throbber
Case 2:22-cv-02198 Document 1 Filed 05/30/22 Page 1 of 35
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF KANSAS
`
`
`Case No. ______________________
`
`
`)
`
`
`JOSE GONZALEZ GOMEZ,
`)
`ADRIAN MARGARITO LOPEZ-ARENAS
`)
`ALEJANDRO NAVAEZ-USCANGA
`
`)
`ALFONSO FAVELA-HERRERA
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`
`)
`ALFREDO ALFONSO SANCHEZ-VALDEZ
`)
`ANTONIO LOPEZ-HERNANDEZ
`
`)
`ANTONIO MARTINEZ-MARTINEZ
`
`)
`CLAUDIO REY SALAS-LOPEZ
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`
`)
`DAVID PALMA-MARTINEZ
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`
`)
`FIDEL MEDRANO-RENTERIA
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`
`)
`GERARDO JOEL QUINONES-VARGAS
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`)
`J. ASCENCION ADAME-GUERRERO
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`)
`JAVIER DIODONEY-CARABALLO
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`)
`JESUS SALVADOR HERNANDEZ-DEVORA
`)
`JOEL QUINONES-MEDINA
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`JORGE PALMA-MARTINEZ
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`JOSE LUIS MARTINEZ-MEDRANO
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`JUAN CARLOS GALAVIZ-GARCIA
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`JUAN JOSE GALINDO-GARCIA II
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`JUAN JOSE MARTINEZ-MEDRANO
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`LEONEL QUINONES-VARGAS
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`
`)
`LUIS ARRIETA-BRAVO
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`MARCO ANTONIO RODRIGUEZ
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`MIGUEL ANGEL ROCHA-GUTIERREZ
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`NOE BAZALDUA-SANCHEZ
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`RAMON ENRIQUE AVILA-VILLA
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`RICARDO ANTONIO RIQUELME-HERNANDEZ)
`SERGIO LOZANO-CORONADO
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`
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`TOMAS FAVELA-RODRIGUEZ
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`VICTOR JOSE ANGEL CHAIREZ-CENISEROS )
`AARON JACOB WILLIS
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`ABRAHAM DE JESUS BARRERA
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`ADAMS DEIVI ORTIZ-GARCIA
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`ALEXIS SANTIAGO-LOPEZ
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`ANAIS ESPERANZA GARCIA-MORALES
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`ANDRES EDUVIGE LIRIANO-DEVORA
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`ANGEL BAEZ
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`ANGEL F. HERNANDEZ-NIEVES
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`ANGEL L. TORRES-COTTO
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`Case 2:22-cv-02198 Document 1 Filed 05/30/22 Page 2 of 35
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`
`
`ANGEL LUIS ORTIZ-PEREZ
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`ANTONIO ("TONY") SANTANA-ARCE
`APOLINAR TRINIDAD-DELOSSANTOS
`ARNALDO JARED PENA-DELGADO
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`ATCEN JOEL CORSINO
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`AUSTIN TYLER BLACK
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`
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`CARLOS MARTINEZ-REYES
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`CARLOS ALFREDO REYES-VILLEGAS
`CARLOS DANIEL SANCHEZ-ALVAREZ
`CARLOS M. SUSTAITA, JR.
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`CESAR AUGUSTO ROMEU-FLORES
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`CHARLES NELSON
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`CHRISTOPHER MICHAEL JONES
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`CHRISTOPHER MICHAEL SMITH
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`CIPRIANO ISLAS
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`CLAUDIA BEATRIZ PERAZA
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`DAN ELVIS RAMIREZ-MARRERO
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`DAVID RODRIGUEZ BRACERO
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`DEVON J. WHITMORE
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`EDWIN OMAR VARGAS RESTO
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`EDWIN EDUARDO CARDENAS-PERALES
`EDY SIKLER
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`ELLIS D. COX
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`ERICK ZAYAS-MORALES
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`ETHAN M. JOHNSON
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`FABIAN DELGADO-GONZALEZ
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`FABIAN QUEZADA-AVILA
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`FERNANDO FLORES-CARDENAS
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`FRANCISCO JAVIER HERNANDEZ
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`FREDERICK TYRONE-WHITBY
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`GREGORIO HERNANDEZ
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`HERMINIO SEGARRA
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`IRVING JOEL COLLAZO-MERCADO
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`IVAN CORTES-DOMINGUEZ
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`JAM CARLOS SANTIAGO-MALDONADO
`JEFFREY CHARLES SCHELBAR
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`JELFRY ALEJANDRO BARIAS
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`JESSE MICHAEL CARPENTER
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`JOHNNY CRUZ-LUNA
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`JONATHAN RIOS-ARGUETA
