Mahomond v. Royal Caribbean Cruises, Ltd. et al
Filing
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COMPLAINT Civil Cover Sheet and Summonses (2) against Paula Michaelides, Royal Caribbean Cruises, Ltd. Filing fee $ 350.00 receipt number 113C-3996829, filed by Jessica Mahomond. (Attachments: # 1 Civil Cover Sheet, # 2 Summon(s) Royal Caribbean, # 3 Summon(s) Michaelides)(Dolin, Susan)
UNITED STATES DISTRICT COURT
SOUTHISN DISTRICT OF FLORIDA
CASE NO:
JESSICA MAHOMOND,
Plaintiff,
v.
ROYAL CARIBBEAN CRUISES, LTD.,
a foreign corporation, and PAULA
MICHAELIDES, Individually,
Defendant.
_________________________________/
COMPLAINT
COMES NOW the Plaintiff, JESSICA MAHOMOND, by and through her undersigned
counsel, and sues the Defendants, ROYAL CARIBBEAN CRUISES, LTD., a foreign corporation,
and PAULA MICHAELIDES, individually, and for her cause of action, declares and avers as
follows:
1.
The Plaintiff, JESSICA MAHOMOND (hereinafter referred to as “MAHOMOND”),
was formerly employed by Defendant, ROYAL CARIBBEAN CRUISES, LTD., a foreign
corporation (hereinafter referred to as “ROYAL CARIBBEAN”) and brings this action for
compensation and other relief under the Fair Labor Standards Act, as amended, 29 U.S.C. §201, et
seq. (hereinafter referred to as “the FLSA” or “the Act”). MAHOMOND is a citizen and resident of
Miami-Dade County, Florida within the jurisdiction of this Court.
2.
Defendant, ROYAL CARIBBEAN is a foreign corporation doing business and with
its principal place of business in Miami-Dade County, Florida, engaged in the business of operating
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and selling cruises, within the jurisdiction of this Court.
3.
This action is brought to recover from ROYAL CARIBBEAN and PAULA
MICHAELIDES, individually, unpaid overtime compensation, liquidated damages, and costs and
reasonable attorneys' fees, as well as for declaratory and injunctive relief, under the provisions of the
FLSA, 29 U.S.C. §201, et seq., and specifically under 29 U.S.C. §216(b).
4.
Jurisdiction is conferred on this Court by 28 U.S.C. §1337 and by 29 U.S.C. §216(b).
ROYAL CARIBBEAN is, and at all times pertinent to this Complaint, was, engaged in interstate
commerce. At all times material hereto, the annual gross revenue of ROYAL CARIBBEAN was in
excess of $500,000.00, per annum.
5.
By reason of the foregoing, ROYAL CARIBBEAN was, during all times hereafter
mentioned, an enterprise engaged in commerce or in the production of goods for commerce as
defined in §§3(r) and 3(s) of the FLSA, 29 U.S.C. §203(r) and §203(s).
6.
At all times pertinent to this Complaint, Defendant failed to comply with 29 U.S.C.
§§201-19 in that MAHOMOND performed hours of landside service for ROYAL CARIBBEAN for
which no provision was made by ROYAL CARIBBEAN to properly pay Plaintiff.
7.
During the period 2008 through 2011, MAHOMOND was employed by ROYAL
CARIBBEAN as an assistant to both an Assistant Vice President and a Vice President.
MAHOMOND’s duties were wholly clerical in nature. She helped schedule executive staff
meetings, arranged appointments and travel for her superiors, organized their schedules, and like
duties. By reason of such employment, MAHOMOND was employed during such period by an
enterprise engaged in commerce within the meaning of 29 U.S.C. §§206(a) and 207(a). Further,
MAHOMOND herself was engaged in commerce. The work performed by MAHOMOND was
directly essential to the business operations of ROYAL CARIBBEAN in interstate commerce.
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8.
At all times material hereto, and as a clerical assistant, ROYAL CARIBBEAN
compensated MAHOMOND on an hourly basis.
9.
At
all
times
material
hereto,
Defendant
(“MICHAELIDES”) was MAHOMOND’s direct supervisor.
PAULA
MICHAELIDES
At all times material hereto,
MICHAELIDES had power and control over MAHOMOND, including but not limited to, the power
to terminate or otherwise affect MAHOMOND’S employment, including but not limited to her
compensation, and the power to influence and/or affect final corporate decisions regarding the
employment of MAHOMOND.
10.
Since ROYAL CARIBBEAN employed MICHAELIDES and vested her with
supervisory authority and control over MAHOMOND, including but not limited to the power
effectively set MAHOMOND’s compensation and to cause or bring about the termination of
MAHOMOND, ROYAL CARIBBEAN is responsible for the acts and conduct of MICHAELIDES..
11.
In the course of her employment as a clerical assistant with ROYAL CARIBBEAN,
MAHOMOND worked the number of hours required of her, many times in excess of forty (40), but
was not paid overtime. Moreover, Michaelides refused to permit MAHOMOND to record the
number of hours she worked in excess of forty (40) or simply instructed MAHOMOND that she was
not allowed to record the number of hours she worked in excess of forty (40), both in clear violation
of ROYAL CARIBBEAN’S record-keeping obligations under the FLSA, specifically §211(c).
12.
The pay practices of ROYAL CARIBBEAN as described in the above paragraph
violated the FLSA by failing to pay overtime to MAHOMOND for those hours worked in excess of
forty (40), from approximately September 1, 2009 until her termination which occurred on or about
August 2, 2011.
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13.
The records concerning the number of hours actually worked by MAHAMOND and
the compensation actually paid to her are in the exclusive possession and sole custody and control of
ROYAL CARIBBEAN, and MAHOMOND is unable to state at this time the exact amount due and
owing her. MAHOMOND proposes to obtain such information by appropriate discovery to be taken
promptly in this case. Moreover, because of ROYAL CARIBBEAN’s violation of the FLSA’s
record keeping requirements, MAHOMOND is unable to state with specificity the number of hours
worked in excess of forty (40).
COUNT I - RECOVERY OF UNPAID OVERTIME
14.
MAHOMOND reavers and realleges all allegations contained in paragraphs 1
through 13 above as if fully set forth herein.
15.
MAHOMOND is entitled to be paid time and one half for each hour worked in excess
of forty (40) per work week and to have such overtime calculated in accordance with Federal
Regulations, to include commission/bonus payments earned in the appropriate work week in the
calculation of the regular rate for the purposes of determining overtime entitlement.
16.
By reason of the said intentional, willful and unlawful acts of ROYAL CARIBBEAN
and MICHAELIDES, MAHOMOND has suffered damages plus incurred costs and reasonable
attorneys' fees.
17.
As a result of ROAYL CARIBBEAN's and MICHAELIDES’s willful violation of the
Act, MAHOMOND is entitled to liquidated damages in an amount equal to that which she is owed
as unpaid overtime.
WHISEFORE, Plaintiff, JESSICA MAHOMOND, demands judgment against Defendants,
ROYAL CARIBBEAN CRUISES, LTD. and PAULA MICHAELIDES, individually for the wages
and overtime payments due her for the hours worked by her for which she has not been properly
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compensated, liquidated damages, reasonable attorneys' fees and costs of suit, and for all other relief
the Court deems just and proper, including pre-judgment interest.
Respectfully submitted,
SUSAN L. DOLIN, P.A.
Counsel for Plaintiff
9000 Sheridan Street
Suite 93
Pembroke Pines, FL 33024
By: /s/ Susan L. Dolin, Esq.
SUSAN L. DOLIN, ESQ.
Florida Bar No. 708690
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