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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO.: 

DAVID TURNBULL and NORMA 

DEAN-CLARKSON, on their own behalf and

others similarly situated,

Plaintiffs, 

v. 

BOWMAN CONSULTING GROUP, LTD., INC., 

a Virginia corporation, and AEROTEK, INC., 

a Maryland corporation, 

Defendants.

________________________________________/

COLLECTIVE ACTION COMPLAINT 

INTRODUCTION

Plaintiffs, DAVID TURNBULL and NORMA DEAN CLARKSON (“Plaintiffs”), were

employed by Defendants, BOWMAN CONSULTING GROUP, LTD., INC., and AEROTEK, 

INC. (hereinafter “Defendants”) as Customer Outreach Specialists (“COS”). Plaintiffs bring this 

action on behalf of themselves and other current and former similarly situated employees for 

overtime compensation and all available relief under the Fair Labor Standards Act of 1938 

(“FLSA”), 29 U.S.C. §§ 201, et. seq. The following allegations are based on personal knowledge 

as to Plaintiffs’ own conduct and are made on information and belief as to the acts of others. 

This action is intended to include any and all COS, and other individuals performing 

similar duties under different job titles1in the state of Florida during the 3 year period 

immediately preceding the filing of this action. 

 

1

The job titles at issue include, but are not limited to COS I, COS II, COS II, and hourly-paid 

COS Supervisors.

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NATURE OF THE ACTION

1. Plaintiffs bring this action under the Fair Labor Standards Act of 1938, as 

amended, 29 U.S.C. §§ 201, et seq. (“FLSA”) on behalf themselves and all current and former 

non-exempt, hourly-paid COSs, regardless of precise title, who work and/or worked for 

Defendants in the state of Florida during the 3 year period preceding the filing of this Complaint

(the “Collective” or “Collective Action Members”).

2. Defendants violated the FLSA by requiring Plaintiffs and the Collective Action 

Members to perform work “off the clock” and failing to pay them the full extent of their 

overtime compensation. Plaintiffs and the Collective Action Members are entitled to unpaid 

overtime compensation from Defendants for all hours worked by them in excess of forty (40)

hours in a workweek, and are also entitled to liquidated damages pursuant to the FLSA.

3. Defendants employ COSs throughout the state of Florida at locations in Fort 

Lauderdale, Port St. Lucie, Melbourne, Stuart, Daytona, and Boynton Beach.

4. Defendants uniformly classify COSs as non-exempt from overtime compensation 

under the FLSA at all of tis locations.

5. Pursuant to a uniform, companywide policy and practice, Defendants required 

COSs to perform work off the clock by instructing them to: (a) visit customers’ homes; (b) call 

customers; (c) prepare reports of their visits with customers; (d) review and respond to work 

related e-mail; (e) communicate with Bowman regarding work-related tasks such as the status of 

their projects and visits with customers. Additionally, when Plaintiffs submitted timesheets 

reflecting more than 40 hours in a workweek, Defendants would reduce the recorded hours, and 

only pay 40 hours unless the hours over 40 were approved by Defendants. 

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6. Defendants’ systematic failure and refusal to pay Plaintiffs and all other similarly 

situated COSs for all hours worked over 40 in a workweek violates the FLSA.

7. Plaintiffs allege on behalf of themselves and all similarly situated current and 

former non-exempt, hourly COSs (however variously titled) employed by Defendants in the the 

state of Florida during the relevant period that they are entitled to: (i) unpaid wages for unpaid 

hours worked in excess of 40 in a workweek; (ii) liquidated damages, and (iii) reasonable 

attorneys’ fees and costs, pursuant to the FLSA.

PARTIES

Plaintiffs

8. Plaintiff, DAVID TURNBULL (“Plaintiff TURNBULL”) was employed by

Defendants from approximately August 2019 to February 2020 as a COS.