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`JONATHANRIVERA-BONILLA
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`JORGE LUIS AYALA-SANTANA
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`JOSE A. PINEDA MEJIA
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`Case 2:22-cv-02198 Document 1 Filed 05/30/22 Page 3 of 35
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`
`JOSE AGUSTIN PEREZ-ARROYO
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`JOSE ALBERTO GONZALEZ-GOMEZ
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`JOSE ANTONIO VARGAS-GUZMAN
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`JOSE E. MARTINEZ ROQUE
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`JOSE JUAN ARCHILLA
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`JOSHUA ISAAC ORTIZ-LUNA
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`JOSUE IRIZARRY-PEREZ
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`JUAN CARLOS RODRIGUEZ
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`JULIO JOSUE VERGARA-MARTINEZ
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`JUNIOR JOSE GRIMONT-YANEZ
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`JUSTO A. VILLARREAL
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`KELVIN SOTO-SOTO
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`KELVIN DAVID RESTO-MONTANEZ
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`KEVIN REY-ANCHONDO
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`KEVIN ANTONIO GUEVARA-CORDERO
`LIZZETH JACQUELINE BLANCO
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`LORENZO MELGAREJO-GAMEZ
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`LUIS TROCHE-PINTO
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`LUIS ALBERTO ORELLANO-RODRIGUEZ
`LUIS DANIEL DELGADO-RIVERA
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`LUIS ENRIQUE RODRIGUEZ
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`LUIS O. VERGARA-MARTINEZ
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`MANUEL MALDONADO-RODRIGUEZ
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`MARCELINO ESTRADA
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`MARLIS C. MORALES-MOLINA
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`MARTIN FRANCISCO VARELA II
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`MATTHEW ANDREW BLACK
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`MERWEEN R. MARRERO-RODRIGUEZ
`MICHAEL SANCHEZ-MOLINA
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`MITSON TOM
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`NICOLAS QUEZADA-AVILA
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`OCTAVIO RODRIGUEZ
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`RAYMUNDO SILVA-QUINONEZ
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`REICHY ERAM
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`REUEL TIRADO-ORTIZ
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`ROGELIO MORALES-ROBLES
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`RUBEN GAMINO CRUZ
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`SALVADOR JOSEPH VILLARREAL
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`SAMUEL ANTONIO MOLINA-LOPEZ
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`SERGIO ROMAN RODRIGUEZ
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`SONIA LOPEZ-LUIS
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`STEPHANE BLAKE HARMON
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`STEVEN J. HOLDEN
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`Case 2:22-cv-02198 Document 1 Filed 05/30/22 Page 4 of 35
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`)
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`THOMAS EDWARD PONDS
`)
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`TYRONE ALVIN SCOTT EL
`)
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`ZACHARY PAULEY
`
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`MICHAEL ARCHILLA
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`ANDRES SANTANDER-ESPINOZA
`)
`MARCOS XAVIER PAGAN-SANTIAGO
`)
`GUILLERMO A. SUAREZ
`
`
`)
`JUAN JOSE PALMA-MARTINEZ
`
`Individually and all other persons similarly situated )
`
`
`
`Plaintiffs,
`
`
`)
`
`v.
`
`
`
`
`
`)
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`
`
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`
`)
`EPIC LANDSCAPE PRODUCTIONS, L.C.
`)
`SERVE: John A. Constant, Registered Agent
`)
`
` 17755 Mission Road
`
`
`)
`
` Stilwell, KS 66085
`
`
`)
`
`
`
`Defendant.
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`)
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`
`
`COMPLAINT
`Class and Collective Action Claims
`
`133 Plaintiffs, who were previously employed or are currently employed by Defendant
`
`Epic Landscape Productions, L.C. (“Defendant” or “Epic”), hereby set forth this representative
`
`action for violations of the Fair Labor Standards Act (“FLSA”) under §216(b) and Wage-Related
`
`Class Claims Pursuant to Fed. R. Civ. P. 23 as follows:
`
`PRELIMINARY STATEMENT
`
`1.
`
`Plaintiffs, on behalf of themselves and all others similarly situated, bring this action
`
`against Defendant for overtime compensation, and related penalties and damages. It is Defendant’s
`
`practice and policy to willfully fail and refuse to pay all overtime compensation due and owing to
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`Plaintiffs, and all other similarly situated employees, and doing so is in direct violation of the
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`FLSA, 29 U.S.C. § 201 et seq. 
`
`2.
`
`Defendant’s pay practices and policies are in direct violation of the FLSA  and
`
`Wage-Related Class Claims Pursuant to Fed. R. Civ. P. 23, and therefore Plaintiffs, on behalf of
`
` 
`
`4 
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`

