Case: 4:15-cv Doc #: 1 Filed: 02/24/15 1 of 7. PageID #: 1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO

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1 Case: 4:15-cv Doc #: 1 Filed: 02/24/15 1 of 7. PageID #: 1 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OHIO Jason Warren, on behalf of himself and all other similarly situated employees nationwide, Court File No.: 4:15-cv-359 Plaintiff, v. COLLECTIVE ACTION COMPLAINT Simon Roofing and Sheet Metal Corp., Defendant. PRELIMINARY STATEMENT 1. Plaintiff Jason Warren ( Plaintiff ), on behalf of himself and all others similarly situated brings this action against Simon Roofing and Sheet Metal Corp. ( Defendant ), for damages and other relief relating to violations of the Fair Labor Standards Act ( FLSA ). 2. Plaintiff alleges that Defendant s national payroll practices regarding the payment of overtime to its employees working as roofers violated the FLSA in two ways: (a) Defendant failed to include travel time hours in roofers weekly overtime pay calculation; and, (b) Defendant failed to include hours that roofers worked at Defendant s service centers prior to arrival at the first job site in the roofers weekly overtime calculation. JURISDICTION AND VENUE 3. This Court has original jurisdiction to hear this Complaint and to adjudicate the claims stated herein under 28 U.S.C. 1331, this action being brought under the FLSA, 29 U.S.C. 201 et seq. 4. Venue is proper in the United States District Court for the Northern District of Ohio pursuant to 28 U.S.C because Defendant resides in this district, and because a

2 Case: 4:15-cv Doc #: 1 Filed: 02/24/15 2 of 7. PageID #: 2 substantial part of the events or omissions giving rise to the claims occurred in this district. PARTIES 5. Defendant is an Ohio corporation with its headquarters at 70 Karago Avenue, Youngstown, Ohio (Mahoning County), and can be served through its statutory agent Alex J. Simon at the address listed above. Defendant operates at least sixty-four (64) service centers throughout the United States, including five (5) in Ohio. 6. According to its website, Defendant is one of the nation s largest commercial roofing companies that manufactures innovative roofing products and provides high-quality roof repair, restoration and replacement services. 7. Defendant s gross annual sales made or business done have been in excess of $500, at all relevant times. 8. Defendant employs roofers, roofing foreman, field support technicians and workers in other similar positions ( roofers ) to perform commercial roof repair, restoration, and replacement services. 9. Plaintiff was employed by Defendant as a roofer from approximately March 2013 to October 2013, based out of Defendant s service center in Baton Rouge, Louisiana. 10. Plaintiff has consented in writing to be a part of this action pursuant to 29 U.S.C. 216(b). Plaintiff s signed consent form is attached as Exhibit A. As this case proceeds, it is likely that other individuals will file consent forms and join as opt-in plaintiffs. FACTUAL ALLEGATIONS 11. During all times material to this complaint, Defendant was an employer within the meaning of Section 3(d) of the FLSA, 29 U.S.C. 203(d), and an enterprise engaged in

3 Case: 4:15-cv Doc #: 1 Filed: 02/24/15 3 of 7. PageID #: 3 commerce or in the production of goods for commerce within the meaning of Section 3(s)(1) of the FLSA, 29 U.S.C. 203(s)(1). 12. During all times material to this complaint, Plaintiff was an employee of Defendant within the meaning of 29 U.S.C. 203(d). 13. Plaintiff and other similarly situated roofers were non-exempt employees of Defendant as those terms are defined in the FLSA. 14. Defendant assigned Plaintiff and other similarly situated roofers to work locally and at work sites that required significant travel and overnight stays. For example, during his employment with Defendant, Plaintiff worked from Defendant s service center in Baton Rouge, Louisiana, and also traveled to job sites in Florida, Georgia, North Carolina, and Texas. 15. Defendant paid Plaintiff and other similarly situated roofers an hourly rate for performing roofing duties, and a lower hourly rate for travel time. For example, Plaintiff earned $20 per hour for roofing duties, and $11 per hour for travel time. 16. Although Defendant recorded and paid roofers an hourly travel time rate, it did not include travel time in its weekly overtime pay calculation. This national payroll practice is captured in and evidenced by Defendant s payroll records. 17. For example, as reflected in his payroll records for the workweek ending July 27, 2013, Plaintiff worked 41 hours roofing and 30 hours driving, for a total of 71 hours. (See attached Exhibit B.) For that week, Defendant paid Plaintiff for 40 hours at $20 per hour, 1 overtime hour at $30 per hour, and 30 hours at $11 per hour, rather than compensating Plaintiff for 31 hours of overtime, paid at a blended rate as required by the FLSA, 29 C.F.R When Defendant assigned roofers to work at local job sites, it required roofers to report to one of its service centers to start the workday. At the service center, Plaintiff and other

