U.S. DISTRICT COURT MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
JOSEPH DEBERGALIS,
Plaintiff,
v. Case No.:
THE GREAT OUTDOORS RV/GOLF RESORT
COMMUNITY SERVICES ASSOCIATION
Defendant.
__________________________ /
COMPLAINT AND DEMAND FOR JURY TRIAL
Comes now PLAINTIFF, JOSEPH DEBERGALIS by and through undersigned counsel and sues DEFENDANT, THE GREAT OUTDOORS RV/GOLF RESORT COMMUNITY SERVICES ASSOCIATION and states as follows:
INTRODUCTION
1. This is an action by JOSEPH DEBERGALIS against his former employer for unpaid overtime and unpaid wages, pursuant to the Fair Labor Standards Act (“FLSA”). JOSEPH DEBERGALIS seeks damages and reasonable attorney fees and costs.
JURISDICTION
2. This action arises under the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 201, et. seq. The Court has original jurisdiction over the FLSA claims pursuant to 29 U.S.C. § 216(b) and 28 U.S.C. § 1331.
VENUE
3. The venue of this Court over this controversy is proper based upon the claims arising in Brevard County, Florida.
PARTIES
4. At all times material hereto JOSEPH DEBERGALIS has resided in Brevard County, Florida.
5. At all times material hereto, JOSEPH DEBERGALIS was the employee of THE GREAT OUTDOORS RV/GOLF RESORT COMMUNITY SERVICES ASSOCIATION within the meaning of the FLSA, 29 U.S.C. 203(e)(1).
6. JOSEPH DEBERGALIS was employed by THE GREAT OUTDOORS RV/GOLF RESORT COMMUNITY SERVICES ASSOCIATION providing Administrative Services and Scheduling.
7. JOSEPH DEBERGALIS was employed by THE GREAT OUTDOORS RV/GOLF RESORT COMMUNITY SERVICES ASSOCIATION for the time period April 2006 through March 3, 2007.
8. At all times material hereto, THE GREAT OUTDOORS RV/GOLF RESORT COMMUNITY SERVICES ASSOCIATION has been a valid Florida corporation and has conducted business in Florida.
9. At all times material hereto, THE GREAT OUTDOORS RV/GOLF RESORT COMMUNITY SERVICES ASSOCIATION was engaged in commerce within the meaning of the FLSA, 29 U.S.C. §203(b).
10. At all times material hereto THE GREAT OUTDOORS RV/GOLF RESORT COMMUNITY SERVICES ASSOCIATION was an employer within the meaning of the FLSA, 29 U.S.C. §203(d).
11. At all times material hereto, THE GREAT OUTDOORS RV/GOLF RESORT COMMUNITY SERVICES ASSOCIATION was an enterprise within the meaning of the FLSA, 29 U.S.C. §203(r), (s).
12. At all times material hereto, THE GREAT OUTDOORS RV/GOLF RESORT COMMUNITY SERVICES ASSOCIATION had an annual gross dollar volume of sales made or business done of not less than $500,000 (five hundred thousand) per 29 U.S.C. § 203(s).
13. At all times material hereto THE GREAT OUTDOORS RV/GOLF RESORT COMMUNITY SERVICES ASSOCIATION was engaged in interstate commerce per 29 U.S.C. § 203(s).
14. JOSEPH DEBERGALIS does not possess the complete records relating to his respective work hours and compensation; THE GREAT OUTDOORS RV/GOLF RESORT COMMUNITY SERVICES ASSOCIATION is in possession of such records.
15. All conditions precedent to the institution and maintenance of this cause of action have been met or waived.
16. JOSEPH DEBERGALIS has retained the law firm of Allen & Arcadier, P.A. to represent him in this matter, and JOSEPH DEBERGALIS has agreed to pay, said firm a reasonable attorney fee for its services.
VIOLATION OF THE OVERTIME PROVISIONS OF
THE FAIR LABOR STANDARDS ACT UNDER FEDERAL LAW
17. Plaintiff re-alleges and incorporates herein the allegations contained in paragraphs 1 through 16.
18. Pursuant to 29 U.S.C. §207(a)(1), THE GREAT OUTDOORS RV/GOLF RESORT COMMUNITY SERVICES ASSOCIATION was required to pay JOSEPH DEBERGALIS overtime compensation at one and one-half times her regular rate of compensation for any hours worked in excess of forty (40) hours per week.
19. JOSEPH DEBERGALIS periodically worked in excess of forty (40) hours per week.
20. THE GREAT OUTDOORS RV/GOLF RESORT COMMUNITY SERVICES ASSOCIATION failed to pay JOSEPH DEBERGALIS overtime compensation at one and one-half times JOSEPH DEBERGALIS regular rate of compensation for hours worked in excess of forty (40) hours per week in violation of 29 U.S.C. §215(a)(2).
21. THE GREAT OUTDOORS RV/GOLF RESORT COMMUNITY SERVICES ASSOCIATION’S actions were willful and not in good faith.
22. THE GREAT OUTDOORS RV/GOLF RESORT COMMUNITY SERVICES ASSOCIATION is liable to JOSEPH DEBERGALIS for actual damages, liquidated damages, and equitable relief, pursuant to 29 U.S.C. §216(b).
23. THE GREAT OUTDOORS RV/GOLF RESORT COMMUNITY SERVICES ASSOCIATION is liable for JOSEPH DEBERGALIS attorney fees and costs incurred, pursuant to 29 U.S.C. §216(b).
WHEREFORE, JOSEPH DEBERGALIS demands judgment against THE GREAT OUTDOORS RV/GOLF RESORT COMMUNITY SERVICES ASSOCIATION for the following:
a. Unpaid overtime found to be due and owing;
b. An additional amount equal to the unpaid overtime wages found to be due and owing as liquidated damages;
c. Prejudgment interest;
d. Award of reasonable attorney’s fees and costs; and
e. Such other relief as this Court deems just and equitable.
DEMAND FOR JURY TRIAL
JOSEPH DEBERGALIS demands a trial by jury.
Dated: May ____, 2007 Respectfully submitted,
ALLEN & ARCADIER, P.A.
________________________
Wayne L. Allen, Esquire
Florida Bar No. 0110025
Email: allenlaw@cfl.rr.com
Maurice Arcadier, Esquire
Florida Bar No. 131180
Attorneys for Plaintiff
700 N. Wickham Road, Suite 107
Melbourne, Florida 32935
Phone: (321) 254-7550
Fax: (321) 242-1681
Attorney: Maurice Arcadier
Status: Closed
Date Filed: 05/25/2007
Our Melbourne office is centrally located in Brevard County, enabling our lawyers to serve clients throughout “the Space Coast”, including Cocoa Beach, Palm Bay and Vero Beach.
