Scott Wagner & Associates, P.A. 

Amended Complaint 

Page 1 of 9

IN THE UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

CASE NO. 20-CV-80701-DMM 

KIMBERLY BROADHURST, and 

SARAH MOSS, 

 Plaintiffs, 

v. 

GREGG BLANCHARD INSURANCE AGENCY, INC., 

a Florida profit corporation, and 

WILLIAM G. BLANCHARD, individually, 

 Defendants. 

 / 

AMENDED COMPLAINT 

 COMES NOW Plaintiffs, KIMBERLY BROADHURST, and SARAH MOSS, by and 

through their undersigned attorney and hereby file this Amended Complaint against Defendants, 

GREGG BLANCHARD INSURANCE AGENCY, INC. M, a Florida profit corporation and 

WILLIAM G. BLANCHARD, 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, KIMBERLY BROADHURST is a resident of Palm Beach County, Florida. 

5. Plaintiff, SARAH MOSS is a resident of Palm Beach County, Florida. 

Case 9:20-cv-80701-DLB Document 4 Entered on FLSD Docket 05/07/2020 Page 1 of 9
Scott Wagner & Associates, P.A. 

Amended Complaint 

Page 2 of 9

6. Defendant, GREGG BLANCHARD INSURANCE AGENCY, INC. [“GBIA”] has a principal 

place of business at 11235 US Highway One, North Palm Beach 33408. 

7. Defendant WILLIAM G. BLANCHARD [“BLANCHARD”] is a resident of Palm Beach 

County. 

8. Defendant BLANCHARD is a joint employer of Plaintiffs as that term is defined under the 

FLSA. 

9. Defendant BLANCHARD was engaged in the operational control of Plaintiffs and otherwise 

was involved in the payment of wages to the Plaintiffs. 

10. Defendant BLANCHARD acted directly and/or indirectly in the interest of GBIA in relation 

to Plaintiffs. 

11. Defendant BLANCHARD is the current President of GBIA (See true and correct copy of the 

Florida Department of State Division of Corporations Information on GBIA, attached hereto 

as Exhibit A.) 

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

13. Palm Beach County, Florida is proper venue for this action because Plaintiffs were employed 

by and had dealings with Defendants in Palm Beach County, Florida. 

14. Defendants, failed to pay Plaintiffs the mandatory wages as required under federal law. 

15. Defendants have annual gross sales volume that exceeds the statutory requirements of 

$500,000.00 per annum. 

16. 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. 

17. Plaintiffs’ job duties were such that KIMBERLY BROADHURST and SARAH MOSS were 

both individually engaged in commerce. 

Case 9:20-cv-80701-DLB Document 4 Entered on FLSD Docket 05/07/2020 Page 2 of 9
Scott Wagner & Associates, P.A. 

Amended Complaint 

Page 3 of 9

COMMON ALLEGATIONS 

18. Plaintiff Broadhurst was employed with Defendants from on or about October 7, 2018 up to 

and including her separation on October 30, 2019. 

19. At the time of her separation, Plaintiff Broadhurst held the position of Quality Control 

Specialist with duties that included handling client retention, service, and getting prior 

business back. 

20. Plaintiff Moss was employed with Defendants from on or about February 4, 2019 up to and 

including her separation on October 25, 2019. 

21. At the time of her separation, Plaintiff Moss held the position of Associate Agent with duties 

that included managing sales, such as handling outbound and inbound calls to close deals and 

bring on new business. 

22. Plaintiffs regularly worked over forty (40) hours in a given work week. 

23. Defendants failed to pay Plaintiffs overtime in violation of federal law. 

24. Plaintiffs are non-exempt employees under the FLSA. 

25. Plaintiffs were not paid time and one half her hourly rate for hours worked over forty (40) in 

a work week. 

26. Defendants paid Broadhurst $38,000 per year but made deductions from her pay such that 

she is an hourly worked under the FLSA. 

27. Plaintiff Broadhurst estimates she is owed $14,798.70. Her estimate is based on working an 

average of 10 hours of overtime per week or more. Her rate of pay was $18.27 per hour, her 

overtime rate $27.40 x 10 hours per week = $274.05 x 54 weeks = $14,798.70. 

28. Defendants paid Moss $45,760.00 per year but made deductions from her pay such that she is 

an hourly worked under the FLSA. 

Case 9:20-cv-80701-DLB Document 4 Entered on FLSD Docket 05/07/2020 Page 3 of 9
Scott Wagner & Associates, P.A. 

