Scott Wagner & Associates, P.A. 

Complaint 

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IN THE UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

CASE NO. 

RACHEL KITTL, 

 Plaintiff, 

v. 

JOSEPH C. KEMPE PROFESSIONAL ASSOCIATION, 

A Florida profit corporation, and 

JOSEPH C. KEMPE, individually, 

 Defendants. 

____________________________/ 

COMPLAINT 

 COMES NOW Plaintiff, RACHEL KITTL, [herein referred to as “Plaintiff”], by and 

through her undersigned attorney and hereby files this Complaint against Defendants, JOSEPH C. 

KEMPE PROFESSIONAL ASSOCIATION, a Florida profit corporation and JOSEPH C. 

KEMPE, individually, and as grounds therefore alleges as follows: 

JURISDICTION, PARTIES AND VENUE

1. This matter in controversy concerns unpaid overtime payments, liquidated damages, and 

attorney’s fees. 

2. This is an action for damages and is brought pursuant to the Fair Labor Standards Act, 29 

U.S.C. § 207 (“FLSA”), for unpaid overtime. 

3. This court has original jurisdiction over this matter insofar as the matter involves a federal 

question, namely violation of 29 U.S.C. §216(b). 

4. Plaintiff, RACHEL KITTL is a resident of Palm Beach County, Florida. 

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Complaint 

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5. Upon information and belief, Defendant, JOSEPH C. KEMPE is believed to be a resident of 

Palm Beach County. 

6. Defendant, JOSEPH C. KEMPE PROFESSIONAL ASSOCIATION has a principal address 

at 941 N. Highway A1A, Jupiter, FL 33477. 

7. This cause of action arose in Palm Beach County. 

8. Palm Beach County, Florida is proper venue for this action because Plaintiff resides in Palm 

Beach County and at all times material hereto, Plaintiff was employed by and had dealings 

with Defendants in Palm Beach County, Florida. 

9. Defendants, and each of them, failed to pay Plaintiff the mandatory wages as required under 

federal law. 

10. Individual Defendant, JOSEPH C. KEMPE, is registered with the Florida Division of 

Corporations as the director (sole officer); and is the sole shareholder of Joseph C. Kempe 

Professional Association. 

11. Individual Defendant JOSEPH C. KEMPE was a joint employer of Plaintiff as that term is 

defined under the FLSA. He had exclusive operational control over the law practice where 

Plaintiff worked, was responsible for paying wages to employees, managing workers, 

managing the business, and classifying employees as exempt or non-exempt. 

12. Defendant JOSEPH C. KEMPE PROFESSIONAL ASSOCIATION has annual gross sales 

volume that exceeds the statutory requirements of $500,000.00 per annum. 

13. Defendants, at all times material hereto, were an enterprise engaged in interstate commerce or 

in the production of goods for commerce as defined in Section 3(r) and 3(s) of the Act. 

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Complaint 

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COMMON ALLEGATIONS 

14. Plaintiff was employed with Defendants in the position of paralegal from on or about 

December 1, 2017 up to and including her separation on September 7, 2018. 

15. Plaintiff was at all times a non-exempt employee for purposes of FLSA. 

16. Plaintiff’s position was of paralegal, which involved responsibilities such as opening and 

preparing estate administration documents, client meetings, meetings with financial 

institutions for depository accounts, maintain files, and attend biweekly WIP meetings. 

17. Defendants failed to pay Plaintiff the mandatory wages as required under federal law. 

18. Plaintiff regularly worked over forty (40) hours in a given work week. 

19. Without the benefit of records from the Defendant plaintiff’s good faith recollection is she 

worked 3 hours a week without being paid overtime. 

20. Defendants failed to pay Plaintiff overtime as required by Federal law. 

21. Plaintiff is a non-exempt employee under the FLSA. 

22. Plaintiff was not paid time and one half her hourly rate for hours worked over forty (40) in a 

work week. 

23. Plaintiff’s job duties were such that she herself was individually engaged in commerce. 

COUNT I 

UNPAID OVERTIME 

IN VIOLATION OF THE FAIR LABOR STANDARDS ACT 29 U.S.C. §207 

AS TO DEFENDANT JOSEPH C. KEMPE PROFESSIONAL ASSOCIATION 

 Plaintiff re-alleges Paragraphs 1 through 23 as set forth herein. 

24. Plaintiff is a covered, non-exempt employee and is entitled to overtime compensation for all 

hours worked in excess of forty (40) hours per week. 

25. Plaintiff worked in excess of forty (40) hours per week for several of the work weeks she was 

employed with the Defendant. 

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26. Plaintiff worked in excess of forty (40) hours per week without being compensated for any 

overtime benefits by the Defendants. 

