Transcript
Case 9:11-cv-81179-DMM Document 1 Entered on FLSD Docket 10/24/2011 Page 1 of 5
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA West Palm Beach Division Case No.: __________________ YANNO BEVACQUA, individually and on behalf of all others similarly situated, Plaintiff, v. MAGNETIC MEDICAL MANAGEMENT, INC., a Florida corporation, Defendant. _______________________________________/ COMPLAINT Plaintiff Yanno Bevacqua, on his own behalf and on behalf of all others similarly situated, sues Defendant Magnetic Medical Management, Inc., a Florida corporation, for violating the Fair Labor Standards Act, 29 U.S.C. § 216(b) (“FLSA”). Parties, Jurisdiction, Venue, Facts 1. Plaintiff Yanno Bevacqua, a resident of Palm Beach County, Florida, was
employed by Defendant. 2. Plaintiff was a non-exempt employee within the meaning of the FLSA and was
entitled to minimum wages pursuant to the FLSA. See 29 U.S.C. § 206. 3. 4. Defendant is an employer within the meaning of the FLSA. Defendant Magnetic Medical Management, Inc. (“MMM”) is a Florida
corporation that operates, does business and maintains a registered agent in Palm Beach County, Florida.
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5.
Plaintiff was a student at MedVance Institute’s Palm Springs campus from
November 2008 to November 2009. He studied medical billing and coding. 6. MedVance Institute is a private for-profit college owned by Education Affiliates
Inc. Some of its students, including those like Plaintiff who took medical billing & coding courses, must complete MedVance’s unpaid externship requirement as a prerequisite to graduation. 7. MedVance Institute partners with various private sector employers to place
MedVance students at medical offices for their unpaid externships. 8. MedVance Institute has placed numerous externs at MMM during the past several
years. Plaintiff is just one of the many students MedVance has placed at MMM. 9. Plaintiff worked approximately 192 hours at MMM in late 2009. He was paid
$0.00 during his employment. Plaintiff graduated from MedVance Institute in late 2009. 10. Unpaid interns/externs working for private sector employers must be paid a
minimum wage for services rendered, unless the employer can prove that the employment was a legitimate externship. 11. During his employment, Plaintiff entered data on a computer, worked on
collections matters and organized records. A majority of this work was solitary and done in front of a computer. 12. Plaintiff received little supervision from MMM staff during his employment. He
did not receive any constructive feedback from his employer. 13. Plaintiff did not perform the “billing & coding” work that he was being trained to
perform during his attendance at MedVance Institute. I.e., the employment was unrelated to his education.
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14.
Plaintiff’s externship was not similar to training he would have been given in an
educational environment. 15. The externship experience was not for the benefit of Plaintiff. He was not
performing the same types of tasks he was studying to perform. 16. Plaintiff displaced a regular, paid employee while working for MMM. Had he not
worked there, MMM would have had to pay someone else at least a minimum wage. 17. Defendant derived an advantage from the activities of Plaintiff, and its operations
were not impeded by Plaintiff’s performance of these tasks. 18. MMM used Plaintiff’s externship, and all unpaid externships from MedVance, as
a trial period for students seeking paid employment at the conclusion of their externship period. 19. During the externship, Plaintiff understood that he was not going to be paid
wages, but Plaintiff was not aware that he was being exploited by Defendant and MedVance during the externship. This was not a legitimate externship, it was an unpaid job. 20. 21. Jurisdiction is premised on 28 U.S.C. § 1331 (federal question jurisdiction). Venue is proper because all of the facts and allegations that form the basis of this
Complaint occurred within Palm Beach County, Florida. 22. Upon information and belief, numerous MMM employees were and are being
improperly denied wages in violation of the FLSA and Florida common law. 23. 24. Plaintiff has retained counsel and is obligated to pay a fee for services rendered. Prior to filing suit, Plaintiff served a presuit demand letter on Defendant. This
lawsuit was filed only after Defendant responded by disclaiming liability and refusing to enter into settlement negotiations.
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Count I – Fair Labor Standards Act 25. 26. Plaintiff incorporates paragraphs 1 – 24. Plaintiff was a non-exempt employee within the meaning of the FLSA. He was
employed by Defendant. 27. 28. Defendant was an employer within the meaning of the FLSA. Plaintiff worked for Defendant for 192 hours without any compensation. This
number is based on the hours required for the purported externship. There are no time records indicating hours worked. Accordingly, this number is a good faith approximation. To the extent Plaintiff worked more than 40 hours in any given week, he would be entitled to time and a half for said hours of overtime. 29. 30. 31. The federal minimum wage in 2009 was $7.25/hr. Defendant’s violation of the FLSA was willful and intentional. Plaintiff is entitled to an award of back pay and liquidated damages equal to the
amount of the back pay. Demand for Jury Trial Plaintiff demands a trial by jury on all issues so triable.
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Prayer for Relief Plaintiff prays that this Court enter judgment in his favor against Defendant, Magnetic Medical Management, Inc. and award monetary damages for back pay and liquidated damages totaling $2,784, reasonable attorneys’ fees and costs and any other relief this Court deems appropriate. Dated: October 24, 2011 Respectfully submitted, _/s/ Matthew Seth Sarelson, Esq._ Matthew Seth Sarelson, Esq. Fla. Bar No. 888281 Max M. Nelson, Esq. Fla. Bar No. 84532 SARELSON LAW FIRM, P.A. 1200 Brickell Avenue, Suite 1440 Miami, Florida 33131 305-379-0305 800-421-9954 (fax)
[email protected] [email protected] Attorneys for Plaintiff
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