nolasco v. complete highway identify, inc. et al - …...nolasco as a full time, non-exempt hourly...

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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

MIAMI DIVISION

CASE NO.

WILSON A. NOLASCO,

and other similarly-situated individuals,

v.

COMPLETE HIGHWAY IDENTITY, INC.

and MIRNESA HASANOVIC, individually

Defendants,

__________________________________________/

COMPLAINT

(OPT-IN PURSUANT TO 29 U.S.C § 216(b))

COMES NOW the Plaintiff WILSON A. NOLASCO, and other similarly-situated

individuals, by and through the undersigned counsel, and hereby sues Defendants

COMPLETE HIGHWAY IDENTITY, INC. and MIRNESA HASANOVIC, individually,

and alleges:

1. This is an action to recover money damages for unpaid overtime wages and retaliation

under the laws of the United States. This Court has jurisdiction pursuant to Jurisdiction

is conferred on this Court by Title 28 U.S.C. § 1337, by Title 29 U.S.C. § 201-219, the

Fair Labor Standards Act, “the Act” (Section 216 (b) for jurisdictional placement).

2. Plaintiff WILSON A. NOLASCO is a resident of Miami-Dade County; and she is

within the jurisdiction of this Honorable Court. Plaintiff is a covered employee for

purposes of the Act.

3. Defendant COMPLETE HIGHWAY IDENTITY, INC. (hereinafter COMPLETE

HIGHWAY IDENTITY, or corporate Defendant) is a Florida for profit corporation,

Case 1:17-cv-21864-KMM Document 1 Entered on FLSD Docket 05/18/2017 Page 1 of 9

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registered to do business in Florida. Defendant has its place of business in Dade

County, within the jurisdiction of this Court. At all times material hereto, Defendant

was and is engaged in interstate commerce.

4. The individual Defendant MIRNESA HASANOVIC was and is now the owner/

president and manager of COMPLETE HIGHWAY IDENTITY. This individual was

the employer of Plaintiff and others similarly situated within the meaning of Section

3(d) of the “Fair Labor Standards Act” [29 U.S.C. § 203(d)],

5. All the action raised in this complaint took place in Dade County Florida, within the

jurisdiction of this Court.

ALLEGATIONS COMMON TO ALL COUNTS

6. This cause of action is brought by Plaintiff WILSON A. NOLASCO as a collective

action to recover from Defendants overtime compensation, liquidated damages, and the

costs and reasonably attorney’s fees under the provisions of Fair Labor Standards Act,

as amended, 29 U.S.C. § 201 et seq (the “FLA or the “ACT”) on behalf of Plaintiff and

all other current and former employees similarly situated to Plaintiff (“the asserted

class”) and who worked in excess of forty (40) hours during one or more weeks on or

after July, 2016 (the “material time”) without being compensated.

7. Corporate Defendant COMPLETE HIGHWAY is a provider of highway, roadway,

traffic control, and street guide signs.

8. Defendant COMPLETE HIGHWAY IDENTITY employed Plaintiff WILSON A.

NOLASCO as a full time, non-exempt hourly employee from approximately July 25,

2016, to March 16, 2017, or approximately 33 weeks.


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9. Plaintiff performed as signing technician and installer. Plaintiff regular wage rate was

$12,00 and $13.00 an hour.

10. While employed by Defendants, Plaintiff worked consistently more than 40 hours or

more every week period and he was paid for overtime hours at the correct rate.

11. Plaintiff had a regular schedule 6 days per week from 7:00 AM to 5:20 PM, and he

clocked in and out. However, Plaintiff was required to begin his work at 6:20 AM, and

then he had to wait until 7:00 AM to clock-in according to schedule

12. This practice resulted in 4 hours that Plaintiff worked off-the clock, and that were not

properly compensated at any rate. In addition, Plaintiff was not allowed to take the

lunch break of one hour at least 3 days, every week, but Defendant deducted this 3

hours from Plaintiff’s wages every week. The 4 off-the clock hours, worked before

7:00 AM (0.40 minutes every day x 6 days) plus the 3 lunch hours, represented 7

overtime hours that were not paid to Plaintiff.

13. Furthermore, during his time of employment, Plaintiff worked at least 4 Sundays a

minimum of 8 hours, for a total of 32 hours that were not paid at any rate.

