DE 65 - Second Amended Complaint 031811.doc - George ...

Case 9:10-cv-80771-KLR Document 66 Entered on FLSD Docket 03/18/2011 Page 6 of 94information and belief, Villanueva selected Plaintiffs’ places of employment, established theterms of their employment, controlled their work schedules and supervised their work.20. Defendant Redelina Fernandez (hereinafter “Fernandez”) was an agent, employee andrepresentative of Star One Defendants at all times relevant to this action. Upon information andbelief, Defendant Fernandez controlled Plaintiffs’ work schedules and supervised their work.21. At all times relevant to this action, each of the above-named Defendants was an employerof each Plaintiff within the meaning of the Fair Labor Standards Act, 29 U.S.C. § § 201 et seq.,Fla. Stat. § 448.109(1)(a) and New York Labor Law, N.Y. Lab. L. § § 190 et. seq. and 650 et.seq.22. At all times relevant to this action, Plaintiffs were “employees” of each Defendant withinthe meaning of the Fair Labor Standards Act, 29 U.S.C. § § 201 et seq., Fla. Stat. § 448.109(1)(a)and the New York Labor Law, N.Y. Lab. L. § § 190 et. seq. and 650 et. seq.23. At all times relevant to his action, Plaintiffs were engaged in commerce, the production ofgoods for commerce, and/or were employed in enterprises engaged in commerce or in theproduction of goods for commerce within the meaning of 29 U.S.C. § § 206(a) and 207(a).24. As detailed in Paragraphs 9 through 21, at all times relevant to this action, Star OneDefendants constituted a unified operation, were under common control for a common businesspurpose, had employees handling, selling, or otherwise working on goods or materials that havebeen moved in or produced for commerce by any person, and had an aggregate annual grossvolume of business of at least $500,000.25. Upon information and belief, at all times relevant to this action, the country clubs,banquet hall, and hotels listed in Paragraphs 278 and 282 were each an enterprise withemployees engaged in handling, selling, or otherwise working on goods or materials that have6