Scott Wagner & Associates, P.A. 

Complaint 

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IN THE UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

CASE NO. 

KIMBERLY BROADHURST, 

 Plaintiff, 

v. 

GREGG BLANCHARD INSURANCE AGENCY, INC., 

a Florida profit corporation, and 

WILLIAM G. BLANCHARD, individually, 

 Defendants. 

 / 

COMPLAINT 

 COMES NOW Plaintiff, KIMBERLY BROADHURST, by and through her undersigned 

attorney and hereby files this 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. 

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

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

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

County. 

7. Defendant BLANCHARD is a joint employer of Plaintiff as that term is defined under the 

FLSA. 

8. Defendant BLANCHARD was engaged in the operational control of Plaintiff and otherwise 

was involved in the payment of wages to the Plaintiff. 

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

to Plaintiff. 

10. 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.) 

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

12. Palm Beach County, Florida is proper venue for this action because Plaintiff was employed by 

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

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

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

$500,000.00 per annum. 

15. 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. 

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

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COMMON ALLEGATIONS 

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

and including her separation on October 30, 2019. 

18. 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. 

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

20. Defendants failed to pay Plaintiff overtime in violation of federal law. 

21. Plaintiff is non-exempt employees 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. Defendants paid Broadhurst $38,000 per year but made deductions from her pay such that 

she is an hourly worked under the FLSA. 

24. Plaintiff Broadhurst estimates she is owed $ . 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 

25. She seeks an additional amount in liquidated damages. 

COUNT I 

UNPAID OVERTIME 

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

26. Plaintiff re-alleges Paragraphs 1 through 25 as set forth herein. 

27. 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. 

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

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employed with the Defendants. 

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

overtime benefits by the Defendants. 

30. 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. 

31. The Defendants’ failure to properly compensate Plaintiffs 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. 

32. 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. 

33. 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. 

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

35. 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 their 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. 

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DEMAND FOR JURY TRIAL 

 Plaintiff demands a jury on all issues so triable. 

Dated this 27th day of April 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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