14. Therefore, during his employment with Defendant COMPLETE HIGHWAY

IDENTITY, failed to pay Plaintiff WILSON A. NOLASCO, for all his overtime hours

at the rate of time and a half his regular rate, according to FLSA regulations.

15. Plaintiff WILSON A. NOLASCO seeks to recover unpaid overtime hours, liquidated

damages and any other relief as allowable by law.

16. The additional persons who may become Plaintiffs in this action are weekly-paid

employees and/or former employees of Defendants who are and were subject to the

unlawful payroll practices and procedures of Defendants and were not paid regular and


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overtime hours at the rate of time and one half their regular rate of pay for every hour

worked in excess of forty.

COUNT I:

WAGE AND HOUR FEDERAL STATUTORY VIOLATION of 29 U.S.C. § 207 (a)

(1) FAILURE TO PAY OVERTIME; AGAINST ALL DEFENDANTS

17. Plaintiff WILSON A. NOLASCO re-adopts each and every factual allegation as stated

in paragraphs 1-16 above as if set out in full herein.

18. This action is brought by Plaintiff and those similarly-situated to recover from the

Employers COMPLETE HIGHWAY IDENTITY 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., and specifically under the

provisions of 29 U.S.C. § 207. 29 U.S.C. § 207 (a)(1) states, “ No 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 above-

specified at a rate not less than one and a half times the regular rate at which he is

employed.”

19. At all times pertinent to this Complaint, Defendant was engaged in interstate commerce

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

COMPLETE HIGHWAY IDENTITY is a provider of signage for highways, roadside,

and streets. Defendant work for State and Federal agencies. At all times, the

Employer/Defendant operates as an organization which sells and/or markets its services

to customers from throughout the United States. At all times Defendant had more than

two employees regularly engaged in interstate commerce The Employer/Defendant

obtains and solicits funds from non-Florida sources, accepts funds from non-Florida


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sources, uses the instrumentalities and channels of interstate commerce. Upon

information and belief, the annual gross revenue of the Employer/Defendant was at all

times material hereto in excess of $500,000 per annum. Defendant’s business activities

involve those to which the Fair Labor Standards Act applies. Therefore, there is FLSA

enterprise coverage.

20. Plaintiff was employed by an enterprise engaged in interstate commerce, and the

Plaintiff’s work likewise affected interstate commerce Plaintiff was installer technician

of signage for highways, roadsides, and streets, as such he was participating and he in

interstate commerce.

21. Defendant COMPLETE HIGHWAY IDENTITY employed Plaintiff WILSON A.

NOLASCO as a full time, non-exempt hourly employee from approximately July 25,

2016, to March 16, 2017, or approximately 33 weeks.

22. Plaintiff performed as signing technician and installer. Plaintiff regular wage rate was

$12,00 and $13.00 an hour.

23. While employed by Defendants, Plaintiff worked consistently more than 40 hours or

more every week period and he was paid for overtime hours at the correct rate.

24. Plaintiff had a regular schedule 6 days per week from 7:00 AM to 5:20 PM, and he

clocked in and out. However, Plaintiff was required to begin his work at 6:20 AM, and

then he had to wait until 7:00 AM to clock-in according to schedule

25. This practice resulted in 4 hours that Plaintiff worked off-the clock, and that were not

properly compensated at any rate. In addition, Plaintiff was not allowed to take the

lunch break of one hour at least 3 days, every week, but Defendant deducted this 3

hours from Plaintiff’s wages every week. The 4 off-the clock hours, worked before


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7:00 AM (0.40 minutes every day x 6 days) plus the 3 lunch hours, represented 7

overtime hours that were not paid to Plaintiff.

26. Furthermore, during his time of employment, Plaintiff worked at least 4 Sundays a

minimum of 8 hours, for a total of 32 hours that were not paid at any rate.

27. Therefore, during his employment with Defendant COMPLETE HIGHWAY

IDENTITY, Plaintiff WILSON A. NOLASCO, worked a substantial amount of

overtime hours that were not properly compensated.

28. Defendants failed to pay Plaintiff at the rate of time and one half his regular rate for

every hour in excess of 40 that she worked in a week period. Plaintiff performed the

same or similar duties as that of those other similarly-situated employees, who

Plaintiffs observed worked in excess of 40 hours per week, but that were not paid

overtime at the proper rate.

