Case 2:21-cv-00619-SPL Document 1 Filed 04/12/21 Page 1 of 8
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`IN THE UNITED STATES DISTRICT COURT
`DISTRICT OF ARIZONA
`PHOENIX DIVISION
`
`
`
`David Roman
`
`
`vs.
`
`
`Amazon.com Services, LLC
`
`
`
`
` No. 2:21-cv-____
`
`PLAINTIFF
`
`DEFENDANT
`
`ORIGINAL COMPLAINT
`
`
`
`
`
`COMES NOW Plaintiff David Roman (“Plaintiff”) by and through his attorneys
`
`Marshall Hunt of Davis Miles McGuire Gardner, PLLC, and Courtney Lowery and Josh
`
`Sanford of Sanford Law Firm, PLLC, pro hac vice to be filed, and for his Original
`
`Complaint (“Complaint”) against Defendant Amazon.com Services, LLC (“Defendant”),
`
`he states and alleges as follows:
`
`I.
`
`PRELIMINARY STATEMENTS
`
`1.
`
`This is an action brought by Plaintiff against Defendant for violations of the
`
`overtime provisions of the Fair Labor Standards Act, 29 U.S.C. § 201, et seq. (the “FLSA”),
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`and overtime provisions of Arizona Revised Statute § 23-391.
`
`2.
`
`Plaintiff seeks a declaratory judgment, monetary damages, liquidated
`
`damages, prejudgment interest, and a reasonable attorney’s fee and costs as a result of
`
`Defendant’s failure to pay proper overtime compensation under the FLSA and Arizona
`
`state law.
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`
`
`
`
`
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`Page 1 of 8
`David Roman v. Amazon.com Services, LLC
`U.S.D.C. (Dist. Ariz.) No. 2:21-cv-____
`Original Complaint
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`DISTRICT OF ARIZONA
`PHOENIX DIVISION
`
`
`
`David Roman
`
`
`vs.
`
`
`Amazon.com Services, LLC
`
`
`
`
` No. 2:21-cv-____
`
`PLAINTIFF
`
`DEFENDANT
`
`ORIGINAL COMPLAINT
`
`
`
`
`
`COMES NOW Plaintiff David Roman (“Plaintiff”) by and through his attorneys
`
`Marshall Hunt of Davis Miles McGuire Gardner, PLLC, and Courtney Lowery and Josh
`
`Sanford of Sanford Law Firm, PLLC, pro hac vice to be filed, and for his Original
`
`Complaint (“Complaint”) against Defendant Amazon.com Services, LLC (“Defendant”),
`
`he states and alleges as follows:
`
`I.
`
`PRELIMINARY STATEMENTS
`
`1.
`
`This is an action brought by Plaintiff against Defendant for violations of the
`
`overtime provisions of the Fair Labor Standards Act, 29 U.S.C. § 201, et seq. (the “FLSA”),
`
`and overtime provisions of Arizona Revised Statute § 23-391.
`
`2.
`
`Plaintiff seeks a declaratory judgment, monetary damages, liquidated
`
`damages, prejudgment interest, and a reasonable attorney’s fee and costs as a result of
`
`Defendant’s failure to pay proper overtime compensation under the FLSA and Arizona
`
`state law.
`
`
`
`
`
`
`
`Page 1 of 8
`David Roman v. Amazon.com Services, LLC
`U.S.D.C. (Dist. Ariz.) No. 2:21-cv-____
`Original Complaint
`
`
`
`Case 2:21-cv-00619-SPL Document 1 Filed 04/12/21 Page 2 of 8
`
`II.
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`JURISDICTION AND VENUE
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`3.
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`The United States District Court for the District of Arizona has subject matter
`
`jurisdiction over this suit under the provisions of 28 U.S.C. § 1331 because this suit raises
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`federal questions under the FLSA.
`
`4.
