damages, and costs and reasonable attorney's fees under the provisions of Title 29 U.S.C' $ 216

(b) (the Act).

Z. At all times material hereto, Plaintiff, ERICK LARA, was a resident of the State

of Florida and an "employee" of Defendants as defined by the FLSA.

3. plaintiff performed his duties as a non-exempt Installer in West Palm Beach,

Palm Beach County, Florida.

4. Defendant, QSGI GREEN, INC., a Delaware corporation. At all timesls

1nmaterial, Defendant was authorized to do business in the state of Florida, and did so from its

Case 9:12-cv-81185-RNS Document 1 Entered on FLSD Docket 10/25/2012 Page 1 of 5

principal place of business in Palm Beach, Palm Beach County, Florida, which is within the

jurisdiction of this Court.

5. At all times material hereto, HANK LAWS, was and is an individual resident of

the State of Florida, who owns, manages, and/or operates QSGI GREEN, INC., and regularly

exercised the authority to hire and fire employees, determine the work schedules of employees,

set the 1p1tepay of employees, and control the finances and operations of QSGI GREEN, INC' By

virtue of such control and authority, HANK LAWS, is an employer as such term is defined by

the FLSA. 29 U.S.C. 201 et seq.

6. Defendants, QSGI GREEN, INC. and HANK LAWS, directly or indirectly acted

in the interest of an employer toward Plaintiff and other similarly situated employees at all

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

employment and compensation of Plaintiff and others similarly situated.

7. At all times material to this Complaint, Defendant, QSGI GREEN, [NC., had two

(2) or more employees who regularly sold, handled, or otherwise worked on goods and/or

materials that had moved in or had been produced for interstate commerce.

8. Based upon information and beliel the annual gross revenue of QSGI GREEN'

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

g. At all times pertinent to this Complaint, Defendant, QSGI GREEN, INC. was an

enterprise 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)'

10. Jurisdiction is conferred on this Court by Title 28 U.S.C. $ 1337 and by Title 29

U.S.C. g 216(b). At all times pertinent to this Complaint, Defendant, QSGI GREEN, INC., was

an enterprise engaged in interstate coflrmerce'

Case 9:12-cv-81185-RNS Document 1 Entered on FLSD Docket 10/25/2012 Page 2 of 5

ll. Plaintiff has retained the undersigned counsel to represent him in this action.

pursuant to 2g u.s.c. s216(b), plaintiff is entitled to recover all reasonable attorney's fees and

costs incurred in this action

12. Plaintiff demands ajurY trial.

COUNT IIRECOVERY OF OVERTIME WAGES

13. Plaintiff realleges all allegations contained in paragraphs I through 13 above as if

fully set forth herein.

14. During Plaintiff s employment, he worked as a non-exempt Installer.

15. Plaintiff was compensated on a piece rate basis'

16. Plaintiff worked over forty (40) hours in a work week during multiple work

weeks during his employment.

17. Plaintiff and other similarly situated employees were not paid time and one-half

of their regular rate of pay for all hours worked in excess of forty (40) hours per week during one

or more work weeks because Defendants only compensated them with the piece rate

compensation they generated from the work they performed'

18. The additional persons who may become Plaintiffs in this action are Defendants

Air Conditioning Technicians, however titled, who on or after October 2009, were not paid their

overtime compensation because Defendants only paid them the piece rate compensation they

generated from the work they performed, with no additional compensation for the overtime hours

worked.

lg. At all times pertinent to this Complaint, Defendants failed to comply with 29

U.S.C. g20l-20g,in that Plaintiff and the other similarly situated employees performed services

Case 9:12-cv-81185-RNS Document 1 Entered on FLSD Docket 10/25/2012 Page 3 of 5

for Defendants for which no provisions were made by the Defendants to properly pay them for

those hours worked in excess of forty (40) within a work week.

20. The records, if any, conceming the number of hours actually worked, and the

compensation actually paid to Plaintiff and the similarly situated employees are in the possession

and custody of Defendants.

21. Plaintiff and the similarly situated employees are entitled to be paid time and one-

half of their regul ar rate of pay for each hour worked in excess of forty (40) hours per work

week.

22. By reason of the said intentional, willful and unlawful acts of Defendants,

Plaintiff and the similarly situated employees have suffered damages, plus incurred costs and

reasonable attomey's fees.

23. As a result of Defendants' willful violation of the Act, Plaintiff and the other

similarly situated employees are entitled to liquidated damages.

