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Case 1:13-cv-00890-LO-TRJ Document 1 Filed 07/24/13 Page 1 of 11 PageID# 1

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IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF VIRGINIA

Alexandria Division

*G[J JUL 2Lj A 10 4?
STRICT COW J

CLERI
AUXAND ; A, VIRGINIA

FARNAZ DARYAN

8191 Strawberry Lane, Unit 420,
Falls Church, VA 22042,

PLAINTIFF,

v.

AVICENNA ACCOUNTING
AUTOMATION, INC.,

8500 Leesburg Pike,
Suite 207
Vienna, VA 22182,

Serve Registered Agent:

Behraz Bahri,
15426 Smithaven Place,
Centreville, VA 20120,

and

BEHRAZ BAHRI,

15426 Smithaven Place,
Centreville, VA 20120,

DEFENDANTS.

CIVIL ACTION NO.

COMPLAINT

COMES NOW, Farnaz Daryan ("Plaintiff), by and through counsel, and files this

Complaint against Avicenna Accounting Automation, Inc., ("Avicenna") and Behraz Bahri

("Baliri") (collectively "Defendants") on the following grounds:

Case 1:13-cv-00890-LO-TRJ Document 1 Filed 07/24/13 Page 2 of 11 PageID# 2

NATURE OF ACTION

1.

This action arises under the Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 201

et seq.t for Defendants' failure to pay minimum wage and overtime compensation for hours

worked by Plaintiff.

2.

Defendants engaged in a scheme of actual and constructive fraud in representing

to Plaintiff that she would be paid for her work but denying compensation after she performed

the work.

JURISDICTION AND VENUE

3.

This Court has subject matter jurisdiction pursuant to 28 U.S.C. § 1331 and

§ 1337 because this action arises under the FLSA.

4.

Venue is proper pursuant to 28 U.S.C. § 1391(b) because both Defendants reside

and a substantial part of the acts or omissions giving rise to Plaintiffs claims occurred in this

district.

PARTIES

5.

Plaintiff Farnaz Daryan is a natural person residing at 8191 Strawberry Lane,

Apartment 420, Falls Church, Virginia 22042. She was Defendants' employee from February

14,2011 through October 1, 2012. Plaintiff has not been paid wages and overtime for hours

worked.

6.

Defendant Avicenna is a company incorporated under the laws of the

Commonwealth of Virginia, with its principal place of business in Vienna, Virginia. The

company operates as an accounting firm at which Plaintiff was employed.

Case 1:13-cv-00890-LO-TRJ Document 1 Filed 07/24/13 Page 3 of 11 PageID# 3

7.

Defendant Bahri is a natural person who owns, operates and manages Defendant

Avicenna and resides at 15426 Smithaven Place, Centreville, Virginia 20120. Defendant Bahri

has regularly conducted business activity in Fairfax County, Virginia.

FACTS

8.

9.

At all times alleged herein, Plaintiff has never been indebted to Defendants.

At all times alleged herein, Defendant Avicenna was an enterprise engaged in

interstate commerce or in the production of goods for interstate commerce whose annual gross

volume of sales or business done was not less than $500,000.

10.

At all times alleged herein, both Defendants were an enterprise engaged in

interstate commerce or the production of goods for interstate commerce.

11.

Defendants engaged in interstate commerce by:

a.

b.

c.

d.

Corresponding with individuals in other states via telephone;

Sending and receiving mail to and from individuals in other states;

Transacting business in interstate commerce; and

Employing goods manufactured and distributed in other states.

12.

Defendant Bahri owned and had operational control of Defendant Avicenna,

including the work performed, environment and conditions of employment and managerial

decisions such as hiring, firing, compensating, supervising, creating schedules, maintaining time

and other employment records, determining the rate and method of compensation and

contracting to provide services on behalfof Defendant Avicenna.

13.

Defendant Bahri signs checks on behalf of Defendant Avicenna, including

paychecks issued to Plaintiff.

Case 1:13-cv-00890-LO-TRJ Document 1 Filed 07/24/13 Page 4 of 11 PageID# 4

14.

For the purposes of the FLSA, Defendants jointly employed Plaintiff and

Defendant Bahri was a person acting directly in the interest of Defendant Avicenna.

15.

On or about February 1, 2011, Defendants hired Plaintiff as an Account Manager

Coordinator and represented that she would be paid an hourly wage of $15.00.

16.

