Case :-cv-00 Document Filed 0/0/ Page of 0 JAMIE BAZZELL and CARISSA ALIOTO, individually and on behalf of all other similarly situated individuals, vs. U.S. DISTRICT COURT WESTERN DISTRICT OF WASHINGTON Plaintiffs, BODY CONTOUR CENTERS, LLC, d/b/a SONO BELLO, Defendant. NO. COLLECTIVE ACTION COMPLAINT Plaintiffs Jamie Bazzell and Carissa Alioto ( Plaintiffs ), on behalf of themselves and all other similarly situated employees, file this Collective Action Complaint against Defendant Body Contour Centers, LLC, d/b/a Sono Bello ( Defendant ) for damages resulting from its failure to pay its patient care consultants and other sales consultants overtime wages in accordance with the Fair Labor Standards Act ( FLSA ). I. JURISDICTION AND VENUE. This Court has original jurisdiction to hear this Complaint and to adjudicate the claims stated herein pursuant to U.S.C. because this action asserts claims arising under federal law, the FLSA, U.S.C., et seq. COLLECTIVE ACTION COMPLAINT - TEL...0 FAX..0
Case :-cv-00 Document Filed 0/0/ Page of 0. Venue is proper in the United States District Court, Western District of Washington, pursuant to U.S.C., because Defendant Body Contour Centers, LLC resides in this District and because a substantial part of the events giving rise to the claims occurred in this District. II. PARTIES. Plaintiff Jamie Bazzell is an adult resident of the State of Texas. Defendant employed Plaintiff Bazzell in the State of Texas as a patient care consultant from June to the end of January.. Plaintiff Carissa Alioto is an adult resident of the State of Kentucky. Defendant employed Plaintiff from July to the end of January. From July through September, Defendant employed Plaintiff Alioto as a traveling patient care consultant, which required that she travel to California, Illinois, Texas, and Minnesota to perform her sales duties. From approximately October to the end of January, Plaintiff Alioto worked exclusively out of Defendant s office in Cincinnati, Ohio.. Plaintiffs have consented in writing to assert claims for overtime pay under the FLSA. (See Ex. A.) As this case proceeds, it is likely that other individuals will sign consent forms and join this action as opt-in plaintiffs. (See e.g., Ex. B.). Plaintiffs and all other similarly situated individuals are current and former employees of Defendant within the meaning of the FLSA and were employed by Defendant within three years of the date this Complaint was filed. U.S.C. (d) and (e)(),.. Defendant Body Contour Centers, LLC d/b/a Sono Bello, is a limited liability company with its headquarters located at 0 Lake Street South, Suite 0, Kirkland, Washington, 0.. According to its website, Defendant is a national leader in laser liposuction and total body transformation. Defendant provides a team of highly skilled and trained physicians, [who] specialize in total body transformation, including body contouring and facial COLLECTIVE ACTION COMPLAINT - TEL...0 FAX..0
Case :-cv-00 Document Filed 0/0/ Page of 0 lifting. Defendant s website further indicates that it has more than board certified plastic and facial plastic surgeons who have performed over,000 total body transformation procedures at its 0 locations nationwide. Defendant s clinics are typically connected to or located near other physicians clinics or hospitals.. Defendant employs and employed Plaintiffs and those similarly situated in various locations, including: Arizona, California, Colorado, Delaware, Florida, Georgia, Illinois, Kansas, Massachusetts, Minnesota, Missouri, New Jersey, New York, Ohio, Oregon, Pennsylvania, Texas, Utah, and Washington. 0. At all relevant times, Defendant was the employer of Plaintiffs and all similarly situated individuals under the FLSA.. Defendant is an enterprise as defined by the FLSA, U.S.C. (r)() and is an enterprise engaged in commerce or in the production of goods for commerce within the meaning of the FLSA, U.S.C. (s)().. Defendant s gross annual sales made or business done has exceeded $00,000 at all relevant times. III. COLLECTIVE ACTION FACTUAL ALLEGATIONS. During the applicable statutory period, Plaintiffs and those similarly situated were employed as patient care consultants, traveling patient care consultants, sales consultants, and similar job titles, and held non-supervisory sales positions.. Plaintiffs and those similarly situated were responsible for selling Defendant s laser-assisted liposuction, body contouring, cellulite reduction, wrinkle reduction, skin tightening, and facelift procedures, along with other medical-cosmetic services to Defendant s customers during consultations.. Plaintiffs and those similarly situated performed this sales work from inside Defendant s offices. COLLECTIVE ACTION COMPLAINT - TEL...0 FAX..0