WHEREFORE, Plaintiff, ERICK LARA, and all other employees similarly situated,

demand judgment against Defendants, QSGI GREEN, INC. and HANK LAWS, jointly and

severally, for compensatory damages, an additional equal amount of liquidated damages,

together with costs and attorney's fees pursuant to the FLSA and such other further relief as this

Court deems just and proper, including trial by jury.

Dated: octoaer Ezo2Boca Raton. Hdrida

Camar R. Jones (Fla !6r No.: 720291)

SHAVITZ LAW P, P.A.1515 S. Federal Highway, Suite 404

Boca Raton, Florida 33432Telephone: 56 I -447-8888Facsimile: 561-447 -8831

Case 9:12-cv-81185-RNS Document 1 Entered on FLSD Docket 10/25/2012 Page 4 of 5

2. I hereby designate the shavitz Law Group, P.A. !o represetme in bringing such

claim, and to make decisions on my behalf c""*-i"g tt e titigation and settlement' I agree to be

bormd by any adju6cation of this action bV the Court]wtrettrei it is favorable or unfavorable'

3. I also consent to join any other related action against Defendant(s) 9r. other

pot r,tiity ,"qpo*ibf" parties to assert *V tfui. and for this Consent Form to be filed in ary

such action.

CONSENT TO JOIN F'ORM

l. I conseflt toGEen EneryYMasters

ffi standards Act, pursuant to 29 U. s.c.$ 2160).

Erld< tara

PrintName

be a plaintiff in a launuit against Defe-ndant(s)'

, rrAloi ttt"ted entities and individu{1 i1-o1der to seek redress

Case 9:12-cv-81185-RNS Document 1 Entered on FLSD Docket 10/25/2012 Page 5 of 5

\JS 44 (Rev.2/08) CIVIL COVER SHEETTheJS44civi|coversheetandtheinformationcontainedhereinneitherreplacenorsupplement.theflingandserviceofpleadingsorotherpap6;-#i;i;;;i;f:ii;;};d;f;;;;J6';h;J'atiuiconr.'"n""oftheUnitedS.tatesins:eptimu?.|974,isrequiredforiheuseofthe.Clthe civl docket sheet. (sEE rNsrRucrroNs oN rHE REVERs;;;;;;il;;"*- -ilitTiaEr ltto"n.yi uuSr Indicate All Re'liled cases:'B!lo.*.

I. (a) PLAINTIFFS

ERICK LARA, on his own behalf and others

similarly situated,

(c) Attorney's tFim Name, Address, and Telephone Number)

SHAVITZ LAW GROUP, P.A., l5l5 South Federal Highway, Suite

404, Boca Raton, FL 33432, (561) 447-8888

DEFENDANTS

QSGI GREEN, INC., a Delaware corporation, and HANK LAWS'

E I individually

NoTE: lN LAND CoNDEMNATION CASES' USE THE LOCATIoN

LAND INVOLVED.

Attomeys (If Known)

OF THE TRACT

1oy Check County Where Action fuose; o MIAMI- DADE o MoNRoE o BRoWARD PALM BEACH O MARTIN O ST. LUCIE O INDIAN RIVER O OKEECHOBEEHIGHLANDS

II. BASIS OF JURISDICTION (Place an'X" in onc Box onlv)

O I U,S. Govemm€nt 16 3 Federal QuestionPlaintiff (U.S. Govemment Not a Pa.ty)

III. CITIZENSHIP OF PRINCIPAL(For Diversity Cases OnlY)

PTF DEF

CilizenofThisState O I O I

Citizen ofAnother State O

Citizen or Subjeot ofa

PARTIEStptuce an "x- in otrc Box for Plaitrtiffand One Box for Dcfetrdant)

lncorporsted o/ Princip.l Plsce

ofBusiness ln This Staie

PTF DEFo 4 04

O 2 Incorporated ard Principal Pl&ce O 5 O 5

of BusiDess In Aroth€r Statc

O 3 ForeignNation O 6 A 6

O 2 U.S. GovemmentDefeadant

A 4 Divetsity

(Indicaie Citizenship of Pa.ti€s in ltem III)

oo

RE OF

I l0 Insuratrcc

120 Marin€130 Millcr Act140 Negotiablc InstlumcntI 50 Recovery ofOve.payment

& EDforcement of Judgment

l5l Mediaare Act152 Recovary of Dcfaulted

Studetrt Losos(Exal, Veterans)

