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Helen F. Dalton & Associates, P.C. Roman Avshalumov (RA 5508) 69-12 Austin Street Forest Hills, NY 11375 Telephone: (718) 263-9591 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK
CLERK"S OFFICE U.S. DISTRICT COURT EON Y

* MAR 17 2011 *
BROOKLYN OFFICE

CVll-1288
COMPLAINT

----------------------------------------------------------------------)( VICENTE ARELLANO,

Plaintiff, -againstDIVERSIFIED MAINTENANCE SYSTEMS, INC., Defendant.

JURY TRIAL DEMANDED

BLOCK' & .
.

----------------------------------------------------------------------)(

ORENSTEIN, M.J.
I. Plaintiff, VICENTE ARELLANO (hereinafter referred to as "Plaintiff"), by

his attorneys at Helen F. Dalton & Associates, P.C., allege, upon personal knowledge as to himself and upon information and belief as to other matters, as follows:
PRELIMINARY STATEMENT

2. Plaintiff, VICENTE ARELLANO, through undersigned counsel, brings this action against DIVERSIFIED MAINTENANCE SYSTEMS, INC., ("Defendant"), to recover damages for egregious violations of Federal and State overtime laws arising out of Plaintiffs employment at DIVERSIFIED MAINTENANCE SYSTEMS, INC., in New York State. 3. Plaintiff VICENTE ARELLANO was employed by the Defendant to work as a housekeeper and to transport other employees from their place of residence to work and back from in or around March, 201 0 until his employment was terminated from in or around September, 2010. 4. Although Plaintiff VICENTE ARELLANO worked approximately eightyfour (84) hours or more from in or around March, 2010 until September, 2010,

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the Defendant did not pay Plaintiff time and a half (I .5) for hours worked while transporting employees to and from their residences or work sites, a blatant violation of the overtime provisions contained in the Fair Labor Standards Act ("FLSA") and New York Labor Law ("NYLL"). 5. As a result of these violations of Federal and New York State labor Jaws
'

Plaintiff seeks compensatory damages and liquidated damages in an amount exceeding $100,000. Plaintiff also seeks interest, attorneys' fees, costs, and all other legal and equitable remedies this Court deems appropriate.
JURISDICTION AND VENUE

6. This Court has subject matter jurisdiction over Plaintiff's Federal law claims pursuant to the FLSA, 29 U.S.C. 216 and 28 U.S.C. 1331. 7. This Court has supplemental jurisdiction over Plaintiffs State law claims pursuant to 28 U.S.C. 1367. 8. Venue is proper in the Eastern District of New York pursuant to 28 U.S.C. 139!(b) because a substantial part of the events or omissions giving rise to the claims occurred in this District. 9. This Court is empowered to issue a declaratory judgment pursuant to 28 U.S.C. 2201 and 2202.
THE PARTIES

10. Plaintiff, VICENTE ARELLANO, resides at 108-67 41st Avenue, Corona, NY 1!368, in Queens County, New York State and was employed by the Defendant at DIVERSIFIED MAINTENANCE SYSTEMS, INC., in New York from in or around March, 2010 until September, 2010. 11. Upon information and belief, Defendant, DIVERSIFIED MAINTENANCE SYSTEMS, INC., is a corporation organized under the laws of Florida with a principal executive office at 5 I 10 Eisenhower Boulevard, Suite 250, Tampa, FL 33634.

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12. Upon information and belief, Defendant, DIVERSIFIED MAINTENANCE SYSTEMS, INC., is a corporation authorized to do business under the laws of New York. 13. During all relevant times herein, Defendant DIVERSIFIED MAINTENANCE SYSTEMS, INC., was Plaintiff's employer within the meaning of the FLSA andNYLL. 14. On information and belief, DIVERSIFIED MAINTENANCE SYSTEMS, INC. is, at present and has been at all times relevant to the allegation in the Complaint, an enterprise engaged in interstate commerce within the meaning of the FLSA in that the entity (i) has had employees engaged in commerce or in the production of goods for commerce, and handle, sell or otherwise work on goods or material that have been moved in or produced for commerce by any person; and (ii) has had an annual gross volume of sales of not less than $500,000.