`

`Case 2:22-cv-02198 Document 1 Filed 05/30/22 Page 5 of 35
`
`themselves and all others similarly situated, seek declaratory relief; overtime premiums for all
`
`overtime work required, suffered, or permitted by Defendant; liquidated and/or other damages as
`
`permitted by applicable law; and attorneys’ fees, costs, and expenses incurred in this action. 
`
`PARTIES
`
`Jose Gonzalez Gomez is currently employed by Epic and primarily works out of
`
`3.
`
`its Kansas location.
`
`4.
`
`Adrian Margarito Lopez-Arenas was employed by Epic and primarily worked out
`
`of its Kansas location.
`
`5.
`
`Alejandro Navaez-Uscanga is currently employed by Epic and primarily works
`
`out of its Kansas location.
`
`6.
`
`Alfonso Favela-Herrera is currently employed by Epic and primarily works out of
`
`its Kansas location.
`
`7.
`
`Alfredo Alfonso Sanchez-Valdez is currently employed by Epic and primarily
`
`works out of its Kansas location.
`
`8.
`
`Antonio Lopez-Hernandez was employed by Epic and primarily worked out of its
`
`Kansas location.
`
`9.
`
`Antonio Martinez-Martinez was employed by Epic and primarily worked out of
`
`its Kansas location.
`
`10.
`
`Claudio Rey Salas-Lopez is currently employed by Epic and primarily works out
`
`of its Missouri location.
`
`11.
`
`David Palma-Martinez was employed by Epic and primarily worked out of its
`
`Kansas location.
`
` 
`
`5 
`
`

`

`Case 2:22-cv-02198 Document 1 Filed 05/30/22 Page 6 of 35
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`12.
`
`Fidel Medrano-Renteria is currently employed by Epic and primarily works out of
`
`its Kansas location.
`
`13.
`
`Gerardo Joel Quinones-Vargas is currently employed by Epic and primarily
`
`works out of its Missouri location.
`
`14.
`
`J. Ascencion Adame-Guerrero was employed by Epic and primarily worked out
`
`of its Kansas location.
`
`15.
`
`Javier Diodoney-Caraballo was employed by Epic and primarily worked out of its
`
`Kansas location.
`
`16.
`
`Jesus Salvador Hernandez-Devora was employed by Epic and primarily worked
`
`out of its Missouri location.
`
`17.
`
`Joel Quinones-Medina is currently employed by Epic and primarily works out of
`
`its Missouri location.
`
`18.
`
`Jorge Palma-Martinez was employed by Epic and primarily worked out of its
`
`Kansas location.
`
`19.
`
`Jose Luis Martinez-Medrano is currently employed by Epic and primarily works
`
`out of its Kansas location.
`
`20.
`
`Juan Carlos Galaviz-Garcia was employed by Epic and primarily worked out of
`
`its Kansas location.
`
`21.
`
`Juan Jose Galindo-Garcia II is currently employed by Epic and primarily works
`
`out of its Kansas location.
`
`22.
`
`Juan Jose Martinez-Medrano is currently employed by Epic and primarily works
`
`out of its Kansas location.
`
` 
`
`6 
`
`

`

`Case 2:22-cv-02198 Document 1 Filed 05/30/22 Page 7 of 35
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`23.
`
`Leonel Quinones-Vargas is currently employed by Epic and primarily works out
`
`of its Missouri location.
`
`24.
`
`Luis Arrieta-Bravo was employed by Epic and primarily worked out of its
`
`Missouri location.
`
`25. Marco Antonio Rodriguez was employed by Epic and primarily worked out of its
`
`Kansas location.
`
`26. Miguel Angel Rocha-Gutierrez is currently employed by Epic and primarily
`
`works out of its Kansas location.
`
`27.
`
`Noe Bazaldua-Sanchez was employed by Epic and primarily worked out if its
`
`Kansas location.
`
`28.
`
`Ramon Enrique Avila-Villa was employed by Epic and primarily worked out of
`
`its Kansas location.
`
`29.
`
`Ricardo Antonio Riquelme-Hernandez was employed by Epic and primarily
`
`worked out of its Kansas location.
`
`30.
`
`Sergio Lozano-Coronado was employed by Epic and primarily worked out of its
`
`Kansas location.
`
`31.
`
`Tomas Favela-Rodriguez is currently employed by Epic and primarily works out
`
`of its Kansas location.
`
`32.
`
`Victor Jose Angel Chairez-Ceniseros is currently employed by Epic and primarily
`
`works out of its Kansas location.
`
`33.
`
`Aaron Jacob Willis was employed by Epic and was primarily worked out of its
`
`Kansas location.
`
` 
`
`7 
`
`

