Case 5:18-cv UJH-MHH Document 1 Filed 09/19/18 Page 1 of 11

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1 Case 5:18-cv UJH-MHH Document 1 Filed 09/19/18 Page 1 of 11 FILED 2018 Sep-19 PM 01:35 U.S. DISTRICT COURT N.D. OF ALABAMA IN THE UNITED STATES DISTRICT COURT IN AND FOR THE NORTHERN DISTRICT OF ALABAMA NORTHEASTERN DIVISION RODERICK WILSON, on behalf of ) himself and all Other Employees or ) Former Employees of the Named ) Defendants, ) ) Plaintiffs, ) ) ) vs. ) Civil Action No.: ) CLASS ACTION PESG OF ALABAMA, LLC and ) PESG HOLDING COMPANY, ) LLC, ) ) Plaintiff Demands a ) Trial by Jury Defendants. ) COMPLAINT COMES NOW, Plaintiff, Roderick Wilson, on behalf of himself and all other similarly-situated employees or former employees of PESG of Alabama, LLC and PESG Holding Company, LLC (collectively PESG ), files his Complaint against PESG and, in support thereof, shows as follows: INTRODUCTION At the end of last school year, Roderick Wilson was working at Huntsville High School as a Special Education Instructional Aid. In May, the Huntsville City School Board awarded the staffing contract under which he was working to PESG. Once the contract was transferred, the Special Education Aids were required

2 Case 5:18-cv UJH-MHH Document 1 Filed 09/19/18 Page 2 of 11 to apply with PESG and start work on August 1, On July 6, 2018, Mr Wilson received an acknowledgement of his application and was then informed that would be required to attend a two-day PESG Managing Crisis Safely Restraint Training. The stated: All Special Education Instructional Aids who will work in Huntsville City Schools through PESG must be certified. You MUST complete the full 16 hours of class to be certified. [and] There is no compensation for attending the training. (Exhibit A)(emphasis in original). The training, at PESG s newly-opened offices, was 8:00 a.m. to 5:00 p.m. for two days and the Special Education Aids were given four options to attend; all in July. He attended the training for 16 hours but, in violation of the provisions of the Fair Labor Standards Act, was not paid anything for the time he spent attending this mandatory training. PARTIES 1. Roderick Wilson is above the age of nineteen (19) and was, at all times relevant hereto, a resident of Madison County, Alabama, and a citizen of the United States of America. As per the allegations infra, he has standing to prosecute this action. 2. PESG of Alabama, LLC is an Alabama domestic limited liability company formed under the laws of the state of Alabama. 3. PESG Holding Company, LLC is a foreign limited liability company 2

3 Case 5:18-cv UJH-MHH Document 1 Filed 09/19/18 Page 3 of 11 in Michigan formed under the laws of Tennessee and was, at all times relevant hereto, doing business in Alabama as PESG of Alabama, LLC. 4. PESG of Alabama, LLC and PESG Holding Company, LLC collectively referred to hereinafter after as Defendants or PESG. JURISDICTION AND VENUE 5. This action arises under the Fair Labor Standards Act of 1938, as amended, 29 U.S.C (1988), including 29 U.S.C. 216(b) ("FLSA"). 6. PESG of Alabama, LLC and PESG Holding Company, LLC are employers engaged in commerce pursuant to the FLSA and 29 U.S.C. 203(s)(1)(A)(i) and (ii), and, at all times material hereto, engaged in business within the meaning of the FLSA. 7. PESG of Alabama, LLC and PESG Holding Company, LLC employed the Plaintiff and other similarly-situated employees within the meaning of the FLSA, is engaged in interstate commerce, and has an annual gross volume of sales meeting or exceeding the jurisdictional requirements of the FLSA. 8. PESG of Alabama, LLC and PESG Holding Company, LLC directly and by and through its duly-authorized agents, participated in payroll decisions involving the Plaintiff and others similarly-situated, and intentionally, knowingly, and willfully failed to compensate the Plaintiff and others similarly-situated in accordance with the minimum wage provisions of 29 U.S.C. 206 and the 3

