Zambrana v. Scubavice Diving Center, LLC
2:23-cv-00731
| M.D. Fla. | Sep 20, 2024Background
- Plaintiff Jeffrey Zambrana sued Scubavice Diving Center, LLC (SDC) and Ramiro I. Palma for unpaid wages under the Fair Labor Standards Act (FLSA) and Florida law.
- Plaintiff worked for SDC for nearly 3.5 years as an apprentice, performing sales, repairs, and supervisory work, but received no compensation aside from non-monetary benefits and a promise of future employment upon certification.
- Other employees at SDC doing similar work were paid, and Plaintiff alleges that Palma, representing himself as owner, handled all scheduling and compensation decisions.
- SDC defaulted, but the court denied default judgment against it because claims remained against Palma; Palma, unrepresented, failed to respond to Plaintiff’s summary judgment motion.
- Plaintiff now seeks summary judgment solely against Palma, asserting that the undisputed facts entitle him to relief as a matter of law.
- The district court denied summary judgment, finding genuine issues of material fact remain regarding Palma’s individual liability as an employer and Zambrana’s status as an employee under the FLSA.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Palma’s Individual Liability as Employer | Palma qualifies as an employer under the FLSA | Palma denied FLSA employer liability, but admitted operational control | Plaintiff did not provide enough evidence; material fact remains |
| Minimum Wage Claim: Employee Status | Zambrana was an employee, not an unpaid apprentice | No opposition | Material facts remain whether Zambrana was an FLSA employee |
| Minimum Wage Claim: Interstate Commerce | Both individual and enterprise coverage apply | No opposition | Plaintiff failed to show sufficient evidence; issue not proven |
| Entitlement to Summary Judgment | Undisputed facts and unopposed motion require judgment | No opposition | Summary judgment denied; issues of fact persist |
Key Cases Cited
- Hickson Corp. v. N. Crossarm Co., 357 F.3d 1256 (11th Cir. 2004) (sets out what makes an issue of fact “genuine” or “material” for summary judgment)
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986) (clarifies courts’ duty not to weigh evidence at summary judgment)
- Josendis v. Wall to Wall Residence Repairs, Inc., 662 F.3d 1292 (11th Cir. 2011) (interprets FLSA employer liability standard)
- Lamonica v. Safe Hurricane Shutters, Inc., 711 F.3d 1299 (11th Cir. 2013) (defines individual liability for FLSA wage claims)