Original Collective Action Complaint Page 1 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA DONALD FOUST, § Individually and on behalf of all others § similarly situated § § Plaintiff, § Civil Action No. _____________ § v. § § JURY TRIAL DEMANDED CPI SECURITY SERVICES, INC., § COMPLETE PROTECTION & § INVESTIGATIONS, INC., LAWRENCE E. § SANDERS AND CHRISTINE A. SANDERS § § COLLECTIVE ACTION Defendants § PURSUANT TO 29 U.S.C. § 216(b) ORIGINAL COLLECTIVE ACTION COMPLAINT Donald Foust brings this action individually and on behalf of all current and former employees (hereinafter “Plaintiff and the Putative Class Members”) who worked for Defendants CPI Security Services, Inc. (“CPI”), Complete Protection & Investigations, Inc. (“Complete”), Lawrence E. Sanders (“L Sanders”), and Christine A. Sanders (“C Sanders”) (collectively “Defendants”) during the past three years, to recover compensation, liquidated damages, attorneys’ fees, and costs, pursuant to the provisions of Section 216(b) of the Fair Labor Standards Act of 1938, as amended 29 U.S.C. § 216(b). I. OVERVIEW 1.1 This is a collective action to recover overtime wages brought pursuant to the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 201 et. seq. CIV-16-1447-R Case 5:16-cv-01447-R Document 1 Filed 12/19/16 Page 1 of 13
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IN THE UNITED STATES DISTRICT COURT FOR THE …5.3 Plaintiff Foust has worked for and been employed with Defendants since 2010. 2. 5.4 Defendants paid Plaintiff Foust and the Putative
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Original Collective Action Complaint Page 1
IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF OKLAHOMA
DONALD FOUST, §
Individually and on behalf of all others §
similarly situated §
§
Plaintiff, § Civil Action No. _____________
§
v. §
§ JURY TRIAL DEMANDED
CPI SECURITY SERVICES, INC., §
COMPLETE PROTECTION & §
INVESTIGATIONS, INC., LAWRENCE E. §
SANDERS AND CHRISTINE A. SANDERS §
§ COLLECTIVE ACTION
Defendants § PURSUANT TO 29 U.S.C. § 216(b)
ORIGINAL COLLECTIVE ACTION COMPLAINT
Donald Foust brings this action individually and on behalf of all current and
former employees (hereinafter “Plaintiff and the Putative Class Members”) who worked
for Defendants CPI Security Services, Inc. (“CPI”), Complete Protection &
Investigations, Inc. (“Complete”), Lawrence E. Sanders (“L Sanders”), and Christine A.
Sanders (“C Sanders”) (collectively “Defendants”) during the past three years, to recover
compensation, liquidated damages, attorneys’ fees, and costs, pursuant to the provisions
of Section 216(b) of the Fair Labor Standards Act of 1938, as amended 29 U.S.C. §
216(b).
I.
OVERVIEW
1.1 This is a collective action to recover overtime wages brought pursuant to
4.6 Specifically, Plaintiff and the Putative Class Members are (or were) non-
exempt employees of Defendants who are (or were) security personnel responsible for
protecting and monitoring premises and materials that had been moved in or produced for
commerce. 29 U.S.C. § 203(j).
4.7 At all times hereinafter mentioned, Plaintiff and the Putative Class
Members are (or were) individual employees who were engaged in commerce or in the
production of goods for commerce as required by 29 U.S.C. §§ 206–07.
4.8 The proposed class of similarly situated employees, i.e. putative class
members sought to be certified pursuant to 29 U.S.C. § 216(b), is defined as “all current
and former employees who worked for CPI Security, Inc., Complete Protection &
Investigations, Inc., Lawrence E. Sanders, and Christine A. Sanders, at any time in the
last three years and were paid hourly but no overtime.”
4.9 The precise size and identity of the proposed class should be ascertainable
from the business records, tax records, and/or employee or personnel records of
Defendants.
Case 5:16-cv-01447-R Document 1 Filed 12/19/16 Page 6 of 13
Original Collective Action Complaint Page 7
V.
FACTS
5.1 CPI and Complete are companies that provide security guards and
patrolling services to corporate clients in the State of Oklahoma.