Ct 153 Recovery ofOverpaymetrlofVolersn's Bengfits

O 160 Stoakholders' Suits

O 190 Otber Cotrtract

O 195 CootractProduct LiabilityO 196 Fratrchise

210 Latrd Cotrdemtration220 Foreclosure230 Rert Laase & Ejectm€lt240 Torts to Land245 Tort Product Liability

290 AII Other Re.l Property

ooooo

oooooo

O 400 Statc Re8pportionment

O 410 AntitrustO 430 Banls and BankingCt 450 Commcrce

O 460 DepoilstionCt 470 Rack€tccr Iolluencad and

Conupt OrgrlizstionsO 480 Consumcr CreditCl 490 Cable/Sat TV

8 l0 S€lcctive SGryice

850 Securities/Commodities/Exchang€

875 Custome! Chslletrga12 usc 3410

O 890 Orh€r Statutory ActionsO 891 Agricultural ActrC, 892 Economic Stabiliz.iion ActC, 893 Environmetrtal MsttersO 894 Etrergy Alloc.tion ActD E95 Freedom of ltrfomation Act

O 900 Appesl of Fce DetemitrationUoder Eaual Accass to JNtige

950 Constitutiomlity of StateStatutes

Transferred fromanother district

Appeal to District

E 7 {*t"-Pr

O 422 Appeal 28 USC 158

O 423 Withdrawal28 USC 157

0 610 AgriculturcO 620 Other Food & Drug

O 625 Drug Related Seizure

ofProp€rty 2l USC 881

Cl 630 Liquor Laws

O 640 R.R. & TruckO 650 Airline Regs'

D 660 OccupationalSsfety/Health

PERSONAL INJURY PERSONAL INJURYO 310 Airplane O 362 Personal Inju.y -

O 315 Airplare Product Med' Malpractice

Liability O 365 Personal InjurY -O 320 Assault, Libel & P.oduct Liabilitv

Slandcr O 368 Asbestos Pe$onal

C, 330 Federal Employers' Injuty Product

Liability Liability0 340 Marine PERSONAL PRoPERTO 345 Marine Product O 370 Other F.sud

Liability O 371 Truth in Lending

O 350 Motor Vehicle O 380 Other Pcrsooal

O 355 Motor Vehicle Property Damage

Product Liability o 385 Property Damage

O 360 Other Personal Product Liability

O 820 CopyrightsO 830 Pateot

O 840 Trademark

o 861 HIA (l395ff)O 862 Bl.ck Lung (923)o 863 Dlwc/DIww (a05(s))

O 864 sSlD Title XVI

! 710 Fair Labor Standards

O 720 Labor/Mgmt. Relations

O 730 Labor/Mgmt.R€po.ting& Disclosure Act

O 740 Railway Labor ActO 790 Othe. Labo. LitigationO 791 Empl. R€t. Inc. S

Act

870 Taxes (U.S. Plaintiffo. Defendant)

871 IRS-Thitd Party26 USC 7609

tr 441 VotirgO 442 EmploymontO 443 Housing/

AccommodationsO 444 Welfarefl 445 Amer. w/Disabilities- Employment

a 446 Amer. w/Disabilitics" other

D 440 Oth€r Civil Rights

5 l0 Motioos to Vacate

SgntenceHabeas Corpus:530 Genenl535 Death P€nalty

540 Matrdamus &

550 Civil Rights

555 Prison Cotrdition

n 462 Nsturalization- Appltcalron

f, 463 Habeas CorPus-Alien" Detainee

d 465 Other Immigration- Actions

V. ORIGINs t ffg*ll,*

VI. RELATED/RE-FILEDcAsE(s).

VII. CAUSE OF ACTIO

VIII. REQUESTED INCOMPLAINT:

(Place an'X" itr Otre Box Only)

D 2 Removed from Ct 3State Court

(See instructionssocond page):

a) Re-filed Case fl YES O NO

ruDGE

D 6 MultidistrictLitigation

b) Related Cases 0 YES O NO

DOCKETNTJMBER

ofCause not ststutes

CHECK YES only if demanded in complaint:

JURYDEMAND: €YO O NO

Re-filed-(see VI below)

D 4 Reinstated or O 5Reopened

you are and

diversity):

29 USC 216(b)- Action For Unpaid Overtime Wages

LENGTTI OF TRLAL via

-

days estimated (for both sides to try entire case)

O CHECK IF THIS IS A CLASS ACTION DEMAND $

UNDER F.R.C.P. 23

ABOVE INFORMATION IS TRUE & CORRECT TO DATE

October 25,2012TIIE BEST OFMY KNOWLEDGE.SIGNATURE OF ATTORNEY OF R

RECEIPT #

Case 9:12-cv-81185-RNS Document 1-1 Entered on FLSD Docket 10/25/2012 Page 1 of 1

AO zl40 (Rev. l2l09) Summons in a Civil Action

Uwrrpt SrarBs Dtsrrucr CoURTfor the

Southem District of Florida

ERICK LARA

Plaintiff

v.

