PILED. tjjlf1jsjtct1jf FLO.: Plaintiff, BRANDY SHAFFER ("Plaintiff"), on behalf of herself and others similarly

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1 Case 6:17-cv PGB-KRS Document 1 Filed 02/27/17 Page 1 of 4 PagelD 1 PILED BRANDY SHAFFER, on behalf of herself and others similarly situated, MIDDLE DISTRICT OF FLORID COT/ FEB 27 PH 4: 20 UNITED STATES DISTRICT ORLANDO DIVISION I'S 0:STRICT r.1:::;r tjjlf1jsjtct1jf FLO.: Plaintiff, v. CASE NO.: 6.17-cv-336-ORL-40KRS NITRO GREEN INC., a Florida corporation, and CLINTON M. WOODS, Defendants. COMPLAINT Plaintiff, BRANDY SHAFFER ("Plaintiff"), on behalf of herself and others similarly situated, hereby sues the Defendants, NITRO GREEN INC. ("Nitro Green") and CLINTON M. WOODS ("Woods") and alleges as follows: JURISDICTION, VENUE AND PARTIES 1. This is an action brought under the Fair Labor Standards Act, as amended, 29 U.S.C. 216(b) ("FLSA"). Accordingly, this Court has subject-matter jurisdiction. 2. Venue is proper within the Middle District of Florida because a substantial part of the events giving rise to this claim arose here. 3. Defendants are employers as defined by the FLSA and operate and conduct business in this judicial district. 4. At all material times, Defendants were an enterprise covered by the FLSA, and as defined by 29 U.S.C. 203(r) and 203(s). Additionally, Plaintiff was engaged in interstate commerce during her employment with Defendants.

2 Case 6:17-cv PGB-KRS Document 1 Filed 02/27/17 Page 2 of 4 PagelD 2 GENERAL ALLEGATIONS 5. Defendant Nitro Green, a company that performs landscaping and ground maintenance services in Volusia County, was/is a Florida Profit Corporation authorized to conduct business in the State of Florida, with its principal place of business at 406 Bostrom Lane, Ormond Beach, FL Defendant Woods is the President and Chief Executive Officer of Nitro Green. In that position, Woods exercises significant control over the company's operations, has the power to hire and fire employees, the power to determine salaries, the responsibility to maintain employment records and has operational control over significant aspects of the company's day-to-day functions. As such, he is an employer as defined by the FLSA. 7. At all material times, Defendants were an enterprise covered by the FLSA, and as defined by 29 U.S.C. 203(r) and 203(s) and during all relevant times had at least two employees and had an annual dollar volume of sales or business done of at least $500, Plaintiff, who was employed by Defendant during the relevant time period as an office manager/bookkeeper, was engaged in interstate commerce during her employment with Defendants. 9. This action is brought under the FLSA to recover unpaid overtime compensation and minimum wages owed to Plaintiff and all others similarly situated who are or were employed by Defendant as office managers and/or bookkeepers. 10. Plaintiff and others similarly situated were employees of Defendant under the FLSA. 11. Defendant failed to comply with the FLSA because Plaintiff, and other 2

3 Case 6:17-cv PGB-KRS Document 1 Filed 02/27/17 Page 3 of 4 PagelD 3 similarly situated employees, were regularly required to work in excess of forty (40) hours a workweek but were not paid overtime compensation as required by the FLSA. 12. Moreover, Defendants failed to use the proper regular rate for purposes of calculating overtime compensation for cable installer/technicians. 13. The additional persons who may become Plaintiffs in this action are employees who held positions similarly situated to Plaintiff and who were required to work in excess of forty (40) hours a workweek but were not paid overtime compensation as required by the FLSA. 14. Defendant's violations of the FLSA were knowing, willful and in reckless disregard of the rights of Plaintiff and all other similarly situated. 15. Plaintiff has been required to retain the undersigned counsel to represent her in this action and is obligated to pay them a reasonable fee for their services. COUNT I OVERTIME FLSA 16. Plaintiff hereby incorporates by reference the allegations contained in Paragraphs 1 to 15 as if fully restated herein. 17. During the three (3) year period prior to filing this action, Defendant failed to pay Plaintiff and all other similarly situated employees overtime compensation for hours worked over forty (40) in a workweek. 18. Defendant's failure to pay Plaintiff and all other similarly situated employees overtime compensation for hours worked over forty (40) in any workweek constitutes a violation of the FLSA, 29 U.S.C Defendant's violations of the FLSA were knowing, willful and in reckless 3