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`This Complaint also alleges Arizona state law violations, which arise out of
`
`the same set of operative facts as the federal cause of action; accordingly, this Court has
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`supplemental jurisdiction over Plaintiff’s state law claims pursuant to 28 U.S.C. § 1367(a).
`
`5.
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`The acts complained of herein were committed and had their principal effect
`
`against Plaintiff within the Phoenix Division of the District of Arizona; therefore, venue is
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`proper within this District pursuant to 28 U.S.C. § 1391.
`
`III.
`
`THE PARTIES
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`6.
`
`7.
`
`8.
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`Plaintiff is an individual and resident of Maricopa County.
`
`Defendant is a foreign limited liability company.
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`Defendant’s registered agent for service of process is Corporation Service
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`Company, at 8825 North 23rd Avenue, Suite 100, Phoenix, Arizona 85021.
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`IV.
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`FACTUAL ALLEGATIONS
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`9.
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`Plaintiff repeats and re-alleges all the preceding paragraphs of this
`
`Complaint as if fully set forth in this section.
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`10. Defendant owns and operates a package distribution center in Tempe.
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`11. Defendant employs two or more individuals who engage in interstate
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`commerce or business transactions, or who produce goods to be transported or sold in
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`interstate commerce, or who handle, sell, or otherwise work with goods or materials that
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`Page 2 of 8
`David Roman v. Amazon.com Services, LLC
`U.S.D.C. (Dist. Ariz.) No. 2:21-cv-____
`Original Complaint
`
`
`
`Case 2:21-cv-00619-SPL Document 1 Filed 04/12/21 Page 3 of 8
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`have been moved in or produced for interstate commerce, such as vehicles, fuel, tools
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`and equipment.
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`12.
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` Defendant’s annual gross volume of sales made or business done is not
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`less than $500,000.00 (exclusive of excise taxes at the retail level that are separately
`
`stated) in each of the three years preceding the filing of the Original Complaint.
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`13. Defendant employed Plaintiff as an Associate from June of 2018 until
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`December of 2018, and as a Shift Manager from December of 2018 until January of 2020.
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`14. Defendant paid Plaintiff an hourly wage and classified him as nonexempt
`
`from the overtime provisions of the FLSA.
`
`15. At all times material herein, Plaintiff has been entitled to the rights,
`
`protections, and benefits provided under the FLSA.
`
`16. At all relevant times herein, Defendant directly hired Plaintiff to work on its
`
`behalf, paid him wages and benefits, controlled his work schedules, duties, protocols,
`
`applications, assignments and employment conditions, and kept at least some records
`
`regarding his employment.
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`17. As a Shift Manager, also known as a Lead, Plaintiff was primarily
`
`responsible for overseeing his team of associates, handling programming incidents,
`
`communicating with other locations, and evaluating associates’ performances.
`
`18. Plaintiff regularly worked more than 40 hours per week during the relevant
`
`time period.
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`19. Plaintiff regularly worked hours for which he was not paid.
`
`20. Defendant instructed Plaintiff to clock in for a maximum of 12 hours per day.
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`Page 3 of 8
`David Roman v. Amazon.com Services, LLC
`U.S.D.C. (Dist. Ariz.) No. 2:21-cv-____
`Original Complaint
`
`
`
`Case 2:21-cv-00619-SPL Document 1 Filed 04/12/21 Page 4 of 8
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`21. Defendant assigned so much work to Plaintiff that he was not able to
`
`complete all the required tasks within the allotted time.
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`22. Plaintiff regularly performed work before clocking in and after clocking out.
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`23. Plaintiff estimates he worked approximately 10 hrs/wk off the clock.
`
`24.
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`In December of 2019, Defendant disciplined Plaintiff for working over 12
`
`hours per day and for working off the clock multiple times during the preceding months.
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`25. Although Defendant acknowledge Plaintiff’s off-the-clock work, Defendant
`
`did not pay Plaintiff for his uncompensated time.
`
`26. Defendant did not pay Plaintiff 1.5x his regular rate for all hours over 40
`
`each week.
