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UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF FLORIDAWest Palm Beach Division

Case No.: __________________

MARCUS ABREGO,

individually andon behalf of all others similarly situated,Plaintiff,v.

BAKER LANDSCAPE CORPORATION,

a Florida corporation, and

MARK ALLEN BAKER,

an individualDefendants._______________________________________/

COMPLAINT

Plaintiff, Marcus Abrego, on his own behalf and on behalf of all others similarly situated,sues Defendants, Baker Landscape Corporation, a Florida corporation, and Mark Allen Baker(collectively “Defendants” unless otherwise noted), for violating the Fair Labor Standards Act,29 U.S.C. § 216(b) (“FLSA”).

Parties, Jurisdiction, Venue, Facts, Etc.

Plaintiff, a resident of Lake Worth, Florida, was employed by Defendants. He wasa non-exempt employee within the meaning of the FLSA and was entitled to minimum andovertime wages pursuant to the FLSA.

See

29 U.S.C. § 206.2.

Defendants are all employers within the meaning of the FLSA.3.

Baker Landscape Corporation, is a Florida corporation that operates and doesbusiness in Delray Beach, Florida. It is a landscaping business.

Case 9:10-cv-80944-JIC Document 1 Entered on FLSD Docket 08/10/2010 Page 1 of 3

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Mark Allen Baker is the owner of the corporate defendant and is an employer of the Plaintiff within the meaning of the FLSA. He is the individual responsible for Plaintiff’swages. Upon information and belief, he is a resident of Delray Beach, Florida.5.

Throughout Plaintiff’s employment with the Defendants, Plaintiff regularly androutinely worked in excess of 40 hours per week. He was paid $9.00 per hour and was only paid“straight-time” for those hours in excess of 40.6.

Plaintiff’s counsel has reviewed Plaintiff’s time records but they do not accuratelymatch his pay stubs.7.

Plaintiff worked additional hours not listed on his time records.8.

The Defendants’ time records are inaccurate.9.

Many of the Defendants’ employees are undocumented immigrants who are farless likely to come forward to complaint about illegal pay practices.10.

Jurisdiction is premised on 28 U.S.C. § 1331 (federal question jurisdiction)11.

Venue is proper because all of the facts and allegations that form the basis of thisComplaint occurred within Palm Beach County, Florida.12.

Upon information and belief, numerous employees of the Defendants were andare being improperly denied wages in violation of the FLSA and Florida common law.13.

Plaintiff has retained counsel and is obligated to pay a fee for services rendered.14.

The parties engaged in presuit settlement discussions in a good faith effort toresolve the matter without litigation, but the parties were unable to reach a solution.

Count I – Fair Labor Standards Act

15.

Plaintiff incorporates paragraphs 1 – 14.

Case 9:10-cv-80944-JIC Document 1 Entered on FLSD Docket 08/10/2010 Page 2 of 3