Case :-cv-00 Document Filed 0/0/ Page of 0. Plaintiffs and those similarly situated regularly worked more than forty (0) hours per week. Plaintiffs and those similarly situated were required to attend all appointments scheduled at Defendant s clinics. Typically, Plaintiffs and those similarly situated were required to arrive thirty (0) minutes before Defendant s clinic opened and stay until the last scheduled appointment ended. This routinely required Plaintiffs and those similarly situated to work in Defendant s clinic(s) hours per day. As a result, Plaintiffs and those similarly situated often worked over forty (0) hours in a workweek.. Further, the last or weeks of each month Plaintiffs were required to attend consultations in Defendant s offices six days per week, and they worked increased hours during these weeks. Defendant required that its patient care consultants work six-day workweeks at the end of each month in order to meet their sales quotas. As a result, Plaintiffs and those similarly situated often worked over forty (0) hours in a workweek.. Defendant classified Plaintiffs and those similarly situated as exempt from the FLSA s wage and hour protections. Plaintiffs and those similarly situated should have been classified as hourly, non-exempt employees.. Defendant paid Plaintiffs and those similarly situated an annual salary, plus bonuses. Defendant did not pay Plaintiffs an overtime premium for the hours it suffered or permitted them to work that exceeded forty (0) in a work week.. Defendant routinely suffered and permitted Plaintiffs and those similarly situated to work more than forty (0) hours per week without paying them overtime wages. For example, the week of August, through August,, Plaintiff Bazzell worked. hours, however, she did not receive an overtime premium for her hours worked over 0 that week. Similarly, the pay period of December, through December,, Plaintiff Alioto s payroll records indicate that she worked. hours, however, she did not receive an overtime premium for any hours worked over 0 in a week. COLLECTIVE ACTION COMPLAINT - TEL...0 FAX..0
Case :-cv-00 Document Filed 0/0/ Page of 0. Defendant was aware, or should have been aware, that Plaintiffs and those similarly situated performed work that required payment of overtime compensation. Defendant required its patient care consultants to record hours worked in its timekeeping system. However, Plaintiff Alioto s direct supervisor instructed her to record that she had only worked from :0 a.m. to :00 p.m. each day, despite knowing that she had worked longer hours. Defendant also routinely scheduled consultations six days a week from :00 a.m. to :00 p.m., which consultants were required to attend. Further, Defendant should have been made aware that its compensation practices violated the FLSA when Plaintiff Bazzell asked her human resources manager why she did not receive overtime compensation. Plaintiff Bazzell was told that she was exempt from overtime pay under the retail medicine exemption of the FLSA.. The foregoing conduct, as alleged, constitutes a willful violation of the FLSA within the meaning of U.S.C. (a) because Defendant knew or showed reckless disregard for the fact that its compensation practices violated the law.. There are numerous similarly situated individuals that are or were employed by Defendant who have also been denied overtime compensation in violation of the FLSA. These individuals would benefit from the issuance of court-supervised notice of this lawsuit and the opportunity to join by filing their written consent. Those similarly situated employees are known to Defendant and readily identifiable through Defendant s records. paragraphs. IV. COUNT I Violation of the FLSA: Failure to Pay Overtime U.S.C., et seq.. Plaintiffs allege and incorporate by reference the allegations in the preceding. Plaintiffs bring this cause of action under U.S.C. (b) on behalf of themselves and other similarly situated employees. The proposed Collective Class for FLSA claims is defined as follows: COLLECTIVE ACTION COMPLAINT - TEL...0 FAX..0
