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UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

CASE NO.: 0:20-cv-60864-AHS

DAVID TURNBULL, on his own behalf and

others similarly situated,

Plaintiff, 

v. 

BOWMAN CONSULTING GROUP, LTD., INC., 

a Virginia corporation, 

Defendant.

________________________________________/

AMENDED COLLECTIVE ACTION COMPLAINT 

INTRODUCTION

Plaintiff, DAVID TURNBULL (“Plaintiff”), was employed by Defendant, BOWMAN 

CONSULTING GROUP, LTD., INC. (hereinafter “Defendant” or “BOWMAN”) as Customer 

Outreach Specialist (“COS”). Plaintiff brings this action on behalf of himself 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 Plaintiff’s 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. Plaintiff brings this action under the Fair Labor Standards Act of 1938, as 

amended, 29 U.S.C. §§ 201, et seq. (“FLSA”) on behalf himself and all current and former nonexempt, hourly-paid COSs, regardless of precise title, who work and/or worked for Defendant in 

the state of Florida during the 3 year period preceding the filing of the original Complaint (the 

“Collective” or “Collective Action Members”). 

2. Defendant violated the FLSA by requiring Plaintiff and the Collective Action 

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

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

overtime compensation from Defendant 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. Defendant employs COSs throughout the state of Florida at locations in Fort 

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

4. Defendant uniformly classifies COSs as non-exempt from overtime compensation 

under the FLSA at all of its locations.

5. Pursuant to a uniform, companywide policy and practice, Defendant 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 Plaintiff submitted timesheets 

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

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

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6. Defendant’s systematic failure and refusal to pay Plaintiff and all other similarly 

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

7. Plaintiff alleges on behalf of himself and all similarly situated current and former 

non-exempt, hourly COSs (however variously titled) employed by Defendant in 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

Plaintiff

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

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

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

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

10. Plaintiff’s written Consent to Join forms are attached as Exhibit A.

Defendant

11. Defendant, BOWMAN CONSULTING GROUP, LTD., INC., 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. 

12. At all times relevant, Defendant maintained control, oversight, and direction over 

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

and other employment practices that applied to them.

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13. Defendant employed Plaintiff and similarly situated employees, and, directly or 

indirectly controlled and directed the terms of employment and compensation of Plaintiff and 

similarly situated employees.

14. Defendant exercised control over the wages, hours and working conditions of 

Plaintiff and similarly situated employees. 

JURISDICTION AND VENUE

15. At all times material, Defendant 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). 

16. At all times material, Defendant 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. 

17. Based upon information and belief, the annual gross sales volume of Defendant

was in excess of $500,000.00 per annum at all times material hereto. 

18. At all times material, Defendant was an enterprise 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). 

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

U.S.C. § 216(b). 

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

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

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COLLECTIVE ACTION ALLEGATIONS

21. Pursuant to 29 U.S.C. §§ 207 and 216(b), Plaintiff seeks to prosecute his FLSA 

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

22. Defendant is liable under the FLSA for, inter alia, failing to properly compensate 

Plaintiff 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 Defendant, are readily identifiable, 

and can be located through Defendant’s records. Notice should be sent to the Collective Action 

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

FACTUAL ALLEGATIONS

23. Plaintiff and the Collective Action Members worked for Defendant as COSs and 

regularly worked more than 40 hours a week.

24. Plaintiff 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. 

25. Throughout the relevant period, it has been Defendant’s policy, pattern or practice 

to require, suffer, or permit Plaintiff 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.

26. Defendant failed to pay Plaintiff 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 Amended Collective Action Complaint. 

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27. Defendant assigned all of the work that Plaintiff and the Collective Action 

Members performed and/or Defendant was aware of the work that they performed.

28. Defendant failed to keep accurate records of the hours worked by Plaintiff and the 

Collective Action Members.

29. Plaintiff and the Collective Action Members performed the same or similar 

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

30. Defendant has intentionally, willfully, and regularly engaged in a company-wide 

policy, pattern, or practice of violating the FLSA and with respect to Plaintiff and the Collective 

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

and/or ratified by Defendant. This policy, pattern or practice includes but is not limited to: 

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

Action Members have worked for the benefit of Defendant;

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

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

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

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

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

31. Defendant is aware or should have been aware that federal law required it to pay 

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

excess of 40 hours per workweek.

32. Defendant’s unlawful conduct has been widespread, repeated, and consistent.

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FIRST CAUSE OF ACTION

Fair Labor Standards Act: Unpaid Overtime Wages

Brought on Behalf of Plaintiff and Similarly Situated Current and Former 

COSs Against Defendant

33. Plaintiff realleges and incorporates by reference the allegations in all preceding 

paragraphs.

34. Defendant has engaged in a widespread policy, pattern or practice of violating the 

FLSA in regard to Plaintiff and the Collective Action Members, as detailed in this Amended 

Collective Action Complaint.

35. At all relevant times, Plaintiff 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). 

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

Defendant.

37. Defendant was an employer of Plaintiff 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).

38. At all relevant times, Plaintiff and the Collective Action Members were 

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

39. Defendant failed to pay Plaintiff and the Collective Action Members all overtime 

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

40. Defendant failed to keep accurate records of time worked by the Plaintiff and the 

Collective Action Members.

41. Defendant’s violations of the FLSA, as described in this Amended Collective 

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

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42. Defendant is aware of its obligations under the FLSA, but did not make a good 

faith effort to comply with the FLSA with respect to its time keeping and compensation of 

Plaintiff and the Collective Action Members.

43. Because Defendant’s violations of the FLSA have been willful, a three-year 

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

44. As a result of Defendant’s willful violations of the FLSA, Plaintiff 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

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

fact raised by this Amended Collective Action Complaint.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff, DAVID TURNBULL, individually and on behalf of all 

other similarly situated members of the Collective, pray for the following relief:

A. At the earliest possible time, Plaintiff 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 Defendant 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 

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

any other required employment taxes;

C. An injunction enjoining Defendant 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: May 19, 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: lpardell@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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CERTIFICATE OF SERVICE

I HEREBY CERTIFY that I electronically filed the foregoing document with the Clerk 

of Court using CM/ECF on May 19, 2020. I also certify that the foregoing document is being 

served this day on all counsel of record or pro se parties identified on the attached Service List 

in the manner specified, either via transmission of Notices of Electronic Filing generated by 

CM/ECF or in some other authorized manner for those counsel or parties who are not authorized 

to receive electronically Notices of Filing.

s/ Gregg Shavitz 

Gregg Shavitz 

SERVICE LIST

Turnball, et al. v. Bowman Consulting Group, LTD., et al.

CASE NO.: 0:20-cv-60864-AHS

United States District Court for the Southern District of Florida

Matthew A. Green, Esq. 

Scott A. Bassman, Esq. 

COLE, SCOTT & KISSANE, P.A. 

110 Tower, 110 S.E. 6th Street, Ste. 2700

Ft. Lauderdale, FL 33301

Tel: (954) 703-3703

Fax: (954) 703-3701 

Email: matthew.green@csklegal.com

Scott.bassman@csklegal.com

Sandra.merizalde@csklegal.com

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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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