29. The records, if any, concerning the number of hours actually worked by Plaintiff

WILSON A. NOLASCO, and all other similarly-situated employees, and the

compensation actually paid to such employees should be in the possession and custody

of Defendants. However, upon information and belief, Defendants did not maintain

accurate and complete time records of hours worked by Plaintiff and other employees

in the asserted class. Defendants violated the record keeping requirements of FLSA,

29 CFR Part 516.

30. Prior to the completion of discovery and to the best of Plaintiff’s knowledge, at the

time of the filing of this complaint, Plaintiff’s good faith estimate of unpaid overtime

wages are as follows:

*Please note that these amounts are based on a preliminary calculation and that these

figures could be subject to modification as discovery could dictate.


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a. Total amount of alleged unpaid overtime wages:

Four Thousand Eight Hundred Eighty-Seven Dollars and 00/100 ($4,887.00)

b. Calculation of such wages:

Total period of employment: 33 weeks

Total relevant period of employment: 33 weeks

i. Overtime for 2016 paid @ $12.00 reg. rate for 23 weeks

Total number of weeks: 23 week

Regular rate: $12.00 x 1.5= $18.00 O/T rate

Unpaid overtime hours: 7 weekly (4 off-the clock + 3 lunch hour)

O/T rate $18.00 x 7 O/T hours=$126 weekly x 23 weeks=$2,898.00

ii. Overtime for 2017 paid @ $13.00 reg. rate for 10 weeks

Total number of weeks: 10 weeks

Regular rate: $13.00 x 1.5= $19.50

Total unpaid overtime hours: 7 hours (4 off-the clock + 3 lunch hour)

O/T rate $19.50 x 7 O/T hours=$136.50 weekly x 10 weeks=$1,365.00

iii. Overtime for 32 hours worked in 4 Sundays

Total number of Sundays: 4 Sundays

Total unpaid overtime hours worked: 32 hours weekly

Regular rate: $13.00 x 1.5= $19.50 O/T rate

O/T rate $19.50 x 32 O/T overtime hours=$624.00

Total i, ii, and iii: $4,887.00

c. Nature of wages (e.g. overtime or straight time):

This amount represents the unpaid overtime hours.

31. At all times material hereto, the Employer/Defendant COMPLETE HIGHWAY

IDENTITY failed to comply with Title 29 U.S.C. §§ 201-219 and 29 C.F.R. § 516.2

and § 516.4 et seq. in that, Plaintiff and those similarly-situated performed services and

worked in excess of the maximum hours provided by the Act but no provision was


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made by the Defendants to properly pay Plaintiff at the rate of time and one half for all

hours worked in excess of forty hours (40) per workweek as provided in said Act.

32. Defendant COMPLETE HIGHWAY IDENTITY knew and/or showed reckless

disregard of the provisions of the Act concerning the payment of overtime wages as

required by the Fair Labor Standards Act, and Plaintiff and those similarly-situated are

entitled to recover double damages.

33. At the times mentioned, individual Defendant MIRNESA HASANOVIC was the

owner/manager of COMPLETE HIGHWAY IDENTITY. Defendant MIRNESA

HASANOVIC was the employer of Plaintiff and others similarly situated within the

meaning of Section 3(d) of the “Fair Labor Standards Act” [29 U.S.C. § 203(d)], in

that, this individual Defendant acted directly in the interests of COMPLETE

HIGHWAY IDENTITY in relation to their employees, including Plaintiff and others

similarly situated. Defendant MIRNESA HASANOVIC had operational control of the

department determined terms and working conditions of Plaintiff and other similarly

situated employees, and she is jointly liable for Plaintiff’s damages.

34. Defendants COMPLETE HIGHWAY IDENTITY and MIRNESA HASANOVIC

willfully and intentionally refused to pay Plaintiff overtime wages as required by the

law of the United States and remains owing Plaintiff these overtime wages since the

commencement of Plaintiff’s employment with Defendants, as set forth above.

35. Plaintiff has retained the law offices of the undersigned attorney to represent him in

this action and is obligated to pay a reasonable attorneys’ fee.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff WILSON A. NOLASCO and those similarly-situated individuals


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respectfully request that this Honorable Court:

A. Enter judgment for Plaintiff WILSON A. NOLASCO and other similarly-situated

and against the Defendants COMPLETE HIGHWAY IDENTITY and MIRNESA

HASANOVIC on the basis of Defendants’ willful violations of the Fair Labor

Standards Act, 29 U.S.C. § 201 et seq.; and

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

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

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

D. Award Plaintiff reasonable attorneys' fees and costs of suit; and

E. Grant such other and further relief as this Court deems equitable and just and/or

available pursuant to Federal Law.

