MIAMI – A man hired to work for a property management companies' Miami locations alleges he was not properly compensated for his work and was misclassified.
Rogelio Roque filed a complaint on Sept. 20 in the U.S. District Court for the Southern District of Florida, Miami Division against the Sharazad LLC, Global Power Equity, 110 NW 5th Avenue LLC and Gerald Shvartsman citing the Fair Labor Standards Act.
According to the complaint, the plaintiff alleges that he worked for the defendants from April 2012 to August to perform duties including property management, carpentry, maintenance, general construction, leasing and eviction enforcement. He alleges he was misclassified as an independent contractor and he was not paid overtime compensation or proper minimum wage.
The plaintiff holds Sharazad LLC, Global Power Equity, 110 NW 5th Avenue LLC and Gerald Shvartsman responsible because the defendants allegedly failed to provide correct information returns to the Internal Revenue Service and to plaintiff, failed to properly identify plaintiff as an employee and pay the required employment taxes on his behalf and failed to properly compensate plaintiff at the proper overtime rate for each hour worked in excess of 40 hours per week.
The plaintiff requests a trial by jury and seeks judgment in his favor, $5,000 for each fraudulent information return filed by defendant for each year, attorneys' fees, costs, expenses, interest and further relief as the court deems just. He is represented by Jeremiah J. Talbott and Tyler L. Gray of Law Office of Jeremiah J. Talbott in Pensacola.
U.S. District Court for the Southern District of Florida, Miami Division Case number 1:16-cv-24025