5.2 To provide these services, CPI and Complete employed numerous
individuals to provide security and patrol services to their clients.
5.3 Plaintiff Foust has worked for and been employed with Defendants since
2010.2
5.4 Defendants paid Plaintiff Foust and the Putative Class Members by the
hour.
5.5 When Plaintiff Foust worked for Defendant CPI, he was paid nine dollars
and fifty cents ($9.50) an hour.
5.6 When Plaintiff Foust worked for Defendant Complete, he was nine dollars
($9.00) an hour.
5.7 Regardless of the number of hours worked, Plaintiff Foust and the Putative
Class Members were never paid time and one half for any hours worked over forty in
each workweek.
5.8 Plaintiff and the Putative Class Members regularly worked in excess of
forty (40) hours per week. Specifically, Plaintiff and the Putative Class Members usually
worked seventy (70) to eighty (80) hours a week for Defendants at multiple locations
within Oklahoma City.
2 True and correct copies of Plaintiff Foust’s pay stubs from CPI and Complete dated August 5, 2016 are attached hereto as Exhibit “B” and incorporated as if set forth fully herein.
Case 5:16-cv-01447-R Document 1 Filed 12/19/16 Page 7 of 13
Original Collective Action Complaint Page 8
5.9 Because Defendants are joint employers, the FLSA requires that all hours
worked be combined for purposes of overtime compensation. See 29 C.F.R. § 791.2.
5.10 Instead, Defendants scheduled Plaintiff and the Putative Class Members to
work forty hours or less at CPI and/or Complete in an attempt to circumvent the FLSA
even though, when combined, Plaintiff Foust and the Putative Class Members worked far
in excess of forty hours per week.
5.11 Although it is well-known that blue-collar workers like Plaintiff and the
Putative Class Members are not exempt from overtime, Defendants did not pay Plaintiff
and the Putative Class Members the additional overtime premium required by the FLSA
for hours worked in excess of forty (40) in a workweek.
5.12 The FLSA mandates that overtime be paid at one and one-half times an
employee’s regular rate of pay.
5.13 Defendants did not pay any overtime at all for work in excess of forty (40)
hours per week.
5.14 Accordingly, Defendants’ pay policies and practices violated (and continue
to violate) the FLSA.
VI.
CAUSES OF ACTION
A. FAILURE TO PAY WAGES IN ACCORDANCE WITH THE FAIR
LABOR STANDARDS ACT
6.1 Defendants violated provisions of Sections 6, 7 and 15 of the FLSA, 29
U.S.C. §§ 206, 207, and 215(a)(2) by employing individuals in an enterprise engaged in
commerce or in the production of goods for commerce within the meaning of the FLSA
Case 5:16-cv-01447-R Document 1 Filed 12/19/16 Page 8 of 13
Original Collective Action Complaint Page 9
for workweeks longer than forty (40) hours without compensating such employees for
their employment in excess of forty (40) hours per week at rates at least one and one-half
times the regular rates for which they were employed.
6.2 Moreover, Defendants knowingly, willfully and in reckless disregard
carried out their illegal pattern of failing to pay Plaintiff and other similarly situated
Case 5:16-cv-01447-R Document 1 Filed 12/19/16 Page 13 of 13
C O N S E N T T O T O I N W A G E C L A I M
Print Name:. Voy\a.\d Fbu'St'
1. I hereby consent to participate in a collective action lawsuit against CPI SECURITY SERVICES,Inc., and Complete Protection & Investigation, INC. to pursue my claims ofunpaid overtime during the time that I worked with the company.
2. I understand that this lawsuit is brought under the Fair I.abor Standards Act, and consent tobe bound by the Court's decision.
3. I designate the law firm and attorneys at AnderS()n2X, PLLC as my attorneys to prosecutemy wage claims.
4. 1 intend to pursue my claim individually, unless and until the Court certifies this case as acollective action. I agree to serve as the Class Representative if the Court so approves. Ifsomeone else ser\''es as the Class Representative, then 1 designate the Class Rcpresentativc(s)as my agents to make decisions on my behalf concerning the litigation, the method and mannerof conducting the litigation, the entering of an agreement with the Plaintiffs' counselconcerning attorneys' fees and costs, and all other matters pertaining to this lawsuit.
