UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA

PAUL SINCLAIR, on behalf of himself and all 

others similarly situated,

Plaintiff,

 -againstWIRELESS ADVOCATES, LLC, 

Defendant.

Case No. 

COLLECTIVE ACTION 

COMPLAINT

COLLECTIVE ACTION COMPLAINT

Plaintiff Paul Sinclair (“Sinclair” or “Plaintiff”), along with any other similarly situated 

employees who may join this action (collectively “Plaintiffs”), by their attorneys, Shavitz Law 

Group, P.A., upon personal knowledge as to themselves and upon information and belief as to 

other matters, allege as follows:

INTRODUCTION

1. Plaintiff brings this lawsuit as a collective action pursuant to the Fair Labor 

Standards Act of 1938, as amended, 29 U.S.C. § 201, et seq. (“FLSA”), on behalf of himself and 

all other persons similarly situated who suffered damages as a result of Defendant’s violations of 

the FLSA. 

2. As more fully described below, during the relevant time periods, Defendant

willfully violated the FLSA by failing to pay its non-exempt, hourly Kiosk Managers (however 

various titled, including Wireless Managers and Sales Managers), including Plaintiff and all 

other similarly situated employees, for all of their overtime hours worked based upon its 

unlawful policies and practices. 

3. While Defendant required Kiosk Managers to work overtime hours, as more fully 

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described herein, it did not pay them for all hours worked outside of the store. Specifically, 

Defendant requires that Plaintiff and other similarly situated Kiosk Managers use a group 

messaging mobile phone application called “GroupMe” to communicate about work matters 

when they are outside of the store and not being paid. Plaintiffs and other similarly situated 

Kiosk Managers spend substantial time monitoring, reviewing, and responding to work messages 

on the GroupMe mobile messaging application when they are not clocked into Defendant’s 

timekeeping system, and therefore, they are not being paid for work performed outside of the 

store. 

4. Additionally, Plaintiff and other similarly situated Kiosk Managers work unpaid 

time outside of the store while participating in mandatory conference calls, communicating with 

co-workers about work matters by e-mail, text messages and phone calls. 

5. Accordingly, Defendant failed to credit – and therefore compensate – Plaintiff and 

Kiosk Managers for all of their hours worked in violation of the FLSA

6. Plaintiff has retained Shavitz Law Group, P.A. to represent him in this matter.

THE PARTIES

Plaintiff

7. Plaintiff Sinclair is a resident of Tamarac, Florida.

8. Plaintiff Sinclair worked for Defendant as a non-exempt, hourly-paid Kiosk

Manager from approximately October 2007 to July 2017 at Wireless Advocates kiosks inside of 

Costco stores in Boca Raton and Davie, Florida.

9. At all times relevant, Plaintiff Sinclair was an “employee” within the meaning of 

Section 3(e) of the FLSA, 29 U.S.C. § 203(e).

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10. Sinclair’s last regular rate of pay was approximately $13.50 per hour.

11. Plaintiff Sinclair’s written consent to join this action is attached as Exhibit A. 

Defendant

12. Defendant Wireless Advocates, LLC (“Wireless Advocates”) is a Washington 

corporation with its principal place of business in Seattle, Washington. According to Wireless 

Advocates’ website, Wireless Advocates operates 517 Costco kiosks and 125 kiosks at military 

locations nationally.

1

 Wireless Advocates is a wireless product provider that partners with major 

manufacturers, carriers, and channel partners to provide a wide range of wireless services and 

products to its customers. Id.

13. At all times relevant, Wireless Advocates was and still is an “employer” within 

the meaning of Section 3(d) of the FLSA, 29 U.S.C. § 203(d).

JURISDICTION AND VENUE

14. This Court has subject matter jurisdiction over this matter pursuant to 28 U.S.C.

§ 1331, 1332, and 1367, and by 29 U.S.C. § 201, et. seq.

15. This Court is empowered to issue a declaratory judgment pursuant to 28 U.S.C.

§§ 2201 and 2202.

16. Venue is proper in the Southern District of Florida pursuant to 28 U.S.C. §

1391(b)(2) because a substantial part of the events or omissions giving rise to the claims 

occurred in this District, and the Defendant is subject to personal jurisdiction in this District. 

At all times material hereto, Plaintiff Sinclair performed non-exempt duties for at Defendant’s

 

1

https://www.wirelessadvocates.com/. 

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kiosks located in Boca Raton and Davie, Florida, which is within the jurisdiction and venue of 

this Court.