9. Plaintiff TURNBULL performed work for Defendants in Fort Lauderdale, 

Broward County, Florida, which is within the jurisdiction of this Court. 

10. Plaintiff, NORMA DEAN CLARKSON (“Plaintiff CLARKSON”) was employed 

by Defendants from approximately August 2019 to December 2019 as a COS. 

11. Plaintiff CLARKSON performed work for Defendants in Fort Lauderdale, 

Broward County, Florida, which is within the jurisdiction of this Court. 

12. Plaintiffs’ written Consent to Join forms are attached as Exhibit A.

Defendants

13. Defendant, BOWMAN CONSULTING GROUP, LTD., INC. (“BOWMAN”), is 

a Virginia corporation, with a principal place of business in Reston, Virginia. At all times 

material, BOWMAN was authorized to do business in the state of Florida, including in Broward

County, Florida, which is within the jurisdiction of this Court. 

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14. Defendant, AEROTEK, INC., is a Maryland corporation with a principal place of 

business in Hanover, Maryland. At all times material, AEROTEK was authorized to do business 

in the state of Florida, including in Broward County, Florida, which is within the jurisdiction of 

this Court. 

15. Defendants jointly employed Plaintiffs and similarly situated employees.

16. At all times relevant, Defendants maintained control, oversight, and direction over 

Plaintiffs and similarly situated employees, including with respect to the timekeeping, payroll, 

and other employment practices that applied to them.

17. Defendants employed Plaintiffs and similarly situated employees, and, directly or 

indirectly, jointly or severally, controlled and directed the terms of employment and 

compensation of Plaintiffs and similarly situated employees.

18. Defendants exercised control over the wages, hours and working conditions of 

Plaintiffs and similarly situated employees. 

JURISDICTION AND VENUE

19. At all times pertinent to this Complaint, Defendants, BOWMAN and AEROTEK, 

regularly owned and operated a business engaged in commerce or in the production of goods for 

commerce as defined in §§ 3(r) and 3(s) of the Act, 29 U.S.C. §§ 203(r) and 203(s). 

20. At all times material to this Complaint, Defendants, BOWMAN and AEROTEK, 

had two (2) or more employees who regularly sold, handled, or otherwise worked on goods 

and/or materials that had been moved in or produced for commerce. 

21. Based upon information and belief, the annual gross sales volume of Defendants, 

BOWMAN and AEROTEK, was in excess of $500,000.00 per annum at all times material 

hereto. 

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22. At all times pertinent to this Complaint, Defendants, BOWMAN and AEROTEK, 

were enterprises engaged in commerce or in the production of goods for commerce as defined by 

§§ 3(r) and 3(s) of the Act, 29 U.S.C. § 203(r) and 203(s). 

23. Jurisdiction is conferred on this Court by 28 U.S.C. §§ 1331, 1337 and by 29 

U.S.C. § 216(b). 

24. Venue is proper pursuant to 28 U.S.C. §1391. The Court has jurisdiction over the 

Defendants, as well as over Plaintiff and any other plaintiffs joining this lawsuit. 

COLLECTIVE ACTION ALLEGATIONS

25. Pursuant to 29 U.S.C. §§ 207 and 216(b), Plaintiffs seek to prosecute their FLSA 

claims as a collective action on behalf of themselves and the Collective Action Members.

26. Defendants are liable under the FLSA for, inter alia, failing to properly 

compensate Plaintiffs and the Collective Action Members. There are many similarly situated 

current and former COSs who have been underpaid in violation of the FLSA and 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 COSs are known to Defendants, are readily 

identifiable, and can be located through Defendants’ records. Notice should be sent to the 

Collective Action Members pursuant to 29 U.S.C. § 216(b).

FACTUAL ALLEGATIONS

27. Plaintiffs and the Collective Action Members worked for Defendants as COSs 

and regularly worked more than 40 hours a week.