QSGI GREEN, lNC., et al.

Civil Action No.

Defendant

To: (Defendant's name and address)

SUMMONS IN A CIVL ACTION

QSGIGREEN, INC.,Through its Registered Agent / ALAN BURGER505 S. FLAGLER DRIVE, SUITE 3OO

WEST PALM BEACH, FL 33401

A lawsuit has been filed against you.

Within 2l days after service of this summons on you (not counting the day you received it) - or 60 days if you

are the United States or a United States agency, or an offrcer or employee of the United States described in Fed. R. Civ-p.lZ (a)(2) or (3) - you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of

the FediraiRules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attomey,

whose name and address are: Camar R. Jones, Esq.SHAVITZ LAW GROUP, P.A.1515 South Federal Highway, Ste.404Boca Raton, Florida 33432Telephone: (561) 447-8888; Facsimile: (561) 447-8831

If you fail to respond, judgment by default witl be entered against you for the relief demanded in the complaint.

You also must file your answer or motion with the court.

CLERKOF COURT

Date:Signature of Clerk or DeputY Clerk

Case 9:12-cv-81185-RNS Document 1-2 Entered on FLSD Docket 10/25/2012 Page 1 of 2

AO 440 (Rev. 12109) Summons in a Civil Action (Page 2)

Civil ActionNo.

PROOF OF SERVICE

(This section should not belited with the court unless required by Fed R. Civ. P. a Q)

This summons fot (name of individual and title, if any)

was received by me on (date)

il I personally served the summons on the individual at (place)

on (date)

il I left the summons at the individual's residence or usual place of abode with lnameS

, a person of suitable age and discretion who resides there,

on (date) , and mailed a copy to the individual's last known address; or

D I served the summons ort (name of individual)

designated by law to accept service of process on behalf of fuame of organization)

on (date) ;or

I returned the summons unexecuted because

Other (specifu):

My fees are $ for travel and $ for services, for a total of$ 0.00

I declare under penalty of perjury that this information is true'

Date:Server's signature

Printed name and title

Semer's address

;or

, who is

;orn

o

Additional information regarding attempted service, etc:

Case 9:12-cv-81185-RNS Document 1-2 Entered on FLSD Docket 10/25/2012 Page 2 of 2

AO zMO (Rev. l2l09) Summons in a Civil Action

UNrrpo Srares DIsrrucr CoURTfor the

Southern District of Florida

ERICK LARA

Plaintif

v.

QSGI GREEN, lNC., et al.

Civil Action No.

Defendant

TO: (Defendant's name and address)

SUMMONS IN A CIVI ACTION

HANK LAWS, INDIVIDUALLY4OO ROYAL PALM WAY, SUITE 302PALM BEACH, FL 33480

A lawsuit has been filed against you.

Within 2l days after service of this summons on you (not counting the day you received it) - or 60 days if youare the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.P. 12 (a)(2) or (3) - you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 ofthe Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff s attorney,

whose name and address are: Camar R. Jones, Esq.SHAVITZ LAW GROUP, P.A.1515 South Federal Highway, Ste.404Boca Raton, Florida 33432Telephone: (561) 447-8888; Facsimile: (561) 447-8831

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.

You also must file your answer or motion with the court.

CLERKOF COURT

Date:Signature of Clerk or Deputy Clerk

Case 9:12-cv-81185-RNS Document 1-3 Entered on FLSD Docket 10/25/2012 Page 1 of 2

AO 440 (Rev. l2l09) Summons in a Civil Action (Page2)

PROOF OF SERVICE

(This section should not beftled with the court unless required by Fed R. Civ. P. 4 (l)

This summons for (name of individual and title, if any)

was received by me on(date)

O I personally served the summons on the individual at (place)

on (date)

Civil ActionNo.

O I left the summons at the individual's residence or usual place of abode with (name1

, a person of suitable age and discretion who resides there,

on (date) , and mailed a copy to the individual's last known address; or

fl I served the summons ort (nane of individual)

designated by law to accept service ofprocess on behalfof (name oforganization)

on (date) ;or

I returned the summons unexecuted because

Other (specify):

My fees are $ for travel and $ for services, for a total of$ 0.00

I declare under penalty of perjury that this information is true.

Date:Semer's signature

Printed name and title

Semer's address

;or

, who is

;orn

il

Additional information regarding attempted service, etc:

Case 9:12-cv-81185-RNS Document 1-3 Entered on FLSD Docket 10/25/2012 Page 2 of 2