TAMPA – A Hillsborough County man alleges he was
misclassified as an independent contractor during his employment with a
janitorial services company.
Ricky Villanueva filed a complaint on Jan. 24 in the Tampa Division for the
Middle District of Florida against Tavares Janitorial Services Inc. and Egue
Tavares alleging violation of the Fair Labor Standards Act.
According to the complaint, the plaintiff alleges that between 2010 and 2015,
plaintiff was an employee and worked solely for Tavares Janitorial Services
Inc. but was misclassified as an independent contractor. He alleges he worked
for the defendant in excess of 40 hours within a work week and should be
compensated at a rate of one-and-one-half times his regular hourly rate. The
plaintiff holds Tavares Janitorial Services Inc. and Tavares responsible
because the defendant allegedly failed to pay overtime premiums for all the
overtime hours, and showed reckless disregard for the provisions of the FLSA
and Internal Revenue Code for not withholding taxes from the plaintiff’s
The plaintiff requests a trial by jury and seeks costs attributable to
resolving deficiencies, damages resulting from the additional tax debt,
attorney's fees and for such further relief as the court deems just and
equitable. He is represented by Luisa A. Cabassa and Wenzel Fenton Cabassa of
Wenzel Fenton Cabassa PA in Tampa.
Tampa Division for the Middle District of Florida Case number 8:17-cv-00188