JURY DEMAND

Plaintiff WILSON A. NOLASCO and those similarly-situated demand trial by jury of all

issues triable as of right by jury.

Dated: May 17, 2017

Respectfully submitted,

By: _/s/ Zandro E. Palma____

ZANDRO E. PALMA, P.A.

Florida Bar No.: 0024031

9100 S. Dadeland Blvd.

Suite 1500

Miami, FL 33156

Telephone: (305) 446-1500

Facsimile: (305) 446-1502

[email protected]

Attorney for Plaintiff


JS 44 (Rev. 11/05) CIVIL COVER SHEETThe JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as providedby local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiatingthe civil docket sheet. (SEE INSTRUCTIONS ON THE REVERSE OF THE FORM.) NOTICE: Attorneys MUST Indicate All Re-filed Cases Below.

I. (a) PLAINTIFFS DEFENDANTS

(b) County of Residence of First Listed Plaintiff County of Residence of First Listed Defendant(EXCEPT IN U.S. PLAINTIFF CASES) (IN U.S. PLAINTIFF CASES ONLY)

(c) Attorney’s (Firm Name, Address, and Telephone Number) NOTE: IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACTLAND INVOLVED.

Attorneys (If Known)

(d) Check County Where Action Arose: MIAMI- DADE MONROE BROWARD PALM BEACH MARTIN ST. LUCIE INDIAN RIVER OKEECHOBEEHIGHLANDS

II. BASIS OF JURISDICTION (Place an “X” in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES(Place an “X” in One Box for Plaintiff(For Diversity Cases Only) and One Box for Defendant)

1 U.S. Government 3 Federal Question PTF DEF PTF DEFPlaintiff (U.S. Government Not a Party) Citizen of This State 1 1 Incorporated or Principal Place 4 4

of Business In This State

2 U.S. Government 4 Diversity Citizen of Another State 2 2 Incorporated and Principal Place 5 5Defendant (Indicate Citizenship of Parties in Item III) of Business In Another State

Citizen or Subject of a 3 3 Foreign Nation 6 6 Foreign Country

IV. NATURE OF SUIT (Place an “X” in One Box Only)CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES

110 Insurance PERSONAL INJURY PERSONAL INJURY 610 Agriculture 422 Appeal 28 USC 158 400 State Reapportionment120 Marine 310 Airplane 362 Personal Injury - 620 Other Food & Drug 423 Withdrawal 410 Antitrust130 Miller Act 315 Airplane Product Med. Malpractice 625 Drug Related Seizure 28 USC 157 430 Banks and Banking140 Negotiable Instrument Liability 365 Personal Injury - of Property 21 USC 881 450 Commerce150 Recovery of Overpayment 320 Assault, Libel & Product Liability 630 Liquor Laws PROPERTY RIGHTS 460 Deportation

& Enforcement of Judgment Slander 368 Asbestos Personal 640 R.R. & Truck 820 Copyrights 470 Racketeer Influenced and151 Medicare Act 330 Federal Employers’ Injury Product 650 Airline Regs. 830 Patent Corrupt Organizations152 Recovery of Defaulted Liability Liability 660 Occupational 840 Trademark 480 Consumer Credit

Student Loans 340 Marine PERSONAL PROPERTY Safety/Health 490 Cable/Sat TV(Excl. Veterans) 345 Marine Product 370 Other Fraud 690 Other 810 Selective Service

153 Recovery of Overpayment Liability 371 Truth in Lending LABOR SOCIAL SECURITY 850 Securities/Commodities/ of Veteran’s Benefits 350 Motor Vehicle 380 Other Personal 710 Fair Labor Standards 861 HIA (1395ff) Exchange

