Case 0:22-cv-60396-RAR Document 1 Entered on FLSD Docket 02/22/2022 Page 1 of 3
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`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF FLORIDA
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`CASE NO.: _______________________
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`MARIE DESJARDINS,
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`Plaintiff,
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`v.
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`PRO-HEALTH NURSING SERVICES, INC A/K/A
`PRO-HEALTH NURSING SERVICES 2, LLC
`A/K/A BEST PCS LLC, a Florida Corporation,
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`Defendants.
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`COMPLAINT
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`COMES NOW Plaintiff, MARIE DESJARDINS, by and through his undersigned counsel,
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`and sues the Defendants, PRO-HEALTH NURSING SERVICES, INC a/k/a PRO-HEALTH
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`NURSING SERVICES 2, LLC a/k/a BEST PCS LLC (hereinafter, referred to as “PHNS”), and
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`allege as follows:
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`1.
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`That Plaintiff, a former employee of the Defendants, brings this action to recover
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`compensation and other relief under the Fair Labor Standards Act, as amended (the "FLSA"), 29
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`U.S.C. § 201 et seq. The gravamen of this case is that the Plaintiff was a non-exempt employee
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`hired by the Defendants on an hourly basis, but the Defendants willfully refused to (1) compensate
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`the Plaintiff for all work performed in direct contravention of the law; and (2) compensate the
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`Plaintiff for time and one half for each hour worked in excess of forty (40) hours per work week, as
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`well as even the basic minimum wage for such work, under Federal law.
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`2.
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`3.
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`That jurisdiction is conferred on this Court by 29 U.S.C. § 216(b).
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`That the unlawful employment practices alleged below occurred and/or were
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`committed within this judicial district.
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`1
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`UNITED STATES DISTRICT COURT
`SOUTHERN DISTRICT OF FLORIDA
`
`CASE NO.: _______________________
`
`
`MARIE DESJARDINS,
`
`
`Plaintiff,
`
`
`v.
`
`PRO-HEALTH NURSING SERVICES, INC A/K/A
`PRO-HEALTH NURSING SERVICES 2, LLC
`A/K/A BEST PCS LLC, a Florida Corporation,
`
`
`Defendants.
` /
`
`
`
`
`COMPLAINT
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`
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`COMES NOW Plaintiff, MARIE DESJARDINS, by and through his undersigned counsel,
`
`and sues the Defendants, PRO-HEALTH NURSING SERVICES, INC a/k/a PRO-HEALTH
`
`NURSING SERVICES 2, LLC a/k/a BEST PCS LLC (hereinafter, referred to as “PHNS”), and
`
`allege as follows:
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`1.
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`That Plaintiff, a former employee of the Defendants, brings this action to recover
`
`compensation and other relief under the Fair Labor Standards Act, as amended (the "FLSA"), 29
`
`U.S.C. § 201 et seq. The gravamen of this case is that the Plaintiff was a non-exempt employee
`
`hired by the Defendants on an hourly basis, but the Defendants willfully refused to (1) compensate
`
`the Plaintiff for all work performed in direct contravention of the law; and (2) compensate the
`
`Plaintiff for time and one half for each hour worked in excess of forty (40) hours per work week, as
`
`well as even the basic minimum wage for such work, under Federal law.
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`2.
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`3.
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`That jurisdiction is conferred on this Court by 29 U.S.C. § 216(b).
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`That the unlawful employment practices alleged below occurred and/or were
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`committed within this judicial district.
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`1
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`Case 0:22-cv-60396-RAR Document 1 Entered on FLSD Docket 02/22/2022 Page 2 of 3
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`4.
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`That at all times material hereto, Plaintiff was and is presently a resident of this
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`judicial district, sui juris and otherwise within the jurisdiction of this Court.
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`5.
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`That at all times material hereto, Defendants were the employers of the Plaintiff, were
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`conducting business in this judicial district and were ‘employers’ under the FLSA.
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`6.
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`That at all times material hereto, Defendant, FIRSTN LASTN individually, acted
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`directly in the interests of his employer, the Defendant, PHNS, in relation to the Plaintiff, and this
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`individual Defendant exercised the requisite legal control and otherwise administered the illegal acts
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`as described herein on behalf of the Defendant, PHNS, and is otherwise an ‘employer’ under the
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`FLSA.
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`7.
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`That at all times material hereto, Defendant, PHNS, was and continues to be an
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`‘enterprise engaged in commerce’ within the meaning of the FLSA.
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`8.
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`That at all times material hereto, Plaintiff was ‘engaged in commerce’ within the
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`meaning of the FLSA.
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`9.
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`That on or about February 17, 2021, the Plaintiff, MARIE DESJARDINS was hired
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`as a non-exempt employee by the Defendants.
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`10.
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`During his employment, Defendants had Plaintiff, a non-exempt employee under the
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`FLSA, work for Defendants in excess of forty (40) hours per week. However, the Defendants
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`willfully refused to compensate the Plaintiff for time and one half for each hour worked in excess of
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`forty (40) hours per work week, as well as even the basic minimum wage for such work, as required
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`by the FLSA.
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`11.
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`That all records concerning the number of hours actually worked by Plaintiff are in
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`the exclusive possession and sole custody and control of the Defendants, and therefore, Plaintiff is
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`unable to state at this time the exact amount due.
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`12.
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` That Plaintiff, however, will exert their collective diligent efforts to obtain such
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`2
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`Case 0:22-cv-60396-RAR Document 1 Entered on FLSD Docket 02/22/2022 Page 3 of 3
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`information by appropriate discovery proceedings, to be taken promptly in this case, and if required,
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`an amendment to this Complaint will be submitted to set forth an amount due by the Plaintiff.
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`Plaintiff incorporates by reference the allegations contained in paragraphs 1 through 12 of
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`COUNT I
`FLSA – PHNS
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`this Complaint.
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`13.
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`That Plaintiff is entitled to minimum wage for hours worked as well as time and one
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`half for each hour worked in excess of forty (40) hours per work week pursuant to the FLSA.
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`14.
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`That by reason of the intentional, willful and unlawful acts of the Defendant, PHNS,
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`in violation of the FLSA, Plaintiff has suffered damages.
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`WHEREFORE, Plaintiff, MARIE DESJARDINS, demands judgment against the
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`Defendant, PHNS, for all damages and relief under the FLSA, including liquidated damages,
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`attorneys’ fees, costs and expenses, in addition to all other relief this Court deems just and proper.
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`DEMAND FOR JURY TRIAL
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`Plaintiff, MARIE DESJARDINS, demands trial by jury.
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`Dated: February 22, 2022.
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`Respectfully submitted,
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`Law Offices of Levy & Levy, P.A.
`1000 Sawgrass Corporate Parkway, Suite 588
`Sunrise, Florida 33323
`Telephone: (954) 763-5722
`Facsimile: (954) 763-5723
`Counsel for Plaintiff
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`/s/ Chad Levy
`CHAD E. LEVY, ESQ.
`chad@levylevylaw.com
`Secondary: assistant@levylevylaw.com
`F.B.N.: 0851701
`DAVID M. COZAD, ESQ.
`david@levylevylaw.com
`F.B.N.: 333920
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