4 Case 6:17-cv PGB-KRS Document 1 Filed 02/27/17 Page 4 of 4 PagelD 4 disregard of the rights of Plaintiff and all other similarly situated. WHEREFORE, Plaintiff respectfully requests, on behalf of herself and all others similarly situated, that this Court issue an Order awarding damages in the amount of the unpaid overtime compensation owed, awarding liquidated damages pursuant to 29 U.S.C. 216(b), awarding reasonable attorneys' fees and costs pursuant to 29 U.S.C. 216(b), and awarding all such other relief as the Court deems just and appropriate. Plaintiff demand trial by jury JURY TRIAL DEMAND as to all issues. DATED this 24th day of February, Respectfully submitted, WHITTEL & MELTON, LLC /s/jav P. Lechner Jay P. Lechner, Esq. Florida Bar No.: Jason M. Melton, Esq. Florida Bar No.: One Progress Plaza 200 Central Avenue, #400 St. Petersburg, Florida Telephone: (727) Facsimile: (727) Service PleadingselheFLIawfirm.com lechnerj@thefllawfirm.com shelley@thefllawfirm.com Attorneysfor Plaintiff 4

5 JS 44 (Rol ) Case 6:17-cv PGB-KRS Document 1-1 Filed 02/27/17 Page 1 of 1 PagelD 5 CIVIL COVER SHEET The )S 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadinrs or other papers as required by law, except provided by local rules ofcourt. This form, approved by the Judicial Conference ofthe United States in September as 1974, is required for the use of the Clerk of Court for the purpose ofinitiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXTPAGE OF THIS FORM I. (a) PLAINTIFFS DEFENDANTS BRANDY SHAFFER NITRO GREEN, INC., and CLINTON M. WOODS (b) County of Residence of First Listed Plaintiff VOLUSJA County of Residence offirst Listed Defendant _VOLUSIA (EXCEPTINU.S. PLA1N77FF CASES) NOTE: (C) Attorneys (Firm Name. Address. and Telephone Number) Attorneys (If Known) Whittel and Melton Jay P. Lechner, Esq. 200 Central Ave, #400 St. PEtersburg, FL (IN U.S. PLAINTIFF CASES ONLY) IN LAND CONDEMNATIONCASES, USETHE LOCATION OF THE TRACTOF LAND INVOLVED. II. BASIS OF JURISDICTION (Place an "X" in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an in One Box for Plaintiff (For Diversay Cases Only) and One Box for Defendant) CI 1 U.S. Government X 3 Federal Question PIT DEF PIE DEF Plaintiff (U.S. Government Not a Parry) Citizen of This State X 1 X I Incorporated or Principal Place C/ 4 X 4 of Business In This Statc 0 2 U.S. Government 0 4 Diversity Citizen of Another State Incorporated and Principal Place CI Defendant (Indicate Citizenship ofparties in hem III) of Business In Another State Citizen or Subject of a CI 3 CI 3 Foreign Nation W. NATURE OF SUIT Mae.. an "r" tno n,do l' LCONTRAclut, tiszsdizez, torts[d1,3-7'l.:, ::::z.,:avuz,:...3..forfeiittirii/penal 1,.