5. 1 autliorize the law firm and attorneys at AnderS()N2X, PLLC to use this consent to file myclaim in a separate lawsuit, class/collective action, or arbitration against the company.
Case 5:16-cv-01447-R Document 1-1 Filed 12/19/16 Page 1 of 1
Complete Protection & Investigations, 1325 SW 71st Terrace, OK 73159 by Intuit Payroll
Case 5:16-cv-01447-R Document 1-2 Filed 12/19/16 Page 1 of 2
CPI SECURITY SERVICES, INC. 5 4 0 3E m p l o y e e S S N S t a t u s ( F e d / S t a t e )D o n a l d F o u s t . 3 8 3 3 N W 2 9 t h . O K C , O K 7 3 1 0 7 * * * - * * . 0 7 2 8 S i n g l e / S i n g l e
Pay Period: 07/25/2016 - 07/31/2016E a m i n g s a n d H o u r s H o u r s R a t e C u r r e n t Y T D A m o u n tH o u r l y 4 0 : 0 0 9 . 5 0 3 8 0 . 0 0 1 1 , 4 7 3 . 2 5
C u r r e n t Y T D A m o u n t0 . 0 0 - 1 0 0 . 0 0
3 1 . 2 : S 3 S , 4 t 6 . S 5
Allowances/ExtraF e d - I / O / O K - I / OPay Date: 08/05/2016
CPI Security Services, Inc, 1325 SW 71st Terrace, Oklahoma City, OK 73159
Case 5:16-cv-01447-R Document 1-2 Filed 12/19/16 Page 2 of 2
Foreign Country
FOR OFFICE USE ONLY
Case 5:16-cv-01447-R Document 1-3 Filed 12/19/16 Page 1 of 1
.IS 44 (Rev. 08/16) CIVIL COVER SHEETThe JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except asprovided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk ofCourt for thepurpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM)
I. (a) PLAINTIFFS DEFENDANTSCPI SECURITY SERVICES, INC., COMPLETE PROTECTION &
DONALD FOUST, Individually and on behalf of all others similarly INVESTIGATIONS, INC., LAWRENCE E. SANDERS ANDsituated CHRISTINE A. SANDERS
(b) County ofResidence of First Listed Plaintiff Oklahoma County ofResidence ofFirst Listed Defendant OKLAHOMA(EXCEPTIN U.S. PLAINTIFF CASES) (INU.S. PLAINTIFF CASES ONLY)
NOTE: IN LAND CONDEMNATION CASES, USE TEIE LOCATION OFTHE TRACT OF LAND INVOLVED,
(C) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (IINCnown)Noble McIntyre, McIntyre Law PC8601 S. Western Ave., Oklahoma City, OK 73139405.917.5250
IL BASIS OF JURISDICTION (Placean "X"in One Box Only) III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an "X" in One Boxfor Plaintiff(ForDiversify Cases Only) and One Boxfor Defendant)
O 1 U.S. Government g 3 Federal Question PIE DEF PTF DEFPlaintiff (US. Government Not a Party) Citizen of This State X 1 X 1 Incorporated or Pdncipal Place 0 4 0 4
of Business In This State
El 2 U,S. Government 0 4 Diversity Citizen ofAnother Slate 0 2 0 2 Incorporated andPrfircipal Place 0 5 0 5Defendant (Indicate Citizenship ofParties in Item III) of Business In Another State
Citizen or Subject ofa El 3 0 3 Foreign Nation 0 6 D 6
IV. NATURE OF SUIT rm. an -1`" a, One Ear Onm Cliek here for NA me.a Code
1 CONTRACT TORTS FORFEITURE/PENALTY BANKRUPTCY OTHER STATUTES lCI 110 Insurance PERSONAL INJURY PERSONAL INJURY 3 625 Drug Related Seizure 0 422 Appeal 28 USC 158 0 375 False Claims ActO 120 Marine 0 310 Airplane 3 365 Personal Injury ofProperty 21 USC 881 0 423 Withdrawal 3 376 Qui Tam (31 USCO 130 Millar Act 0 315 Airplane Product Product Liability 0 690 Other 28 USC 157 3729(a))ri 140 Negotiable lnstntment Liability 1 357 Health Care/ 3 400 State Reapportionmentri 150 Recovery ofOverpayment 0 320 Assault, Libel & Pharmaceutical PROPERTY RIGHTS Y. 0 410 Antiixust