STATEMENT OF FACTS
15. Plaintiff, VICENTE ARELLANO, was employed by Defendants at DIVERSIFIED MAINTENANCE SYSTEMS, INC., in New York between approximately March, 2010 until September, 2010. 16. During his employment by the Defendant at DIVERSIFIED

MAINTENANCE SYSTEMS, INC., Plaintiff's primary duties were working as a housekeeper, transporting employees to and from their residences and work sites, and performing other miscellaneous duties as directed by supervisors and managers. 17. The Defendant usually created a work schedule, requiring Plaintiff VICENTE

ARELLANO to work well more than forty (40) hours per week.
18. In fact, the schedule created by the Defendant required Plaintiff to work approximately eighty-four (84) hours or more per week. 19. Although Plaintiff worked approximately eighty -four (84) hours or more per week from March, 20 I 0 until September, 20 I 0, Defendants did not pay Plaintiff time and a half (1.5) for hours worked while transporting employees

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to and from their residences and work sites, a blatant violation of the overtime provisions contained in the FLSA and NYLL. 20. Furthermore, upon information and belief, Defendants willfully failed to post notices of the overtime wage requirements in a conspicuous place and willfully failed to keep payroll records, as required by both the FLSA and NYLL.

FIRST CAUSE OF ACTION Overtime Wages Under The Fair Labor Standards Act

21. Plaintiff re-alleges and incorporates by reference all allegations m all preceding paragraphs. 22. Plaintiff has consented in writing to be a party to this action, pursuant to 29 U.S.C. 216(b). 23. At all times relevant to this action, Plaintiff was engaged in commerce or the production of goods for commerce within the meaning of 29 U.S.C. 206(a) and 207(a). 24. At all times relevant to this action, the Defendant was an employer engaged in commerce or the production of goods for commerce within the meaning of 29 U.S.C. 206(a) and 207(a). 25. The Defendant willfully failed to pay the Plaintiff overtime wages for hours worked while transporting employees to and from their residences and work sites per week at a wage rate of one and a half ( 1.5) times the regular wage, to which Plaintiff was entitled in violation of29 U.S.C. 207(a)(l). 26. The Defendant's violations of the FLSA as described in this Complaint have been willful and intentional. The Defendant has not made a good effort to comply with the FLSA with respect to the Plaintiffs compensation. 27. Due to the Defendant's FLSA violations, the Plaintiff is entitled to recover from the Defendant, jointly and severally, his unpaid wages and an equal amount in the form of liquidated damages, as well as reasonable attorneys' fees and costs of the action, including interest, pursuant to the FLSA, specifically 29 U.S.C. 216(b).

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SECOND CAUSE OF ACTION Overtime Wages Under New York Labor Law

28. Plaintiff re-alleges and incorporates by reference all allegations m all preceding paragraphs. 29. At all times relevant to this action, the Plaintiff was employed by the Defendant within the meaning ofNYLL 2 and 651. 30. The Defendant failed to pay Plaintiff overtime wages for hours worked in excess of forty (40) hours per week at a wage rate of one and a half (1.5) times the minimum wage, the minimum wage rate to which Plaintiff was entitled under NYLL 652, in violation of 12 N.Y.C.R.R. 137-1.3. 31. Due to the Defendant's NYLL violations, the Plaintiff is entitled to recover from the Defendant, jointly and severally, his unpaid overtime wages and an amount equal to twenty-five percent (25%) of his unpaid overtime wages in the form of liquidated damages, as well as reasonable attorneys' fees and costs of the action, including interest in accordance with NYLL 198(1-a).
PRAYER FOR RELIEF Wherefore, Plaintiff respectfully requests that judgment be granted:

a. Declaring the Defendant's conduct complained herein to be in violation of the Plaintiff's rights under the FLSA, the NYLL, and its regulations; b. Awarding Plaintiff unpaid overtime wages; c. Awarding Plaintiff liquidated damages pursuant to 29 U.S.C. 216 and NYLL 198(1-a), 663(1 ); d. Awarding Plaintiff prejudgment and post-judgment interest; e. Awarding Plaintiff the costs of this action together with reasonable attorneys' fees; and f. Awarding such and further relief as this Court deems necessary and proper.

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DEMAND FOR TRIAL BY JURY Pursuant to Ru1e 38(b) of the Federal Ru1es of Civil Procedure, Plaintiff demands a trial by jury on all questions of fact raised by the Complaint.

Dated: This 22 day of February, 2011.