4 Case: 4:15-cv Doc #: 1 Filed: 02/24/15 4 of 7. PageID #: 4 roofers were required to load Defendant s trucks with supplies and tools prior to driving to the worksite. Defendant did not compensate Plaintiff and other roofers for the time spent working at the service center, nor did it pay them for the travel time from the service center to the assigned worksite. Rather, Defendant only paid Plaintiff and other similarly situated roofers for hours worked after arriving at their assigned worksite. 19. Defendant s conduct of failing to pay Plaintiff and those similarly situated proper overtime wages, despite having both the knowledge and information necessary to do so, demonstrates a reckless disregard for the FLSA and is willful and in bad faith. FLSA COLLECTIVE ACTION ALLEGATIONS 20. Plaintiff incorporates by reference the facts and allegations in the preceding paragraphs of this Complaint. 21. This action is properly brought as a collective action pursuant to the collective action procedures of the FLSA because numerous similarly situated current and former employees of Defendant exist who have been denied appropriate compensation in violation of the FLSA who would benefit from the issuance of a Court supervised notice of the present lawsuit and the opportunity to join the present lawsuit. Those similarly situated employees are known to Defendant and are readily identifiable through its records. 22. Plaintiff brings this action individually and on behalf of all other similarly situated individuals pursuant to the FLSA, 29 U.S.C. 216(b). Plaintiff and the similarly situated individuals worked for Defendant as roofers, roofing foreman, field support technicians, or in other positions with similar job titles or job duties. The proposed collective class is defined as follows (the FLSA collective ):

5 Case: 4:15-cv Doc #: 1 Filed: 02/24/15 5 of 7. PageID #: 5 All persons who worked as roofers, roofing foreman, field support technicians, or in other positions with similar job titles or job duties for Defendant at any time from three years prior to the filing of this Complaint until the present. CAUSE OF ACTION VIOLATION OF THE FAIR LABOR STANDARDS ACT FAILURE TO PAY OVERTIME WAGES (On behalf of Plaintiff and the FLSA Collective) 23. Plaintiff incorporates by reference the facts and allegations in the preceding paragraphs of this Complaint. 24. The FLSA, 29 U.S.C. 207, requires employers to pay all non-exempt employees one and one-half (1.5) times the regular rate of pay for all hours worked over forty (40) per workweek. 25. Plaintiff and the FLSA collective are employees entitled to FLSA overtime compensation for all hours worked in excess of forty (40). 26. Plaintiff and the FLSA collective routinely worked in excess of forty (40) hours per week, and did not receive the appropriate overtime compensation from Defendant. 27. By failing to pay Plaintiff and the FLSA collective all of the overtime compensation they are due, Defendant violated the FLSA. 28. Defendant s policies and practice, as described herein, constitutes a willful violation of the FLSA within the meaning of 29 U.S.C. 255(a). 29. Because Defendant willfully violated the FLSA, a three (3) year statute of limitations applies to such violation, pursuant to 20 U.S.C. 255(a). 30. As a result of Defendant s unlawful pay practices, Plaintiff and the FLSA collective have suffered and continue to suffer a loss of wages and are therefore entitled to

6 Case: 4:15-cv Doc #: 1 Filed: 02/24/15 6 of 7. PageID #: 6 recover unpaid overtime wages for up to three years prior the filing of their claims, liquidated damages or prejudgment interest, reasonable attorneys fees and costs, and other compensation pursuant to 29 U.S.C. 216(b). as follows: PRAYER FOR RELIEF WHEREFORE, Plaintiff, on behalf of himself and the FLSA collective, prays for relief A. Designation of this action as a collective action and prompt issuance of notice pursuant to 29 U.S.C. 216(b) to all those similarly situated, apprising them of the pendency of this action, and permitting them to assert timely FLSA claims in this action by filing individual consent forms pursuant to 29 U.S.C. 216(b); B. Judgment against Defendant for violation of the overtime provisions of the FLSA; C. Judgment that Defendant s violations as described above were willful; D. An award in an amount equal to the unpaid back wages owed to Plaintiff and those similarly situated at the applicable overtime rate; E. An equal amount to the unpaid back wages as liquidated damages; F. An award of reasonable attorneys fees and costs pursuant to 29 U.S.C. 216 and/or other applicable laws; G. An award of prejudgment interest to the extent liquidated damages are not awarded; H. Leave to add additional plaintiffs by motion, the filing of written consent forms, or any other method approved by the Court; I. Leave to amend the Complaint to add state law claims; and, J. For such other and further relief, in law or equity, as this Court may deem appropriate and just.

7 Case: 4:15-cv Doc #: 1 Filed: 02/24/15 7 of 7. PageID #: 7 DATED this 24th day of February, 2015 BARKAN MEIZLISH HANDELMAN GOODIN DEROSE WENTZ, LLP /s/robert E. DeRose Robert E. DeRose, OH Bar No E. Broad Street, 10 th Floor Columbus, OH Telephone: (614) Fascimile: (614) NICHOLS KASTER, PLLP Paul J. Lukas, MN Bar No X* 4600 IDS Center, 80 South 8th Street Minneapolis, MN Telephone: (612) Facsimile: (612) *pro hac vice application forthcoming MILLER, HAMPTON, & HILGENDORF Gregory Miller, LA Bar No Amanda Hilgendorf, LA Bar No Government St. Baton Rouge, LA Telephone: (225) Facsimile: (225) *pro hac vice application forthcoming Attorneys for Plaintiff and those Similarly Situated

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