17. At all times pertinent to this Complaint, the Defendant was an enterprise engaged

in interstate commerce or in the production of interstate goods for commerce as defined by the

Act, 29 U.S.C. §§ 203(r) and 203(s). Defendant’s gross receipts for the three years preceding the 

filing of this lawsuit exceeded $500,000.00.

18. Defendant is within the personal jurisdiction and venue of this Court.

Defendant directly or indirectly acted in the interest of an employer towards Plaintiff and

other similarly situated employees at all material times, including without limitation directly or

indirectly controlling the terms of employment of Plaintiff and other similarly situated

employees.

19. Throughout the relevant period, Defendant employed Plaintiff and similarly 

situated employees within the meaning of the FLSA. Defendant has substantial control over 

Plaintiff’s working conditions and the unlawful policies and practices alleged herein.

20. Defendant is a covered employer within the meaning of the FLSA and, at all 

times relevant, employed and/or jointly employed Plaintiff and similarly situated employees. 

COMMON FACTUAL ALLEGATIONS

21. The proposed FLSA Collective is defined as follows:

All non-exempt hourly Kiosk Managers employed by Wireless Advocates

at any kiosk location throughout the United States, however variously titled, 

on or after May 1, 2017, who have not been paid for all overtime hours 

worked.

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22. Throughout their employment as Kiosk Managers with Wireless Advocates, 

Plaintiff and the similarly situated employees were scheduled to work between approximately 40 

and 45 hours per week at the kiosk locations.

23. Wireless Advocates required Plaintiff and the similarly situated employees to 

perform work off the clock while away from the kiosk and outside regular working hours by: (a) 

downloading the “GroupMe” application and reading and responding to group messages about 

work matters; (b) participating in conference calls addressing work matters; and (c) 

communicating with co-workers about work matters via phone, text and e-mail. Plaintiff 

performed about 10 to 15 hours of unpaid work per workweek while working away from the 

kiosk and while not clocked into Wireless Advocates’ timekeeping system. 

24. Pursuant to these policies and procedures, Wireless Advocates failed to record

and pay all of the hours worked by Plaintiff and the other Kiosk Managers, thereby resulting in 

the failure to pay overtime in violation of the FLSA. 

Defendant’s Off-the-Clock Violations

25. Plaintiff and the proposed FLSA Collective members worked as non-exempt 

classified Kiosk Managers at Wireless Advocates kiosks. 

26. Defendant is aware (or should have been aware) that Plaintiff and the proposed 

FLSA Collective worked off the clock overtime hours. But, Defendant failed and continues to fail

to pay them all of their overtime compensation by failing to credit them for all of the hours they 

work over 40 in a workweek and suffering or permitting Plaintiff and the proposed FLSA 

Collective to work off-the-clock hours, during which they performed their Kiosk Manager duties. 

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27. Defendant maintains time records for all their non-exempt hourly Kiosk Managers 

throughout the United States.

28. However, those time records fail to accurately reflect all of Plaintiff’s hours 

worked, based upon Defendant’s policies and procedures for requiring Plaintiff and the similarly 

situated Kiosk Managers to work off the clock and not crediting time worked away from the 

kiosk.

29. While Defendant occasionally may have paid Plaintiff and the proposed FLSA 

Collective for some overtime hours worked, Defendant failed to pay Plaintiff and the proposed 

FLSA Collective for all of their overtime hours worked because it did not pay them for these

unrecorded hours worked away from the kiosk in violation of the FLSA. 

30. Based upon Defendant’s policies and procedures, Defendant failed to keep 

accurate records of hours worked by Plaintiff. 

31. Defendant’s failure to pay Plaintiff and the proposed FLSA Collective for all 

hours worked while away from the kiosk was due to a corporate policy to limit labor 

expenditures and preserve corporate profits.

FLSA COLLECTIVE ACTION ALLEGATIONS

32. Plaintiff brings the First Cause of Action, pursuant to FLSA, 29 U.S.C. § 216(b), 

on behalf of himself and the proposed FLSA Collective.

33. All of the work that Plaintiff and the proposed FLSA Collective have performed 

has been assigned by Defendant, and/or Defendant has been aware of all of the work that 

Plaintiff and the proposed FLSA Collective have performed.

34. As part of its regular business practice, Defendant has intentionally, willfully, and 

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repeatedly engaged in a pattern, practice, and/or policy of violating the FLSA with respect to 

Plaintiff and the proposed FLSA Collective. This policy and pattern or practice includes, but is not 

limited to:

a. willfully failing to pay Plaintiff and the members of the FLSA Collective

overtime wages for all of the hours that they worked while away from the 

kiosk for Defendant in excess of 40 hours per workweek; and

b. willfully failing to record all of the time that its employees, including 

Plaintiff and the FLSA Collective, have worked for Defendant while away 

from the kiosk.