4 Case 5:18-cv UJH-MHH Document 1 Filed 09/19/18 Page 4 of 11 overtime provisions of 29 U.S.C This Court maintains subject matter jurisdiction under 29 U.S.C. 216(b), and 28 U.S.C Venue is proper in this Court as the unlawful employment practices alleged herein have been committed within the Northern District of Alabama. FACTUAL AVERMENTS Facts Common To All Counts 11. PESG of Alabama, LLC and PESG Holding Company, LLC provide educational staffing and services solutions to approximately 5,000 schools across the United States. 12. PESG of Alabama, LLC and PESG Holding Company, LLC employs educational professionals, computer professionals and other staff members to conduct its operations. 13. Defendants, Plaintiff, and similarly-situated employees regularly engage in interstate commerce. Named Plaintiff s Allegations 14. Roderick Wilson obtained his Bachelor of Science in Exercise Science from Alabama A&M University on May 6, In February, 2018, he began working as a Special Educational Instructional Aid. Special Educational Aids are placed in schools to assist disabled students with their physical need and 4

5 Case 5:18-cv UJH-MHH Document 1 Filed 09/19/18 Page 5 of 11 provide instructional support to teachers and students in the classroom. 15. Mr. Wilson was at Huntsville High School as an employee of Appleton Learning, a Huntsville-based educational staffing and services company, in February 2018 making $15.00 per hour working as an Special Education Aid. 16. In May, 2018, the Huntsville City School Board decided to strip Appleton of its contract and award it to the Defendants, PESG. 17. Once Appleton s contract was transferred from Appleton, the Special Education Aids were required to apply with PESG and start work on August 1, On July 6, 2018, Mr Wilson received an acknowledgement of his application and was told he would be required to attend a two-day PESG Managing Crisis Safely Restraint Training. The stated: All Special Education Instructional Aids who will work in Huntsville City Schools through PESG must be certified. You MUST complete the full 16 hours of class to be certified. [and] There is no compensation for attending the training. (Exhibit A)(emphasis in original). 19. The training, at PESG s newly-opened offices, was 8:00 a.m. to 5:00 p.m. for two days and the Special Education Aids were given four options to attend; all in the month of July. He attended the training for 16 hours but was not paid anything. 5

6 Case 5:18-cv UJH-MHH Document 1 Filed 09/19/18 Page 6 of 11 Class Allegations 20. Roderick Wilson brings this action on behalf of himself and all other similarly-situated employees and former employees of to recover unpaid minimum wages, liquidated damages, attorneys' fees, costs, and other relief under the provisions of the FLSA. 21. Other, similarly-situated employees are or were employed by Defendants and are referred to herein as similarly-situated employees or others similarly-situated. 22. Plaintiff, and others similarly-situated, performed and/or perform duties for the Defendants and were and are subject to the provisions of the FLSA regarding the payment of wages. 23. During the period from in or around September 19, 2015 to the present, Defendants, on numerous occasions, employed and continue to employ Plaintiff and others similarly-situated and required them to attend mandatory training without compensating them for such time worked in violation of the provisions of 29 U.S.C. 206(a) and 207(a). 24. Defendants were required by law to keep and retain possession of records showing the hours worked during mandatory training sessions and wages to be paid to Plaintiff and others similarly-situated. 25. Defendants were aware of the provisions of the FLSA requiring wages 6

7 Case 5:18-cv UJH-MHH Document 1 Filed 09/19/18 Page 7 of 11 to be paid to Plaintiff and others similarly-situated for mandatory training, but deliberately or in reckless disregard of the Act willfully failed to pay wages due and lawfully owed to the Plaintiff and others similarly-situated. 26. Defendant by and through their duly-authorized agents, failed to act in good faith and had no reasonable grounds for believing that they were not violating the FLSA. 27. Plaintiff is aware of other, similarly-situated individuals who were not paid in accordance with the FLSA. CAUSES OF ACTION Count I Violation of the Fair Labor Standards Act 28. Plaintiff reasserts the averments set forth in Paragraphs 1 through 27 hereof, as though fully set forth herein. 29. By the actions and omissions described herein, the Defendants violated the FLSA as to the Plaintiff and individuals similarly-situated by requiring all employees to attend training and refusing and failing to pay even minimum wage for said training. 30. By the actions and omissions described herein, Defendants violated 29 U.S.C. 206(a) and 207(a) by failing to pay minimum wage as to all of Plaintiffs for this compensable time, and as to individuals similarly-situated. WHEREFORE, Plaintiff, Roderick Wilson, on behalf of himself and all 7