28. Plaintiffs and all the other similarly situated employees are entitled to be paid 

time and one-half of their regular rates of pay for each hour worked in excess of forty 40 hours 

per work week. 

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29. Throughout the relevant period, it has been Defendants’ policy, pattern or practice 

to require, suffer, or permit Plaintiffs and the Collective Action Members to work in excess of 40 

hours per week without paying them premium overtime compensation for all of the overtime 

hours they worked.

30. Defendants failed to pay Plaintiffs and the Collective Action Members all 

overtime compensation due and owing to them for the hours they worked in excess of 40 in a 

workweek as outlined in this Collective Action Complaint. 

31. Defendants assigned all of the work that Plaintiffs and the Collective Action 

Members performed and/or Defendants were aware of the work that they performed.

32. Defendants failed to keep accurate records of the hours worked by Plaintiffs and 

the Collective Action Members.

33. Plaintiffs and the Collective Action Members performed the same or similar 

primary job duties, which are non-exempt in nature. 

34. Defendants have intentionally, willfully, and regularly engaged in a companywide policy, pattern, or practice of violating the FLSA and with respect to Plaintiffs and the 

Collective Action Members, which policy, pattern or practice was authorized, established, 

promulgated, and/or ratified by Defendants. This policy, pattern or practice includes but is not 

limited to: 

(a) willfully failing to record all of the time that Plaintiffs and the Collective 

Action Members have worked for the benefit of Defendants;

(b) willfully failing to keep accurate payroll records as required by the FLSA;

(c) willfully failing to credit Plaintiffs and the Collective Action Members for 

all overtime hours worked, consistent with the requirements of the FLSA; and 

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(d) willfully failing to pay Plaintiffs and the Collective Action Members 

overtime compensation for hours that they worked in excess of 40 hours per workweek.

35. Defendants are aware or should have been aware that federal law required them to 

pay their employees performing non-exempt duties an overtime premium for all hours worked in 

excess of 40 hours per workweek.

36. Defendants’ unlawful conduct has been widespread, repeated, and consistent.

FIRST CAUSE OF ACTION

Fair Labor Standards Act: Unpaid Overtime Wages

Brought on Behalf of Plaintiffs and Similarly Situated Current and Former 

COSs Against Defendants

37. Plaintiffs reallege and incorporate by reference the allegations in all preceding 

paragraphs.

38. Defendants have engaged in a widespread policy, pattern or practice of violating 

the FLSA in regard to Plaintiffs and the Collective, as detailed in this Collective Action 

Complaint.

39. At all relevant times, Plaintiffs and the Collective Action Members were engaged 

in commerce and/or the production of goods for commerce within the meaning of 29 U.S.C. §§ 

206(a) and 207(a). 

40. The overtime wage provisions set forth in §§ 201 et seq. of the FLSA apply to 

Defendants.

41. Defendants were employers of Plaintiffs and the Collective Action Members and 

were engaged in commerce and/or the production of goods for commerce within the meaning of 

29 U.S.C. §§ 206(a) and 207(a).

42. At all relevant times, Plaintiffs and the Collective Action Members were 

employees within the meaning of 29 U.S.C. §§ 203(e) and 207(a).

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43. Defendants failed to pay Plaintiffs and the Collective Action Members all 

overtime compensation to which they are/were entitled under the FLSA.

44. Defendants failed to keep accurate records of time worked by the Plaintiffs and 

the Collective Action Members.

45. Defendants’ violations of the FLSA, as described in this Collective Action 

Complaint, have been, and continue to be, willful and intentional. 

46. Defendants are aware of their obligations under the FLSA, but did not make a 

good faith effort to comply with the FLSA with respect to their time keeping and compensation 

of Plaintiffs and the Collective Action Members.

47. Because Defendants’ violations of the FLSA have been willful, a three-year 

statute of limitations applies pursuant to 29 U.S.C. § 255.