`
`27. At all relevant times herein, Defendant has deprived Plaintiff of regular
`
`wages and overtime compensation for all of the hours worked.
`
`28. Much of the work Plaintiff completed was time stamped (e.g., emails).
`
`29. Defendant knew or should have known that Plaintiff was working hours over
`
`forty each week.
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`30. Defendant knew or should have known that Plaintiff was working hours
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`which went unrecorded and uncompensated.
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`31. Defendant knew or showed reckless disregard for whether its actions
`
`violated the FLSA.
`
`V.
`
`FIRST CLAIM FOR RELIEF—VIOLATION OF THE FLSA
`
`
`
`32. Plaintiff repeats and re-alleges all previous paragraphs of this Complaint as
`
`though fully set forth herein.
`
`Page 4 of 8
`David Roman v. Amazon.com Services, LLC
`U.S.D.C. (Dist. Ariz.) No. 2:21-cv-____
`Original Complaint
`
`
`
`Case 2:21-cv-00619-SPL Document 1 Filed 04/12/21 Page 5 of 8
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`33. Plaintiff asserts this claim for damages and declaratory relief pursuant to
`
`the FLSA, 29 U.S.C. § 201, et seq.
`
`34. At all relevant times, Defendant has been, and continues to be, an
`
`enterprise engaged in commerce within the meaning of the FLSA, 29 U.S.C. § 203.
`
`35.
`
`29 U.S.C. §§ 206 and 207 require any enterprise engaged in commerce to
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`pay a minimum wage for all hours worked up to 40 each week and to pay 1.5x their regular
`
`wages for all hours worked over 40, unless an employee meets certain exemption
`
`requirements of 29 U.S.C. § 213 and all accompanying DOL regulations.
`
`36. Defendant classified Plaintiff as an hourly employee, non-exempt from the
`
`overtime requirements of the FLSA.
`
`37. Defendant failed to pay Plaintiff for all hours worked.
`
`38. Defendant failed to pay Plaintiff a sufficient overtime premium for all hours
`
`worked over forty each week.
`
`39. Defendant knew or should have known that its actions violated the FLSA.
`
`40. Defendant’s conduct and practices, as described above, were willful.
`
`41. By reason of the unlawful acts alleged herein, Defendant is liable to Plaintiff
`
`for monetary damages, liquidated damages and costs, including reasonable attorney’s
`
`fees provided by the FLSA for all violations which occurred beginning at least three years
`
`preceding the filing of Plaintiff’s initial complaint, plus periods of equitable tolling.
`
`42. Defendant has not acted in good faith nor with reasonable grounds to
`
`believe its actions and omissions were not a violation of the FLSA, and, as a result thereof,
`
`Plaintiff is entitled to recover an award of liquidated damages in an amount equal to the
`
`Page 5 of 8
`David Roman v. Amazon.com Services, LLC
`U.S.D.C. (Dist. Ariz.) No. 2:21-cv-____
`Original Complaint
`
`
`
`Case 2:21-cv-00619-SPL Document 1 Filed 04/12/21 Page 6 of 8
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`amount of unpaid overtime premium pay described above pursuant to Section 16(b) of
`
`the FLSA, 29 U.S.C. § 216(b).
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`43. Alternatively, should the Court find that Defendant acted in good faith in
`
`failing to pay Plaintiff as provided by the FLSA, Plaintiff is entitled to an award of
`
`prejudgment interest at the applicable legal rate.
`
`VI.
`
`SECOND CLAIM FOR RELIEF—VIOLATION OF A.R.S. § 23-391
`
`
`
`44. Plaintiff repeats and re-alleges all previous paragraphs of this Complaint as
`
`though fully set forth herein.
`
`45. Plaintiff asserts this claim for damages and declaratory relief pursuant to
`
`A.R.S. § 23-391.
`
`46. At all relevant times, Defendant was Plaintiff’s “employer” within the
`
`meaning of A.R.S. § 23-391.