Amended Complaint 

Page 4 of 9

29. Plaintiff Moss estimates she is owed $15,048. Her estimate is based on working an average 

of 12 hours of overtime per week or more. Her rate of pay was $22.00 per hour, her overtime 

rate $33.00 x 12 hours per week = $396 x 38 weeks = $15,048. 

30. Plaintiff Broadhurst and Moss both seek an additional amount in liquidated damages. 

COUNT I 

UNPAID OVERTIME 

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

(AS TO DEFENDANT GREGG BLANCHARD INSURANCE AGENCY, INC.) 

Plaintiff Broadhurst 

31. Plaintiff re-alleges Paragraphs 1 through 30 as set forth herein. 

32. 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. 

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

employed with the Defendants. 

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

overtime benefits by the Defendants. 

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

worked performed in excess of forty (40) hours. 

36. The Defendants’ 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. 

37. Defendants’ 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. 

38. As a direct and proximate result of the Defendants’ actions, Plaintiff has obtained counsel to 

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

Case 9:20-cv-80701-DLB Document 4 Entered on FLSD Docket 05/07/2020 Page 4 of 9
Scott Wagner & Associates, P.A. 

Amended Complaint 

Page 5 of 9

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. 

39. As a direct and proximate result of the Defendants’ actions, Plaintiff has suffered damages. 

40. As a result of Defendants’ 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 

Defendants 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. 

COUNT II 

UNPAID OVERTIME 

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

(AS TO DEFENDANT WILLIAM G. BLANCHARD) 

Plaintiff Broadhurst 

41. Plaintiff re-alleges Paragraphs 1 through 30 as set forth herein. 

42. 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. 

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

employed with the Defendants. 

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

overtime benefits by the Defendants. 

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

worked performed in excess of forty (40) hours. 

46. The Defendants’ failure to properly compensate Plaintiff is in violation of the Fair Labor 

Case 9:20-cv-80701-DLB Document 4 Entered on FLSD Docket 05/07/2020 Page 5 of 9
Scott Wagner & Associates, P.A. 

Amended Complaint 

Page 6 of 9

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. 

47. Defendants’ 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. 

48. As a direct and proximate result of the Defendants’ 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. 

49. As a direct and proximate result of the Defendants’ actions, Plaintiff has suffered damages. 

50. As a result of Defendants’ 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 

Defendants 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. 

COUNT III 

UNPAID OVERTIME 

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

(AS TO DEFENDANT GREGG BLANCHARD INSURANCE AGENCY, INC.) 

Plaintiff Moss 

51. Plaintiff re-alleges Paragraphs 1 through 30 as set forth herein. 

52. 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. 

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

Case 9:20-cv-80701-DLB Document 4 Entered on FLSD Docket 05/07/2020 Page 6 of 9
Scott Wagner & Associates, P.A. 

Amended Complaint 

Page 7 of 9

employed with the Defendants. 

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

overtime benefits by the Defendants. 

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

worked performed in excess of forty (40) hours. 

56. The Defendants’ 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. 

57. Defendants’ 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. 

58. As a direct and proximate result of the Defendants’ 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. 

59. As a direct and proximate result of the Defendants’ actions, Plaintiff has suffered damages. 

60. As a result of Defendants’ 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 

Defendants 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. 

Case 9:20-cv-80701-DLB Document 4 Entered on FLSD Docket 05/07/2020 Page 7 of 9
Scott Wagner & Associates, P.A. 

Amended Complaint 

Page 8 of 9

COUNT IV 

UNPAID OVERTIME 

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

(AS TO DEFENDANT WILLIAM G. BLANCHARD) 

Plaintiff Moss 

61. Plaintiff re-alleges Paragraphs 1 through 30 as set forth herein. 

62. 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. 

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

employed with the Defendants. 

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

overtime benefits by the Defendants. 

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

worked performed in excess of forty (40) hours. 

66. The Defendants’ 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. 

67. Defendants’ 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. 

68. As a direct and proximate result of the Defendants’ 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. 

69. As a direct and proximate result of the Defendants’ actions, Plaintiff has suffered damages. 

70. As a result of Defendants’ conduct, Plaintiff is entitled to unpaid wages for overtime, 

Case 9:20-cv-80701-DLB Document 4 Entered on FLSD Docket 05/07/2020 Page 8 of 9
Scott Wagner & Associates, P.A. 

Amended Complaint 

Page 9 of 9

liquidated damages and other penalties. 

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

Defendants 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 7th 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

Case 9:20-cv-80701-DLB Document 4 Entered on FLSD Docket 05/07/2020 Page 9 of 9