48. As a result of Defendants’ willful violations of the FLSA, Plaintiffs and the 

Collective Action Members have suffered damages by being denied overtime wages in 

accordance with the FLSA, in amounts to be determined at trial, and are entitled to recovery of 

such amounts, liquidated damages, prejudgment interest, attorney’s fees, costs and expenses 

pursuant to 29 U.S.C. § 216(b).

DEMAND FOR TRIAL BY JURY

Plaintiffs and the Collective Action Members, demand a trial by jury on all questions of 

fact raised by this Collective Action Complaint.

PRAYER FOR RELIEF

WHEREFORE, Plaintiffs, DAVID TURNBULL and NORMA DEANCLARKSON, individually and on behalf of all other similarly situated members of the 

Collective, pray for the following relief:

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A. At the earliest possible time, Plaintiffs should be allowed to give notice of this 

collective action, or the Court should issue such notice, to all Collective Action Members who 

are/were employed by Defendants during the applicable statute of limitations. Such notice shall 

inform them that this civil action has been filed, of the nature of the action, and of their right to 

join this lawsuit if they believe they were denied proper overtime wages;

B. Unpaid wages, statutory penalties and liquidated damages in the maximum 

amount allowed by 29 U.S.C. §§ 201 et seq., the supporting United States Department of Labor 

regulations, as well as Defendants’ share of FICA, FUTA, state unemployment insurance and 

any other required employment taxes;

C. An injunction enjoining Defendants from violating the FLSA and its 

regulations in the future;

D. Pre and post-judgment interest;

E. Attorneys’ fees and costs of the action, including expert fees; and

F. Injunctive, equitable, or other relief as this Court deems just and proper.

Dated: April 27, 2020 Respectfully submitted,

Boca Raton, Florida

______________________

CAMAR R. JONES (Fla. Bar No. 720291)

Email: cjones@shavitzlaw.com

GREGG I. SHAVITZ (Fla. Bar No. 11398)

Email: gshavitz@shavitzlaw.com

LOGAN PARDELL (Fla. Bar No. 0118843

Email: aquiles@shavitzlaw.com

SHAVITZ LAW GROUP, P.A.

951 Yamato Rd., Suite 285

Boca Raton, Florida 33431

Telephone: (561) 447-8888

Facsimile: (561) 447-8831

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Exhibit A

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CONSENT TO JOIN FORM

1. I consent to be a party plaintiff in a lawsuit against Defendant(s), Bowman 

Consulting, and/or related entities and individuals in order to seek redress for violations of the 

Fair Labor Standards Act, pursuant to 29 U.S.C. § 216(b).

2. I hereby designate the Shavitz Law Group, P.A. to represent me in bringing such 

claim, and to make decisions on my behalf concerning the litigation and settlement. I agree to be 

bound by any adjudication of this action by the Court, whether it is favorable or unfavorable. 

3. I also consent to join any other related action against Defendant(s) or other 

potentially responsible parties to assert my claim and for this Consent Form to be filed in any 

such action.

Signature

Print Name

DocuSign Envelope ID: 5C368C79-139C-4889-AC5C-62B7963C773A

David Turnbull

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CONSENT TO JOIN FORM

1. I consent to be a party plaintiff in a lawsuit against Defendant(s), Bowman 

Consulting, and/or related entities and individuals in order to seek redress for violations of the 

Fair Labor Standards Act, pursuant to 29 U.S.C. § 216(b).

2. I hereby designate the Shavitz Law Group, P.A. to represent me in bringing such 

claim, and to make decisions on my behalf concerning the litigation and settlement. I agree to be 

bound by any adjudication of this action by the Court, whether it is favorable or unfavorable. 

3. I also consent to join any other related action against Defendant(s) or other 

potentially responsible parties to assert my claim and for this Consent Form to be filed in any 

such action.

Signature

Print Name

DocuSign Envelope ID: 572AFA10-2FE8-46F5-AACB-1327DFF71ED7

Norma Dean-Clarkson

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