`

`Case 2:22-cv-02198 Document 1 Filed 05/30/22 Page 8 of 35
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`34.
`
`Abraham de Jesus Barrera was employed by Epic and primarily worked out of its
`
`Missouri location.
`
`35.
`
`Adams Deivi Ortiz-Garcia was employed by Epic and primarily worked out of its
`
`Kansas location.
`
`36.
`
`Alexis Santiago-Lopez is currently employed by Epic and primarily works out of
`
`its Kansas location.
`
`37.
`
`Anais Esperanza Garcia-Morales was employed by Epic and primarily worked out
`
`of its Kansas location.
`
`38.
`
`Andres Eduvige Liriano-Devora was employed by Epic and primarily worked out
`
`of it Kansas location.
`
`39.
`
`Angel Baez is currently employed by Epic and is primarily works out of its
`
`Kansas location.
`
`40.
`
`Angel F. Hernandez-Nieves is currently employed by Epic and is primarily works
`
`out of its Kansas location.
`
`41.
`
`Angel L. Torres-Cotto was employed by Epic and primarily worked out of its
`
`Kansas location.
`
`42.
`
`Angel Luis Ortiz-Perez was employed by Epic and primarily worked out of its
`
`Kansas location.
`
`43.
`
`Antonio ("Tony") Santana-Arce is currently employed by Epic and primarily
`
`works out of its Kansas location.
`
`44.
`
`Apolinar Trinidad-DeLosSantos was employed by Epic and primarily works out
`
`of its Kansas location.
`
` 
`
`8 
`
`

`

`Case 2:22-cv-02198 Document 1 Filed 05/30/22 Page 9 of 35
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`45.
`
`Arnaldo Jared Pena-Delgado was employed by Epic and primarily worked out of
`
`its Kansas location.
`
`46.
`
`Atcen Joel Corsino was employed by Epic and primarily worked out of its Kansas
`
`location.
`
`47.
`
`Austin Tyler Black was employed by Epic and primarily worked out of its Kansas
`
`location.
`
`48.
`
`Carlos Martinez-Reyes is currently employed by Epic and primarily works out of
`
`its Kansas location.
`
`49.
`
`Carlos Alfredo Reyes-Villegas was employed by Epic and primarily worked out
`
`of its Kansas location.
`
`50.
`
`Carlos Daniel Sanchez-Alvarez was employed by Epic and primarily worked out
`
`of its Kansas location.
`
`51.
`
`Carlos M. Sustaita, Jr. is currently employed by Epic and primarily works out of
`
`its Missouri location.
`
`52.
`
`Cesar Augusto Romeu-Flores was employed by Epic and primarily worked out of
`
`its Kansas location.
`
`53.
`
`Charles Nelson was employed by Epic and primarily worked out of its Kansas
`
`location.
`
`54.
`
`Christopher Michael Jones is currently employed by Epic and primarily works out
`
`of its Missouri location.
`
`55.
`
`Christopher Michael Smith was employed by Epic and primarily worked out of its
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`Kansas location.
`
` 
`
`9 
`
`

`

`Case 2:22-cv-02198 Document 1 Filed 05/30/22 Page 10 of 35
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`56.
`
`Cipriano Islas was employed by Epic and primarily worked out of its Kansas
`
`location.
`
`57.
`
`Claudia Beatriz Peraza was employed by Epic and primarily worked out of its
`
`Kansas location.
`
`58.
`
`Dan Elvis Ramirez-Marrero was employed by Epic and primarily worked out of
`
`its Kansas location.
`
`59.
`
`David Rodriguez Bracero was employed by Epic and primarily worked out of its
`
`Kansas location.
`
`60.
`
`Devon J. Whitmore is currently employed by Epic and primarily works out of its
`
`Missouri location.
`
`61.
`
`Edwin Omar Vargas Resto was employed by Epic and primarily worked out of its
`
`Kansas location.
`
`62.
`
`Edwin Eduardo Cardenas-Perales was employed by Epic and primarily worked
`
`out of its Kansas location.
`
`63.
`
`Edy Sikler was employed by Epic and primarily worked out of its Missouri
`
`location.
`
`64.
`
`Ellis D. Cox was employed by Epic and primarily worked out of its Missouri
`
`location.
`
`65.
`
`Erick Zayas-Morales was employed by Epic and primarily worked out of its
`
`Kansas location.
`
`66.
`
`Ethan M. Johnson was employed by Epic and primarily worked out of its
`
`Missouri location.
`
` 
`
`10 
`
`