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

Plaintiff and members of the FLSA Collective an overtime premium for all hours worked in 

excess of 40 per workweek. 

36. Plaintiff and the FLSA Collective all perform or performed the similar duties of 

Kiosk Manager at Wireless Advocates kiosks throughout the country.

37. Plaintiff and the FLSA Collective all were compensated on an hourly basis.

38. Plaintiff and the FLSA Collective all were subject to the same employment 

policies, procedures, and practices as centrally disseminated by Defendant.

39. Defendant failed to make an adequate inquiry into whether Plaintiff and the FLSA 

Collective were being paid for all hours worked while away from the kiosk.

40. Upon information and belief, Defendant did not conduct any audit, analysis, or 

study to ensure that it completed Plaintiff and the FLSA Collective for all hours worked while 

away from the kiosk.

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

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FIRST CAUSE OF ACTION

FLSA– Unpaid Overtime Wages

(Brought on behalf of Plaintiff and the FLSA Collective)

42. Plaintiff incorporates by reference all preceding allegations.

43. Defendant has engaged in a widespread pattern and practice of violating the 

FLSA, as described in this Collective Action Complaint.

44. Plaintiff consented in writing to be a party to this action, pursuant to 29 U.S.C. § 

216(b). 

45. At all relevant times, Plaintiff and other similarly situated current and former 

employees 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). 

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

Defendant. 

47. Defendant is an employer engaged in commerce and/or the production of goods 

for commerce within the meaning of 29 U.S.C. §§ 206(a) and 207(a).

48. At all times relevant, Plaintiff was an employee within the meaning of 29 U.S.C. 

§§ 203(e) and 207(a).

49. Defendant has failed to pay Plaintiff and other similarly situated current and 

former employees all of the overtime wages to which they were entitled under the FLSA. 

50. Defendant’s violations of the FLSA, as described in this Collective Action 

Complaint, have been willful and intentional. 

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51. Defendant has failed to make a good faith effort to comply with the FLSA with 

respect to its compensation of Plaintiff and other similarly situated current and former 

employees. 

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

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

53. As a result of Defendant’s willful violations of the FLSA, Plaintiff and all other 

similarly situated employees have suffered damages by being denied overtime wages in 

accordance with 29 U.S.C. §§ 201 et seq. 

54. As a result of the unlawful acts of Defendant, Plaintiff and other similarly situated 

current and former employees have been deprived of overtime compensation and other wages in 

amounts to be determined at trial, and are entitled to recovery of such amounts, liquidated 

damages, prejudgment interest, attorneys’ fees, costs and other compensation pursuant to 29 

U.S.C. § 216(b). 

DEMAND FOR TRIAL BY JURY

Plaintiff and the FLSA Collective, demand a trial by jury on all questions of fact raised 

by this Collective Action Complaint.

PRAYER FOR RELIEF

WHEREFORE, Plaintiff, individually and on behalf of all other similarly situated 

persons, seeks the following relief:

A. That, at the earliest possible time, Plaintiff be allowed to give notice of this collective 

action, or that the Court issue such notice, to all members of the proposed FLSA Collective. Such 

notice should inform them that this civil action has been filed, of the nature of the action, and of their 

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right to join this lawsuit, among other things;

B. Unpaid overtime pay, and an additional and equal amount as liquidated damages 

pursuant to the FLSA and the supporting United States Department of Labor regulations;

C. Pre-judgment interest and post-judgment interest as provided by law;

D. Appropriate equitable and injunctive relief to remedy violations, including but not 

necessarily limited to an order enjoining Defendant from continuing its unlawful practices; 

E. Attorneys’ fees and costs of the action;

F. An appropriate service award for Plaintiff’s efforts and service to the proposed 

FLSA Collective; and

G. Such other injunctive and equitable relief as this Court shall deem just and proper.

Dated: Boca Raton, Florida Respectfully submitted,

May 1, 2020

Gregg I. Shavitz

Camar Jones

Tamra Givens

SHAVITZ LAW GROUP, P.A.

981 Yamato Road, Suite 285

Boca Raton, Florida 33431

Telephone: (561) 447-8888

Facsimile: (561) 447-8831

gshavitz@shavitzlaw.com

cjones@shavitzlaw.com

tgivens@shavitzlaw.com

Attorneys for Plaintiff and the proposed 

FLSA Collective

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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), Wireless 

Advocates, 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

Paul Sinclair

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