Defendants initially hired Plaintiff through her corporate entity, Darland LLC,

which Defendants incorrectly referred to as "Dorland." However, Defendants classified Plaintiff

individually as an employee of Defendant Avicenna to the Internal Revenue Service, and

maintained full control of Plaintiff s actions as an employee.

17.

Defendants later incorrectly sought to classify Plaintiff as an independent

contractor, even though Plaintiffs duties, supervision, or hours did not change.

18.

On or about January 16, 2012, Defendants raised Plaintiffs hourly wage to

$19.00 per hour.

19.

Plaintiff performed her duties in accordance with Defendants' requirements.

20.

Plaintiff frequently worked overtime during the months of January, February,

March, and April, due to the tax season and the nature of Defendants' accounting business.

21.

Defendants knew that Plaintiff worked overtime throughout tax season, but did

not pay Plaintiff one and one-half times her purported rate of pay for any overtime hours worked.

22.

Furthermore, Defendants did not pay Plaintiff for the regular or overtime hours

worked from July 15, 2012 through August 17, 2012.

23.

Defendants have willfully violated the FLSA by failing to pay Plaintiff overtime

and for the hours worked from July 15,2012 through August 17,2012. Based on partial time

records, the unpaid and overtime hours for this period are approximated below:

Case 1:13-cv-00890-LO-TRJ Document 1 Filed 07/24/13 Page 5 of 11 PageID# 5

Month

Unpaid Regular
Hours Worked

Unpaid Overtime

Hours Worked

February 2011

March 2011

April 2011

January 2012

February 2012

March 2012

April 2012

July 2012

August 2012

0.0

0.0

0.0

0.0

0.0

0.0

8.0

96.0

104.0

31.0

78.0

26.0

5.0

44.0

42.5

21.5

0.0

0.0

24.

Upon information and belief, Defendants failed to inform Plaintiff of her rights

under the FLSA and post a notice informing employees of those rights, as required by the

Department of Labor.

25.

Plaintiff has suffered emotionally and financially by being unable to pay monthly

bills and being forced to deal with the stress of not being paid regularly.

Case 1:13-cv-00890-LO-TRJ Document 1 Filed 07/24/13 Page 6 of 11 PageID# 6

CLAIMS FOR RELIEF

COUNT I

Violation ofthe Fair Labor Standards Act

Minimum Wage Requirements

26.

27.

The preceding paragraphs are re-alleged herein.

Defendants failed to pay Plaintiff minimum wage for approximately 208 hours

that Defendants required or allowed Plaintiff to work.

28.

Defendants had actual or constructive knowledge of the hours Plaintiff worked

and their failure to compensate her therefor.

29.

Defendants are in continuous violation of the FLSA by failing to compensate

Plaintiff for the hours worked as required under § 206(a)(1).

30.

For the foregoing reasons, Plaintiff has suffered substantial emotional and

financial damages. Under 29 U.S.C. § 216(b), Plaintiff is entitled to unpaid minimum wage for

approximately 208 hours worked and additional equal amount as liquidated damages, attorneys'

fees and expenses and costs.

31.

Plaintiff is due an amount of $25,000 for unpaid wages in addition to other actual

damages arising from Defendants' failure to pay Plaintiff.

32.

33.

Plaintiff is due an amount of $25,000 for liquidated damages.

Plaintiff is due a combined amount, including unpaid wages and liquidated

damages, of $50,000.

34.

Plaintiff is due attorneys' fees.

WHEREFORE, Plaintiff requests this Court issue judgment against Defendants jointly

and severally and award Plaintiff unpaid wages, liquidated damages, attorneys' fees, costs and

such other relief this Court deems just and proper, all amounts to be determined at trial.

Case 1:13-cv-00890-LO-TRJ Document 1 Filed 07/24/13 Page 7 of 11 PageID# 7

COUNT II

Violation ofthe Fair Labor Standards Act

Overtime Compensation Requirements

The preceding paragraphs are re-alleged herein.

Defendants had actual or constructive knowledge of the overtime hours Plaintiff

35.

36.

worked.

37.

Defendants failed to compensate Plaintiff for overtime hours that Defendants

regularly and willfully required or allowed Plaintiff to work.

38.

Defendants willfully violated the FLSA by failing to pay Plaintiff one and one-

half times her regular rate of pay for each workweek in which Plaintiff worked more than 40

hours.

39.

For the foregoing reasons, Plaintiff has suffered substantial emotional and

financial damages. Under 29 U.S.C. § 216(b), Plaintiff is entitled to unpaid overtime

compensation and additional equal amount as liquidated damages, attorneys' fees and expenses

and costs.