`

`Case 2:22-cv-02198 Document 1 Filed 05/30/22 Page 11 of 35
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`67.
`
`Fabian Delgado-Gonzalez was employed by Epic and primarily worked out of its
`
`Kansas location.
`
`68.
`
`Fabian Quezada-Avila was employed by Epic and primarily worked out of its
`
`Kansas location.
`
`69.
`
`Fernando Flores-Cardenas was employed by Epic and primarily worked out of its
`
`Kansas location.
`
`70.
`
`Francisco Javier Hernandez is currently employed by Epic and primarily works
`
`out of its Kansas location.
`
`71.
`
`Frederick Tyrone-Whitby is currently employed by Epic and primarily works out
`
`of its Missouri location.
`
`72.
`
`Gregorio Hernandez is currently employed by Epic and primarily works out of its
`
`Kansas location.
`
`73.
`
`Herminio Segarra was employed by Epic and primarily worked out of its Kansas
`
`location.
`
`74.
`
`Irving Joel Collazo-Mercado was employed by Epic and primarily worked out of
`
`its Kansas location.
`
`75.
`
`Ivan Cortes-Dominguez is currently employed by Epic and primarily works out of
`
`its Missouri location.
`
`76.
`
`Jam Carlos Santiago-Maldonado was employed by Epic and primarily worked out
`
`of its Kansas location.
`
`77.
`
`Jeffrey Charles Schelbar was employed by Epic and primarily worked out of its
`
`Kansas location.
`
`78.
`
`Jelfry Alejandro Barias was employed by Epic.
`
` 
`
`11 
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`

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`Case 2:22-cv-02198 Document 1 Filed 05/30/22 Page 12 of 35
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`79.
`
`Jesse Michael Carpenter was employed by Epic and primarily worked out of its
`
`Missouri location.
`
`80.
`
`Johnny Cruz-Luna is currently employed by Epic and primarily works out of its
`
`Kansas location.
`
`81.
`
`Jonathan Rios-Argueta is currently employed by Epic and primarily works out of
`
`its Kansas location.
`
`82.
`
`Jonathan Rivera-Bonilla was employed by Epic and primary worked out of its
`
`Kansas location.
`
`83.
`
`Jorge Luis Ayala-Santana was employed by Epic and primarily worked out of its
`
`Kansas location.
`
`84.
`
`Jose A. Pineda Mejia was employed by Epic and primarily worked out of its
`
`Kansas location.
`
`85.
`
`Jose Agustin Perez-Arroyo was employed by Epic and primarily worked out of its
`
`Kansas location.
`
`86.
`
`Jose Alberto Gonzalez-Gomez is currently employed by Epic and primarily works
`
`out of its Kansas location.
`
`87.
`
`Jose Antonio Vargas-Guzman was employed by Epic and primarily worked out of
`
`its Kansas location.
`
`88.
`
`Jose E. Martinez Roque was employed by Epic and primarily worked out of its
`
`Kansas location.
`
`89.
`
`Jose Juan Archilla was employed by Epic and primarily worked out of its Kansas
`
`location.
`
`90.
`
`Joshua Isaac Ortiz-Luna was employed by Epic.
`
` 
`
`12 
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`Case 2:22-cv-02198 Document 1 Filed 05/30/22 Page 13 of 35
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`91.
`
`Josue Irizarry-Perez was employed by Epic and primarily worked out of its
`
`Kansas location.
`
`92.
`
`Juan Carlos Rodriguez was employed by Epic and primarily worked out of its
`
`Kansas location.
`
`93.
`
`Julio Josue Vergara-Martinez was employed by Epic and primarily worked out of
`
`its Kansas location.
`
`94.
`
`Junior Jose Grimont-Yanez was employed by Epic and primarily worked out of
`
`its Kansas location.
`
`95.
`
`Justo A. Villarreal was employed by Epic and primarily worked out of its Kansas
`
`location.
`
`96.
`
`Kelvin Soto-Soto is currently employed by Epic and primarily works out of its
`
`Kansas location.
`
`97.
`
`Kelvin David Resto-Montanez was employed by Epic and primarily worked out
`
`of its Kansas location.
`
`98.
`
`Kevin Rey-Anchondo was employed by Epic and primarily worked out of its
`
`Kansas location.
`
`99.
`
`Kevin Antonio Guevara-Cordero was employed by Epic.
`
`100. Lizzeth Jacqueline Blanco was employed by Epic and primarily worked out of its
`
`Missouri location.
`
`101. Lorenzo Melgarejo-Gamez was employed by Epic and primarily worked out of its
`
`Kansas location.
`
`102. Luis Troche-Pinto was employed by Epic and primarily worked out of its Kansas
`
`location.
`
` 
`
`13 
`
`

`

`Case 2:22-cv-02198 Document 1 Filed 05/30/22 Page 14 of 35
`
`103. Luis Alberto Orellano-Rodriguez was employed by Epic and primarily worked
`
`out of its Kansas location.
`
`104. Luis Daniel Delgado-Rivera was employed by Epic and primarily worked out of
`
`its Kansas location.
`
`105. Luis Enrique Rodriguez was employed by Epic and primarily worked out of its
`
`Kansas location.
`
`106. Luis O. Vergara-Martinez was employed by Epic and primarily worked out of its
`
`Kansas location.
`
`107. Manuel Maldonado-Rodriguez was employed by Epic and primarily worked out
`
`of its Kansas location.
`
`108. Marcelino Estrada was employed by Epic and primarily worked out of its
`
`Missouri location.
`
`109. Marlis C. Morales-Molina was employed by Epic and primarily worked out of its
`
`Kansas location.
`
`110. Martin Francisco Varela II was employed by Epic and primarily worked out of its
`
`Kansas location.
`
`111. Matthew Andrew Black was employed by Epic and primarily worked out of its
`
`Kansas location.
`
`112. Merween R.Marrero-Rodriguez was employed by Epic and primarily worked out
`
`of its Kansas location.
`
`113. Michael Sanchez-Molina was employed by Epic and primarily worked out of its
`
`Kansas location.
`
` 
`
`14 
`
`