160 Stockholders’ Suits 355 Motor Vehicle Property Damage Act 862 Black Lung (923) 875 Customer Challenge190 Other Contract Product Liability 385 Property Damage 720 Labor/Mgmt. Relations 863 DIWC/DIWW (405(g)) 12 USC 3410195 Contract Product Liability 360 Other Personal Product Liability 730 Labor/Mgmt.Reporting 864 SSID Title XVI 890 Other Statutory Actions196 Franchise Injury & Disclosure Act 865 RSI (405(g)) 891 Agricultural Acts REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 740 Railway Labor Act FEDERAL TAX SUITS 892 Economic Stabilization Act210 Land Condemnation 441 Voting 510 Motions to Vacate 790 Other Labor Litigation 870 Taxes (U.S. Plaintiff 893 Environmental Matters220 Foreclosure 442 Employment Sentence 791 Empl. Ret. Inc. or Defendant) 894 Energy Allocation Act230 Rent Lease & Ejectment 443 Housing/ Habeas Corpus: Security Act 871 IRS—Third Party 895 Freedom of Information240 Torts to Land Accommodations 530 General 26 USC 7609 Act245 Tort Product Liability 444 Welfare 535 Death Penalty 900Appeal of Fee Determination290 All Other Real Property 445 Amer. w/Disabilities - 540 Mandamus & Other Under Equal Access

Employment 550 Civil Rights to Justice446 Amer. w/Disabilities - 555 Prison Condition 950 Constitutionality of

Other State Statutes440 Other Civil Rights

V. ORIGIN Transferred fromanother district(specify)

Appeal to DistrictJudge fromMagistrateJudgment

(Place an “X” in One Box Only)1 Original

Proceeding2 Removed from

State Court 3 Re-filed-

(see VI below)4 Reinstated or

Reopened 5 6 Multidistrict

Litigation7

VI. RELATED/RE-FILEDCASE(S).

a) Re-filed Case YES NO b) Related Cases YES NO(See instructionssecond page): JUDGE DOCKET

NUMBER

VII. CAUSE OFACTION

Cite the U.S. Civil Statute under which you are filing and Write a Brief Statement of Cause (Do not cite jurisdictional statutes unlessdiversity):

LENGTH OF TRIAL via ______ days estimated (for both sides to try entire case)VIII. REQUESTED IN

COMPLAINT:CHECK IF THIS IS A CLASS ACTIONUNDER F.R.C.P. 23

DEMAND $ CHECK YES only if demanded in complaint:JURY DEMAND: Yes No

ABOVE INFORMATION IS TRUE & CORRECT TOTHE BEST OF MY KNOWLEDGE

DATE

FOR OFFICE USE ONLY

AMOUNT RECEIPT # IFP

SIGNATURE OF ATTORNEY OF

RECORD

WILSON A. NOLASCO

The Law Office of Zandro E. Palma, P.A.9100 South Dadeland Blvd., Suite 1500, Miami, FL 33156Tel: (305) 446-1500

COMPLETE HIGHWAY IDENTITY, INC.and MIRNESA HASANOVIC

✔

✔

✘

✔

29 U.S.C.

✔ ✔

✔

3

May 17, 2017

Case 1:17-cv-21864-KMM Document 1-1 Entered on FLSD Docket 05/18/2017 Page 1 of 1

AO 440 (Rev. 12/09) Summons in a Civil Action

UNITED STATES DISTRICT COURTfor the

__________ District of __________

)))))))

Plaintiff

v. Civil Action No.

Defendant

SUMMONS IN A CIVIL ACTION

To: (Defendant’s name and address)

A lawsuit has been filed against you.

Within 21 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:

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.

CLERK OF COURT

Date:Signature of Clerk or Deputy Clerk

Southern District of Florida

WILSON A. NOLASCO


COMPLETE HIGHWAY IDENTITY, INC.Through Its Registered AgentMIRNESA HASANOVIC,1521 ALTON RD SUITE 571MIAMI, FL 33139

The Law Office of Zandro E. Palma, P.A.9100 South Dadeland BoulevardSuite 1500Miami, FL 33156


AO 440 (Rev. 12/09) Summons in a Civil Action

UNITED STATES DISTRICT COURTfor the

__________ District of __________

)))))))

Plaintiff

v. Civil Action No.

Defendant

SUMMONS IN A CIVIL ACTION

To: (Defendant’s name and address)

A lawsuit has been filed against you.

Within 21 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:

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.

CLERK OF COURT

Date:Signature of Clerk or Deputy Clerk

Southern District of Florida

WILSON A. NOLASCO


MIRNESA HASANOVIC,1521 ALTON RD SUITE 571MIAMI, FL 33139

The Law Office of Zandro E. Palma, P.A.9100 South Dadeland BoulevardSuite 1500Miami, FL 33156


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nolasco v. complete highway identify, inc. et al - …...nolasco as a full time, non-exempt hourly...

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