Case :-cv-00 Document Filed 0/0/ Page of 0 All persons who worked as patient care consultants, traveling patient care consultants, sales consultants, or other similar job titles, for Defendant at any time during the three years prior to the filing of this Complaint to the present (the FLSA Collective ).. Defendant is required under the FLSA, U.S.C., to pay wages to Plaintiffs and those similarly situated at a rate no less than one-and-one-half times their regular hourly rate of pay for all time worked in excess of forty (0) hours in individual workweeks.. Defendant improperly classified Plaintiffs and those similarly situated as exempt from the overtime wage provisions of the FLSA, U.S.C... Defendant willfully failed and refused to pay Plaintiffs and those similarly situated overtime wages for all hours worked in excess of forty (0) per week.. Defendant s willful failure and refusal to pay Plaintiffs and those similarly situated overtime wages for all time worked in excess of forty (0) hours per week in individual workweeks violates the FLSA, U.S.C.,. 0. As a result of these unlawful practices, Plaintiffs and others similarly situated suffered a loss of wages and are therefore entitled to recover unpaid wages for up to three years prior to the filing of their claims, liquidated damages, pre- and post-judgment interest, and attorneys fees and costs. V. PRAYER FOR RELIEF Plaintiffs, on behalf of themselves and those similarly situated, pray for judgment against Defendant as follows: A. Designation of this action as a collective action on behalf of Plaintiffs and those similarly situated, and prompt issuance of notice pursuant to U.S.C. (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; B. Judgment that Plaintiffs and those similarly situated are non-exempt employees entitled to protection under the FLSA; COLLECTIVE ACTION COMPLAINT - TEL...0 FAX..0
Case :-cv-00 Document Filed 0/0/ Page of 0 FLSA; C. Judgment against Defendant for violation of the overtime provisions of the D. Judgment that Defendant s actions as described above were willful; E. An award to Plaintiffs and those similarly situated for the amount of unpaid wages owed and liquidated damages; F. An award of prejudgment interest; G. An award of post-judgment interest; H. An award of reasonable attorneys fees and costs; I. Leave to add additional plaintiffs by motion, the filing of written consent forms, or any other method approved by the Court; J. Leave to add state law claims; and K. For such other and further relief, in law or equity, as this Court may deem appropriate and just. RESPECTFULLY SUBMITTED AND DATED this 0th day of February,. By: /s/ Beth E. Terrell, WSBA # Beth E. Terrell, WSBA # Email: bterrell@terrellmarshall.com Telephone: () -0 Facsimile: () -0 COLLECTIVE ACTION COMPLAINT - TEL...0 FAX..0
Case :-cv-00 Document Filed 0/0/ Page of Paul J. Lukas* Email: lukas@nka.com Brittany B. Skemp* Email: bbachmanskemp@nka.com NICHOLS KASTER, PLLP 00 IDS Center 0 South th Street Minneapolis, Minnesota Telephone: () -0 Facsimile: () - *Pro Hac Vice Applications Forthcoming Attorneys for Plaintiffs 0 COLLECTIVE ACTION COMPLAINT - TEL...0 FAX..0
Case :-cv-00 Document Filed 0/0/ Page of EXHIBIT A COLLECTIVE ACTION COMPLAINT -
Case :-cv-00 Document Filed 0/0/ Page 0 of Redacted COLLECTIVE ACTION COMPLAINT - 0
Case :-cv-00 Document Filed 0/0/ Page of SONO BELLO BODY CONTOUR CENTERS, LLC PLAINTIFF CONSENT FORM. I consent to make a claim under the Fair Labor Standards Act, U.S.C., et seq. against my current/former employer(s), Sono Bello, Body Contour Centers, LLC, and any other related entities or affiliates ( Defendants ), to recover overtime pay.. During the past three years, there were occasions when I worked over 0 hours per week for Defendants as a Patient Care Consultant, or other similar position, and did not receive proper compensation for all of my hours worked, including overtime pay.. If this case does not proceed collectively, then I also consent to join any subsequent action to assert these claims against Defendants and any other related entities or affiliates. // Date: Signature Jamie Bazzell Print Name Redacted COLLECTIVE ACTION COMPLAINT -
Case :-cv-00 Document Filed 0/0/ Page of EXHIBIT B COLLECTIVE ACTION COMPLAINT -
Redacted Case :-cv-00 Document Filed 0/0/ Page of Redacted COLLECTIVE ACTION COMPLAINT -