`

`Case 2:22-cv-02198 Document 1 Filed 05/30/22 Page 15 of 35
`
`114. Mitson Tom is currently employed by Epic and primarily works out of its
`
`Missouri location.
`
`115. Nicolas Quezada-Avila is currently employed by Epic and primarily works out of
`
`its Kansas location.
`
`116. Octavio Rodriguez was employed by Epic and primarily worked out of its Kansas
`
`location.
`
`117. Raymundo Silva-Quinonez is currently employed by Epic and primarily works
`
`out of its Missouri location.
`
`118. Reichy Eram is currently employed by Epic and primarily works out of its
`
`Missouri location.
`
`119. Reuel Tirado-Ortiz was employed by Epic and primarily worked out of its Kansas
`
`location.
`
`120. Rogelio Morales-Robles was employed by Epic and primarily worked out of its
`
`Kansas location.
`
`121. Ruben Gamino Cruz was employed by Epic and primarily worked out of its
`
`Missouri location.
`
`122. Salvador Joseph Villarreal is employed by Epic and currently works out of its
`
`Kansas location.
`
`123. Samuel Antonio Molina-Lopez was employed by Epic and primarily worked out
`
`of its Kansas location.
`
`124. Sergio Roman Rodriguez is currently employed by Epic and primarily works out
`
`of its Missouri location.
`
` 
`
`15 
`
`

`

`Case 2:22-cv-02198 Document 1 Filed 05/30/22 Page 16 of 35
`
`125. Sonia Lopez-Luis was employed by Epic and primarily worked out of its Kansas
`
`location.
`
`126. Stephane Blake Harmon was employed by Epic and primarily worked out of its
`
`Missouri location.
`
`127. Steven J. Holden was employed by Epic and primarily worked out of its Missouri
`
`location.
`
`128. Thomas Edward Ponds is currently employed by Epic and primarily works out of
`
`its Missouri location.
`
`129. Tyrone Alvin Scott El is currently employed by Epic and primarily works out of
`
`its Missouri location.
`
`130. Zachary Pauley was employed by Epic and primarily worked out of its Kansas
`
`location.
`
`131. Michael Archilla was employed by Epic and primarily worked out of its Kansas
`
`location.
`
`132. Andres Santander-Espinoza is currently employed by Epic and primarily works
`
`out of its Kansas location.
`
`133. Marcos Xavier Pagan-Santiago was employed by Epic and primarily worked out
`
`of its Kansas location.
`
`134. Guillermo A. Suarez was employed by Epic and primarily worked out of its
`
`Kansas location.
`
`135.
`
`Juan Jose Palma-Martinez was employed by Epic and primarily worked out of its
`
`Kansas location.
`
` 
`
`16 
`
`

`

`Case 2:22-cv-02198 Document 1 Filed 05/30/22 Page 17 of 35
`
`136. The Putative Plaintiffs/Class Members are those employees, and former employees,
`
`of Defendant who were suffered or permitted to work by Defendant while not being paid overtime
`
`compensation for all hours worked in excess of 40.
`
`137. Defendant is a limited liability corporation organized in Kansas but not in good
`
`standing and which is set to be administratively dissolved shortly, registered in Missouri, and
`
`operating and conducting business in Missouri.
`
`138. At all relevant times, Defendant was the employer of the Plaintiffs, and all other
`
`similarly situated employees, and is thus liable to Plaintiffs, and all others similarly situated, as
`
`an employer, joint employer, single employer and/or otherwise according to statutory and/or
`
`common law.
`
`JURISDICTION AND VENUE 
`
`139. This Court has original federal question jurisdiction under 28 U.S.C. § 1311 for the
`
`claims brought under the FLSA, 29 U.S.C. § 201, et seq. 
`
`140. The United States District Court for the District of Kansas has personal jurisdiction
`
`because Defendant is registered in Kansas, has a registered agent in Kansas, regularly operates in
`
`Kansas, and Plaintiffs and the putative collective class members are or were employees, working
`
`in Johnson County, Kansas, which is located within this District.
`
`141. This Court has jurisdiction over Plaintiffs’ state law claims pursuant to 28 U.S.C.
`
`§ 1367 because these state claims are so related to the FLSA claims that they form part of the same
`
`case or controversy.
`
`142. Venue is proper in this Court pursuant to 28 U.S.C. § 1391(b), inasmuch as the
`
`Defendant conducts business, and has substantial business contacts in the District of Kansas, and
`
`the causes of action set forth herein have arisen, in part, and occurred, in part, in Johnson County,
`
` 
`
`17 
`
`