=.2BANKRUPPGYEMzo 1rAnDOTIIIIIRATAVITB8:.4 I 110 Insurance PERSONAL INJURY PERSONAL INJURY ri 625 Drug Related Seizure CI 422 Appeal 28 USC 158 CI 375 False Claims Act O 120 Marine CI 310 Airplane C1 365 Personal Injury of Property 21 USC 881 CI 423 Withdrawal State Reapportionment O 130 Miller Act Airplane Product Product Liability C1 690 Other 28 USC 157 CI 410 Antitmst CI 140 Negotiable Instrument Liability Health Care/ Banks and Banking O 150 Recovery of Overpayment CI 320 Assault. Libel & Pharmaceutical ti.: tropricimprichtselvia Commerce & Enforcement ofjudgment Slander Personal Injury Copyrights Deportation CI IS! Medicare Act Federal Employers' Product Liability C1 830 Patent CI 470 Racketeer Influenced and O 152 Recovery of Defaulted Liability Asbestos Personal Trademark Cormpt Organizations Student Loans Marine Injury Product Consumer Credit (Excludes Veterans) CI 343 Marine Product Liability.n.a-L-.. :L.-::::.z.z.z.:ETLIABokr_ErJ., =SOCIAWSKCIURrIsan CI 490 Cable/Sat TV C1 133 Recovery of Overpayment Liability PERSONAL PROPERTY tl 710 Fair Labor Standards C1 861 HIA (1395ff) Securities/Commodities/ of Veteran's Benefits CI 350 Motor Vehicle Cl 370 Other Fraud Act Black Lung (923) Exchange O 160 Stockholders' Suits Motor Vehicle Truth in Lending CI 720 Labor/Management D1WC/DIWW (405(g)) CI 890 Other Statutory Actions Other Contract Product Liability CI 380 Other Personal Relations CI 864 SS1D Title XVI CI 891 Agricultural Acts Contract Product Liability CI 360 Other Personal Property Damage Railway Labor Act C1 865 RS! (405(g)) Environmental Matters Franchise Injury CI 383 Property Damage CI 751 Family and Medical Freedom ofinformation Personal Injury. Product Liability Leave Act Act Medical Malpractice CI 790 Other Labor Litigation CI 896 Arbitration IP, E, Talgr,AlypRoRERrMzdi rep7senquirights.t.lm.0 ORRISONRWRRITI1ONSLI CI 791 Employee Retirement uz:srdrraktaxsuitsz-a2 CI 899 Administrative Procedure Land Condemnation CI 440 Other Civil Rights Habeas Corpus: Income Security AO Taxes (U.S. Plaintiff Act/Review or Appeal of CI 220 Foreclosure Voting CI 463 Alien Detainee or Defendant) Agency Decision Rent Loase & Ejectment Employment Motions to Vacatc C/ 871 IRS Third Party Constitutionality of Torts to Land CI 443 Housing/ Sentence 26 USC 7609 State StaillteS CI 245 Ton Product Liability Accommodations CI 530 General CI 290 All Other Real Property Amer. w/disabilifies CI 535 Death Penalty Li =1,1MMIGRATIONana21 Employment Other: Naturalization Application Amer. w/disabilities CI 540 Mandamus & Other CI 465 Other Immigration Other Civil Rights Actions CI 448 Education Prison Condition CI 560 Civil Detainee Conditions of Confinement V. ORIGIN (Place an "X" in One Box Only) X 1 Original I3 2 Removed from 0 3 Remanded from 0 4 Reinstated or 0 5 Transferred from 0 6 Multidistrict Proceeding State Court Appellate Court Reopened Another District Litigation Cite the U.S. Civil Statute under which you arc filing (Do not citejurisdictional statutes un)ess diversity): FLSA 29 U.S.C. section 207 VI. CAUSE OF ACTION Briefdescription of cause: Plaintiff seeks unpaid overtime owed VII. REQUESTED IN CI CHECK IF THIS IS A CLASS ACTION DEMAND S CHECK YES only if demanded in complaint: COMPLAINT: UNDER RULE 23, F.R.Cv.P. JURY DEMAND: Yes 0 No VIII. RELATED CASE(S) IF ANY DATE (See instructions). JUDGE vlisaii SIGNATURE OF ATTORNEY OF RECORD 02124/2018 Is/ Jay P. Lechner FOR OFFICE USE ONLY (spray) DOCKET NUMBER RECEIPT 1/ AMOUNT APPLYING 1FP JUDGE MAG. JUDGE