40.

Plaintiff is due an amount of $25,000 for unpaid wages in addition to other actual

damages arising from Defendants' failure to pay Plaintiff.

41.

42.

Plaintiff is due an amount of $25,000 for liquidated damages.

Plaintiff is due a combined amount, including unpaid wages and liquidated

damages, of $50,000.

43.

Plaintiff is due attorneys' fees.

WHEREFORE, Plaintiff requests this Court issue judgment against Defendants jointly

and severally and award Plaintiff unpaid wages, liquidated damages, attorneys' fees, costs and

such other relief this Court deems just and proper, all amounts to be determined at trial.

Case 1:13-cv-00890-LO-TRJ Document 1 Filed 07/24/13 Page 8 of 11 PageID# 8

COUNT III
Actual Fraud

The preceding paragraphs are re-alleged herein.

Defendants committed actual fraud under Virginia law in their scheme of refusing

44.

45.

to pay Plaintiff for hours worked:

a.

At the time of Plaintiff s promotion on or about January 16,2012,

Defendants intentionally and knowingly falsely represented that they would pay

Plaintiff for hours worked with the intention to mislead Plaintiff into working for

them based on the misrepresentation;

b.

Defendants also falsely represented to Plaintiff that she would be

classified as an employee of Defendant Avicenna,

c.

Plaintiff worked for Defendants in reliance on the

misrepresentations; and

d.

Plaintiffs reliance on the misrepresentation damaged Plaintiff by

her expending time, energy and effort to supply Defendants employee services.

Plaintiffwas further damaged by not receiving payment for her time and work.

For the foregoing reasons, Plaintiff has suffered substantial emotional and

46.

47.

financial damages.

WHEREFORE, Plaintiffrequests this Court issue judgment against Defendants jointly

and severally and award Plaintiff compensatory and punitive damages, attorneys' fees, costs and

such other relief this Court deems just and proper, all amounts to be determined at trial.

Case 1:13-cv-00890-LO-TRJ Document 1 Filed 07/24/13 Page 9 of 11 PageID# 9

COUNT IV

Constructive Fraud

The preceding paragraphs are re-alleged herein.

Defendants committed constructive fraud under Virginia law in their scheme of

48.

49.

refusing to pay Plaintiff for hours worked:

a.

At the time of Plaintiff s promotion on or about January 16, 2012,

Defendants innocently or negligently falsely represented that they would pay

Plaintiff for hours worked with the intention to mislead Plaintiff into working for

them based on the misrepresentation;

b.

Plaintiff worked for Defendants in reliance on the

misrepresentation; and

c.

Plaintiffs reliance on the misrepresentation damaged Plaintiff by

her expending time, energy and effort to supply Defendants employee services.

Plaintiff was further damaged by not receiving payment for her time and work.

For the foregoing reasons, Plaintiff has suffered substantial emotional and

50.

51.

financial damages.

WHEREFORE, Plaintiff requests this Court issue judgment against Defendants jointly

and severally and award Plaintiff compensatory and punitive damages, attorneys' fees, costs and

such other relief this Court deems just and proper, all amounts to be determined at trial.

Case 1:13-cv-00890-LO-TRJ Document 1 Filed 07/24/13 Page 10 of 11 PageID# 10

Respectfully submitted,
FARNAZ DARYAN
By counsel

FIRSTPOINT LAW GROUP, P.C.

Katherine Martell, Esq.
VSB No. 77027
10615 Judicial Drive
Suite 101
Fairfax, VA 22030
Phone (703) 385-6868
Fax
(703) 385-7009
[email protected]
Counselfor Plaintiff

10

Case 1:13-cv-00890-LO-TRJ Document 1 Filed 07/24/13 Page 11 of 11 PageID# 11

CONSENT FOR SUIT UNDER THE FAIR LABOR STANDARDS ACT

I, Farnaz Daryan, authorize FirstPoint Law Group, P.C. to sue Avicenna Accounting

Automation, Inc., and Behraz Bahri under the Fair Labor Standards Act to recover unpaid wages,

overtime and other compensation, including liquidated damages, interests, costs and attorneys'

fees. I ask that attorneys' fees and costs be awardedto FirstPoint Law Group, P.C. I authorize

my counsel to compromise and settle any claim or take other appropriate actions in this lawsuit.

Isl FarnazDarvan /U^
Farnaz Daryan
8191 Strawberry Lane, Apartment 420
Falls Church, VA 22042

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Date

11