& Enforcement ofJudgment Slander Personal Injury 0 820 Copyrights CI 430 Banks and BankingO 151 Medicare Act CI 330 Federal Employers' Product Liability 0 830 Patent CI 450 ConunerceO 152 Recovery ofDefaulted Liability 0 368 Asbestos Personal 0 840 Trademark 0 460 Deportation
O 153 Recovery ofOverpayment Liability PERSONAL PROPERTY 0 710 Fair Labor Standards CI 861 H1A (1395ff) 0 480 Consumer CreditofVeteran's Benefits 0 350 Motor Vehicle 3 370 Other Fraud Act 0 862 Black Lung (923) 0 490 Cable/Sat TV
0 160 Stockholders' Suits CI 355 Motor Vehicle 3 371 Truth in Lending 0 720 Labor/Management 0 863 DIWC/DIWW (405(g)) n 850 Securities/Commodities/O 190 Other Contract Product Liability 0 380 Other Personal Relations 0 864 SSID Title XVI ExchangeCI 195 Contract Product Liability 0 360 Other Personal Property Damage ri 740 Railway Labor Act n 865 RSI (405(g)) 0 891) Other Statutory ActionsO 196 Franchise Injuiy 0 385 Property Damage 0 751 Family and Medical 0 891 Agricultural Acts
II REAL PROPERTY CIVIL RIGHTS PRISONER PETITIONS 0 791 Employee Retirement FEDERAL TAX SUITS Act0 210 Land Condemnation El 440 Other Civil Rights Habeas Corpus: Income Security Act CI 870 Taxes (U.S. Plaintiff 0 896 Arbitration0 220 Foreclosure 3 441 Voting 0 463 Alien Detainee or Defendant) 0 899 Administrative ProcedureCI 230 Rent Lease & Ejectment 0 442 Employment 0 510 Motions to Vacate rt 871 IRS—Third Party Act/Review or Appeal of0 240 Torts to Land 0 443 Housing/ Sentence 26 USC 7609 Agency DecisionCP 245 Tort Product Liability Accommodations 0 530 General 0 950 Constitutionality of0 290 All Other Real Property 0 445 Amer. w/Disabilities 0 535 Death Penalty IMMIGRATION v. State Statutes
Employment Other: CI 462 Naturalization Application0 446 Amer. w/Disaliilities 0 540 Mandamus & Other El 465 Other Immigration
Other 0 550 Civil Rights Actionsri 448 Education CI 555 Prison Condition
CI 560 Civil DetaineeConditions ofConfinement
V. ORIGIN (Place an "X' in One Box Only)X 1 Original 0 2 Removed from n 3 Remanded from 0 4 Reinstated or 0 5 Transferred from 0 6 Multidistrict 0 8 Multidistrict
Proceeding State Court Appellate Court Reopened Another District Litigation Litigation(sPecib) Transfer Direct File
Cite the U.S. Civil Statute under which you are filing (Do not cilejurisdietionalstatutes unless diversity):29 U.S.C.. §201 et seq and 29 ll.S.C.. §216 (b)VI. CAUSE OF ACTION Brief description ofcause:
Action to recover overtime wages pursuant to the Fair Labor Standards ActVH. REQUESTED IN n CHECK IF TIES IS A CLASS ACTION DEMAND CHECK YES only ifdemanded in complaint:
COMPLAINT: UNDER RULE 23, F.R.Cv.P. JURY DEMAND: X Yes 0 No
VIII. RELATED CASE(S)IF ANY, (See instructions):
JUDGE DOCKET NUMBER
DATE,..----t..1.1e C. (1
SIGATURE OF ATTOIL, Y RECORD
20 /1 1 21-4.._ K. ilex
RECEIPT AMOUNT APPLYING 1FP JUDGE MAG. JUDGE
ClassAction.orgThis complaint is part of ClassAction.org's searchable class action lawsuit database and can be found in this post: CPI Security Services Hit with Unpaid Overtime Class Action