8 Case 5:18-cv UJH-MHH Document 1 Filed 09/19/18 Page 8 of 11 other similarly-situated employees or former employees of, PESG of Alabama, LLC and/or PESG Holding Company, LLC pray the Court for the following relief: a. Accept jurisdiction of this matter; b. Declare Defendants conduct to have violated 29 U.S.C. 206(a) and 207(a) as to all of Plaintiffs, and as to individuals similarlysituated; c. Enter a judgment against PESG of Alabama, LLC and PESG Holding Company, LLC in the amount due them and others similarly-situated as the same may hereafter be identified and named prior to or at trial, as unpaid wages, liquidated damages, interest, and costs under the provisions of the Fair Labor Standards Act; d. The Court enter judgment for a reasonable attorneys fee and costs against PESG of Alabama, LLC and PESG Holding Company, LLC. e. Enter judgment for pre- and post-judgment interest against PESG of Alabama, LLC and PESG Holding Company, LLC f. Enter such other, different, and further relief, including equitable, to which Plaintiff and others similarly-situated are entitled as the Court deems just and proper. Count II Unjust Enrichment 31. Plaintiff reassert the averments set forth in Paragraphs 1 through 27 8

9 Case 5:18-cv UJH-MHH Document 1 Filed 09/19/18 Page 9 of 11 hereof, as though fully set forth herein. 32. Defendants required Plaintiff and other similarly-situated employees to work by attending training and reaped the benefit of same without paying the named Plaintiff any hourly wage at all. 33. Plaintiff and other similarly-situated employees worked hours for which they were not compensated and for which they had a reasonable expectation that they should have been compensated as attending this training was a requirement. 34. As a consequence, Defendants have been unjustly enriched. 35. Despite demand, Defendants have failed and/or refused to disgorge their unjust gains. WHEREFORE, Plaintiff and other similarly-situated employees request that this Court enter an injunction requiring Defendants to conduct an equitable accounting, condemn their unjust gains to a constructive trust and disgorge the res of same to Plaintiff and other similarly-situated employees via resulting restitution, together with such other, further and different relief as the Court deems proper. Count III Quantum Meruit 36. Plaintiff reassert the averments set forth in Paragraphs 1 through 27 hereof, as though fully set forth herein. 37. Plaintiff and other similarly-situated employees were required to 9

10 Case 5:18-cv UJH-MHH Document 1 Filed 09/19/18 Page 10 of 11 attend 16 hours of mandatory training to remain employed as an aide with the Huntsville City School System as employees of PESG. 38. Plaintiff and other similarly-situated employees honored their commitment to their employer and attended the required training, that benefitted PESG by preparing Plaintiff to work as an Aid. Plaintiff and other similarlysituated employees are entitled to the reasonable value of the services performed for which Defendants have not yet paid. 39. Plaintiff and other similarly-situated employees attended the training required by Defendants at Defendants request. 40. As a direct and proximate result of Defendants failure to pay Plaintiff and other similarly-situated employees for services rendered, Plaintiff and other similarly-situated employees have suffered damages in an amount to be proven at trial. WHEREFORE, Plaintiff and other similarly-situated employees request that this Court enter an injunction requiring Defendants to conduct an equitable accounting, condemn their unjust gains to a constructive trust and disgorge the res of same to Plaintiff and other similarly-situated employees via resulting restitution, together with such other, further and different relief as the Court deems proper. 10

11 Case 5:18-cv UJH-MHH Document 1 Filed 09/19/18 Page 11 of 11 JURY DEMAND Plaintiff demands trial by struck jury. Submitted this the 19 th day of September, s/ Teri Ryder Mastando Teri Ryder Mastando (ASB-4507-E53T) Eric J. Artrip (ASB-9673-I68E) MASTANDO & ARTRIP, LLC 301 Washington St., Suite 302 Huntsville, Alabama Phone: (256) Fax: (256) teri@mastandoartrip.com artrip@mastandoartrip.com DEFENDANTS TO BE SERVED VIA CERTIFIED MAIL AT: PESG Of Alabama, LLC C/O Kristi Flietstra th St SE Caledonia, MI PESG Holding Company, LLC C/O Kristi Flietstra th St SE Caledonia, MI