27. Defendant, failed to compensate Plaintiff up to one and a half times her hourly rate for all 

worked performed in excess of forty (40) hours. 

28. The Defendant’s failure to properly compensate Plaintiff is in violation of the Fair Labor 

Standards Act, pursuant to 29 U.S.C. §207. Plaintiff is aware of hours for which she was not 

compensated in the preceding period of time. 

29. Defendant’s failure to pay Plaintiff overtime was the result of intentional, willful misconduct, 

such that Plaintiff is entitled to overtime payments for the entire preceding period. 

30. As a direct and proximate result of the Defendant’s actions, Plaintiff has obtained counsel to 

represent her in this action and has agreed to incur reasonable attorney’s fees and costs for 

the prosecution of this matter. As a result, Plaintiff is entitled to reimbursement and/or an 

award of reasonable attorney’s fees and costs pursuant to 29 U.S.C. §216. 

31. As a direct and proximate result of the Defendant’s actions, Plaintiff has suffered damages. 

32. As a result of Defendant’s conduct, Plaintiff is entitled to unpaid wages for overtime, 

liquidated damages and other penalties. 

WHEREFORE, Plaintiff prays that judgment be entered in her favor and against the Defendant 

as follows: The Plaintiff be awarded general and compensatory damages, liquidated damages, 

prejudgment interest; that Plaintiff be awarded reasonable attorneys’ fees and costs of suit pursuant 

to 29 U.S.C.A. §216; and that Plaintiff be awarded other and further relief as the Court deems just 

and proper. 

// 

// 

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Complaint 

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COUNT II 

UNPAID OVERTIME 

IN VIOLATION OF THE FAIR LABOR STANDARDS ACT 29 U.S.C. §207 

AS TO DEFENDANT JOSEPH C. KEMPE 

 Plaintiff re-alleges Paragraphs 1 through 23 as set forth herein. 

33. Plaintiff is a covered, non-exempt employee and is entitled to overtime compensation for all 

hours worked in excess of forty (40) hours per week. 

34. Plaintiff worked in excess of forty (40) hours per week for several of the work weeks she was 

employed with the Defendant. 

35. Plaintiff worked in excess of forty (40) hours per week without being compensated for any 

overtime benefits by the Defendant. 

36. Defendant, failed to compensate Plaintiff up to one and a half times her hourly rate for all 

worked performed in excess of forty (40) hours. 

37. The Defendant’s failure to properly compensate Plaintiff is in violation of the Fair Labor 

Standards Act, pursuant to 29 U.S.C. §207. Plaintiff is aware of hours for which she was not 

compensated in the preceding period of time. 

38. Defendant’s failure to pay Plaintiff overtime was the result of intentional, willful misconduct, 

such that Plaintiff is entitled to overtime payments for the entire preceding period. 

39. As a direct and proximate result of the Defendant’s actions, Plaintiff has obtained counsel to 

represent her in this action and has agreed to incur reasonable attorney’s fees and costs for 

the prosecution of this matter. As a result, Plaintiff is entitled to reimbursement and/or an 

award of reasonable attorney’s fees and costs pursuant to 29 U.S.C. §216. 

40. As a direct and proximate result of the Defendant’s actions, Plaintiff has suffered damages. 

41. As a result of Defendant’s conduct, Plaintiff is entitled to unpaid wages for overtime, 

liquidated damages and other penalties. 

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Scott Wagner & Associates, P.A. 

Complaint 

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WHEREFORE, Plaintiff prays that judgment be entered in her favor and against the Defendant 

as follows: The Plaintiff be awarded general and compensatory damages, liquidated damages, 

prejudgment interest; that Plaintiff be awarded reasonable attorneys’ fees and costs of suit pursuant 

to 29 U.S.C.A. §216; and that Plaintiff be awarded other and further relief as the Court deems just 

and proper. 

DEMAND FOR JURY TRIAL 

 Plaintiff demands a jury on all issues so triable. 

Dated this 13th day of May 2020. 

SCOTT WAGNER & ASSOCIATES, P.A. 

Jupiter Gardens 

250 South Central Boulevard 

Suite 104-A 

Jupiter, FL 33458 

Telephone: (561) 653-0008 

Facsimile: (561) 653-0020 

s/Cathleen Scott 

Cathleen Scott, Esq. 

Florida Bar Number 135331 

Primary e-mail: CScott@scottwagnerlaw.com

Secondary e-mail: mail@scottwagnerlaw.com 

 Secondary Address: 101 Northpoint Parkway 

West Palm Beach, FL 33407 

www.ScottWagnerLaw.com

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