`
`47. A.R.S. § 23-391 requires employers to pay all employees 1.5x regular
`
`wages for all hours worked over 40 hours per week if overtime compensation is mandated
`
`by federal law.
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`48. Defendant failed to pay Plaintiff for all hours worked.
`
`49. Defendant failed to pay Plaintiff a sufficient overtime premium for all hours
`
`worked over forty each week.
`
`50. Defendant’s conduct and practices, as described above, were willful,
`
`intentional, unreasonable, arbitrary and in bad faith.
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`51. By reason of the unlawful acts alleged herein, Defendant is liable to Plaintiff
`
`for monetary damages, liquidated damages and costs, including reasonable attorney’s
`
`Page 6 of 8
`David Roman v. Amazon.com Services, LLC
`U.S.D.C. (Dist. Ariz.) No. 2:21-cv-____
`Original Complaint
`
`
`
`Case 2:21-cv-00619-SPL Document 1 Filed 04/12/21 Page 7 of 8
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`fees provided by the FLSA for all violations which occurred beginning at least three years
`
`preceding the filing of Plaintiff’s initial complaint, plus periods of equitable tolling.
`
`52. Alternatively, should the Court find that Defendant acted in good faith in
`
`failing to pay Plaintiff as provided by the FLSA, Plaintiff is entitled to an award of
`
`prejudgment interest at the applicable legal rate.
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`VII. PRAYER FOR RELIEF
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`WHEREFORE, premises considered, Plaintiff David Roman respectfully prays that
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`Defendant be summoned to appear and to answer this Complaint and for declaratory
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`relief and damages as follows:
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`A.
`
`Declaratory judgment that Defendant’s practices alleged in this Complaint
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`violate the FLSA, A.R.S. § 23-291, and their related regulations;
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`B.
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`Judgment for damages suffered by Plaintiff for all unpaid overtime wages
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`under the FLSA, A.R.S. § 23-391 and their related regulations;
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`C.
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`Judgment for liquidated damages owed to Plaintiff pursuant to the FLSA,
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`A.R.S. § 23-291 and their related regulations;
`
`D.
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`An order directing Defendant to pay Plaintiff pre-judgment interest,
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`reasonable attorney’s fees and all costs connected with this action; and
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`E.
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`Such other and further relief as this Court may deem just and proper.
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`
`
`
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`Page 7 of 8
`David Roman v. Amazon.com Services, LLC
`U.S.D.C. (Dist. Ariz.) No. 2:21-cv-____
`Original Complaint
`
`
`
`Case 2:21-cv-00619-SPL Document 1 Filed 04/12/21 Page 8 of 8
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`
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`Respectfully submitted,
`
`PLAINTIFF DAVID ROMAN
`
`
`
`
`
`DAVIS MILES McGUIRE GARDNER, PLLC
`40 East Rio Salado Pkwy, Suite 425
`Tempe, Arizona 85281
`Telephone: (480) 344-4987
`Facsimile: (480) 733-3748
`
`/s/ Marshall Hunt
`Marshall Hunt
`Ariz. Bar No.031060
`efile.dockets@davismiles.com
`
`SANFORD LAW FIRM, PLLC
`Kirkpatrick Plaza
`10800 Financial Centre Pkwy, Suite 510
`Little Rock, Arkansas 72211
`Telephone: (800) 615-4946
`Facsimile: (888) 787-2040
`
`/s/ Courtney Lowery
`Courtney Lowery
`Ark. Bar No. 2019236
`courtney@sanfordlawfirm.com
`Pro Hac Vice Motion to be filed
`
`/s/ Josh Sanford
`Josh Sanford
`Ark. Bar No. 2001037
`josh@sanfordlawfirm.com
`Pro Hac Vice Motion to be filed
`
`
`
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`Page 8 of 8
`David Roman v. Amazon.com Services, LLC
`U.S.D.C. (Dist. Ariz.) No. 2:21-cv-____
`Original Complaint
`
`
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