`

`Case 2:22-cv-02198 Document 1 Filed 05/30/22 Page 18 of 35
`
`Kansas, located in this District. Venue is further proper under 29 U.S.C. § 1132(e)(2) because
`
`Defendant has substantial business contacts within the State of Kansas.
`
`GENERAL CLASS AND COLLECTIVE ACTION ALLEGATIONS 
`
`143. This Complaint may be brought and maintained as an “opt-in” collective action
`
`pursuant to Section 16 of the FLSA, 29 U.S.C. § 216(b); in that the claims of Plaintiffs are similar
`
`to the claims of the Putative Plaintiffs.
`
`144. The Putative Plaintiffs/Class Members are those current and former hourly
`
`employees of Defendant who were suffered or permitted to work by Defendant while not being
`
`paid overtime compensation for all hours worked in excess of 40 hours in a workweek.
`
`145. At all relevant times, Defendant has had a policy and practice of failing and refusing
`
`to compensate its hourly employees overtime compensation for all hours worked in excess of forty
`
`hours per week.
`
`146. The Plaintiffs and all Putative Plaintiffs/Class Members were subject to
`
`Defendant’s policies and practices of failing and refusing to compensate employees their regular
`
`or statutorily required rate of pay for all hours worked.
`
`147. Common questions of law and fact predominate in this action because the claims
`
`of Plaintiffs, and all others similarly situated, are based on whether Defendant’s policy and practice
`
`of failing and refusing to compensate its hourly workers proper overtime pay for all hours worked
`
`in excess of 40 hours in a workweek, which violates the FLSA.
`
`148. Plaintiffs will adequately represent the interests of the Putative Plaintiffs/Class
`
`Members because they are similarly situated to the Putative Plaintiffs/Class Members and their
`
`claims are typical of, and concurrent to, the claims of the other Putative Plaintiffs/Class Members.
`
` 
`
`18 
`
`

`

`Case 2:22-cv-02198 Document 1 Filed 05/30/22 Page 19 of 35
`
`149. There are no known conflicts of interest between the Plaintiffs and the other
`
`Putative Plaintiffs/Class Members.
`
`150. The class and/or collective action mechanism is superior to any alternatives that
`
`might exist for the fair and efficient adjudication of this cause of action.
`
`151. Proceeding as a class and/or collective action would permit the potentially large
`
`number of injured parties to prosecute their common claims in a single forum simultaneously,
`
`efficiently, and without unnecessary duplication of evidence, effort, and judicial resources.
`
`152. A collective action is the only practical way to avoid the potentially inconsistent
`
`results that numerous individual trials are likely to generate.
`
`153. Collective action treatment is the only realistic means by which Plaintiffs can
`
`effectively litigate against a large, well-represented landscaping corporation such as Defendant.
`
`154. Numerous repetitive individual actions would also place an enormous burden on
`
`the courts as they would be forced to take duplicative evidence and decide the same issues relating
`
`to Defendant’s conduct repeatedly.
`
`155.
`
`Individual joinder of all Putative Plaintiffs/Class Members is not practicable, and
`
`questions of law and fact common to the Class predominate over any questions affecting only
`
`individual members of the Class.
`
`156. Each Putative Plaintiffs/Class Member has been damaged and is entitled to
`
`recovery by reason of Defendant’s illegal policies and/or practices of permitting, suffering and/or
`
`failing to properly compensate employees for their regular or statutorily required rate of pay for
`
`all hours worked.
`
` 
`
`19 
`
`

`

`Case 2:22-cv-02198 Document 1 Filed 05/30/22 Page 20 of 35
`
`157. Class and/or Collective action treatment will allow those similarly situated persons
`
`to litigate their claims in the manner that is most efficient and economical for the parties and the
`
`judicial system.
`
`158. Plaintiffs, on behalf of themselves and all others similarly situated, sets forth
`
`additional collective action allegations in the various counts set forth herein.
`
`159. Plaintiffs were employed by the Defendant. During this time, Plaintiffs performed
`
`work for Defendant as hourly workers.
`
`160. Prior to and during Plaintiffs’ employment with Defendant, Defendant employed
`
`numerous other individuals who had the same compensation structure as Plaintiffs (the Putative
`
`Plaintiffs/Putative Representative Action Plaintiffs).
`
`161. Plaintiffs bring this Complaint as a collective action pursuant to Section 16(b) of
`
`the FLSA, 29 U.S.C. § 216(b), on behalf of all persons who were, are, or will be employed by the
`
`Defendant as an hourly worker within three years from the commencement of this action, plus
`
`periods of agreed tolling, who have not been paid overtime compensation, at one-and-one-half
`
`times the regular rate of pay, for all work performed in excess of forty hours per week.
`
`162. This Complaint may be brought and maintained as an “opt-in” collective action
`
`pursuant to Section 16 of the FLSA, 29 U.S.C. § 216(b), for all claims asserted by the Putative
`
`Representative Action Plaintiffs because the claims of Plaintiffs are similar to the claims of the
`
`Putative Plaintiffs of the representative action.
`
`163. Plaintiffs and the Putative Representative Action Plaintiffs are similarly situated,
`
`have substantially similar job requirements and pay provisions, and are subject to Defendant’s
`
`common practice, policy, or plan of refusing to properly pay overtime compensation in violation
`
`of the FLSA.
`
` 
`
`20 
`
`

`

`Case 2:22-cv-02198 Document 1 Filed 05/30/22 Page 21 of 35
`
`164. At all relevant times, Defendant has been, and continues to be, an “employer”
`
`within the meaning of the FLSA, 29 U.S.C. § 203.
`
`165. At all relevant times, Defendant has employed, and/or continues to employ,
`
`“employee[s],” including each of the putative members of the FLSA representative action.
`
`166. At all times relevant herein, Defendant has had gross operating revenues in excess
`
`of $500,000.00 (Five Hundred Thousand Dollars).
`
`167. The FLSA requires each covered employer, such as Defendant, to compensate all
`
`non-exempt employees overtime compensation, at a rate of not less than one-and-one-half the
`
`regular rate of pay, for work performed in excess of forty hours in a work week.
`
`168. Plaintiffs and the putative members of the FLSA representative action are not
`
`exempt from the right to receive overtime pay under the FLSA and are not exempt from the
`
`requirement that their employer pay them overtime compensation under the FLSA.
`
`169. Plaintiffs, and the putative members of the FLSA representative action, are entitled
`
`to be paid overtime compensation at a rate of 1.5 times their regular rate for all overtime hours
`
`worked.
`
`170. At all relevant times, Defendant has had a policy and practice of failing and refusing
`
`to pay its hourly workers overtime pay at a rate of not less than one-and-one-half the regular rate
`
`of pay for work performed in excess of forty hours in a work week. Rather than paying its
`
`employees overtime compensation, Defendant paid its employees the same straight time hourly
`
`rate for non-overtime hours as it did for overtime hours.
`
`171. Defendant’s failure to compensate Plaintiffs, and all others similarly situated,
`
`overtime compensation at a rate of not less than one-and-one half times the regular rate of pay for
`
` 
`
`21 
`
`

`

`Case 2:22-cv-02198 Document 1 Filed 05/30/22 Page 22 of 35
`
`work performed in excess of forty hours in a work week constitutes a violation of the FLSA, 29
`
`U.S.C. §§ 201, et seq., including 29 U.S.C. § 207(a)(1). 
`
`172. Defendant’s violation of the FLSA is continual in nature; in that Defendant
`
`continues to pay its employees under the same unlawful policies and procedures that are set forth
`
`in detail herein.
`
`173. The foregoing conduct constitutes a willful violation of the FLSA within the
`
`meaning of 29 U.S.C. § 255(a).
`
`174.
`
`Plaintiffs, on behalf of themselves and all others similarly situated, seeks damages
`
`in the amount of all respective overtime compensation at a rate of one-and-one half times the
`
`regular rate of pay for work performed in excess of forty hours in a work week, plus liquidated
`
`damages, recovery of all attorneys’ fees, costs, and expenses incurred in this action, to be paid as
`
`provided by the FLSA, 29 U.S.C. § 216(b), and such other legal and equitable relief as the Court
`
`deems just and proper.
`
`175. All similarly situated employees are similarly situated in that they are all subject to
`
`Defendant’s same compensation policies, plans and/or procedures that require these employees to
`
`perform work without proper compensation. In turn, these practices deny similarly situated
`
`employees their compensation.
`
`176.
`
`Plaintiffs bring Count I (FLSA) as an “opt-in” collective action pursuant to 29
`
`U.S.C. § 216(b). Plaintiffs, individually and on behalf of other similarly situated employees, seek
`
`relief on a collective basis challenging Defendant’s practices of, as well as failing to pay Plaintiffs
`
`and other similarly situated employees for all minimum wages and overtime premiums for hours
`
`in excess of forty in a workweek. The class for the FLSA claims is defined as:
`
` 
`
`22 
`
`

`

`Case 2:22-cv-02198 Document 1 Filed 05/30/22 Page 23 of 35
`
`All current and former hourly workers of Defendant who were not
`fully compensated at the applicable wage rates for all work
`performed.
`
`177. Pursuant to 29 U.S.C. § 216(b), FLSA claims may be pursued by those who opt-in
`
`to this case.
`
`178. Plaintiffs, individually and

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