UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF FLORIDA 

CASE NO. I :20-cv-55-MW-GRJ 

RODNEY THOMPSON, 

Plaintiff, 

V. 

CENTRAL FLORIDA CONTRACTORS SERVICES, INC., 

a Florida for-profit corporation; PATTI JOHNS, an 

individual, and BOBBY JOE POWELL, JR., 

an individual, 

Defendants. 

I - - ------------------

COMPLAINT FOR DAMAGES 

JURY TRIAL DEMANDED 

Plaintiff, RODNEY THOMPSON, ("THOMPSON"), by and through his undersigned 

attorney, files this, his Complaint for Damages against Defendants CENTRAL FLORIDA 

CONTRACTORS SERVICES, INC., a Florida for-profit corporation, (hereinafter "CFCS"), 

PATTI JOHNS ("JOHNS"), and BOBBY JOE POWELL, JR., an individual, (hereinafter, 

"POWELL") and states as follows: 

INTRODUCTION 

1. This is an action to recover unpaid overtime wage compensation under the Fair 

Labor Standards Act, as amended, 29 U .S.C. § 201 et. seq, (hereinafter "FLSA"). 

JURISDICTION 

2. This Court has jurisdiction over this controversy pursuant to 29 U.S.C. §2 l 6(b) and 

28 U.S.C. §§1331 and 1367. 

3. At all times pertinent to this Complaint, CFCS, was an enterprise engaged m 

interstate commerce. 

FILED USDC FLND GV ,/ \/\/\ 

MAR 5 '20 AMlo:so N ' I 

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4. At all times pertinent to this Complaint, the Defendants, CFCS operated a business 

engaged in commerce or in the production of goods for commerce as defined in §3(r) and 3(s) of 

the FLSA, 29 U.S.C. §203(r) and 203(s). 

5. During the time period described m this Complaint, CFCS operated a concrete 

pumping business. 

6. Plaintiffs work involved handling on a regular and recurrent basis "goods" or 

"materials," as defined by the FLSA, which were used commercially in Defendants' business, 

and moved in interstate commerce. 

7. Specifically, as part of Plaintiffs job duties, the Plaintiff handled tools, concrete 

pumps, concrete, and other construction-related materials that were manufactured outside the 

State of Florida. 

8. During the statute of limitations period for which the Plaintiff seeks overtime wages 

herein, Defendants employed five or more persons who were "engaged in commerce or in the 

production of goods for commerce," or "had employees handling, selling or otherwise working 

on goods or materials that have been moved in or produced for commerce by any person," as 

defined in 29 U.S.C. §203(s)(l)(A)(i). Those other employees also handled tools, concrete 

pumps, concrete, and other construction-related materials that were manufactured outside the 

State of Florida. 

9. During the statute of limitations period for which the Plaintiff seeks overtime wages 

herein, CFCS had an annual gross volume of sales made or business done of not less than 

$500,000.00. 

10. The Defendants are subject to the jurisdiction of this Court because they engage in 

substantial and not isolated activity within the Northern District of Florida. 

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11. The Defendants are also subject to the jurisdiction of this Court because they 

operate, conduct, engage in, and/or carry on business in the Northern District of Florida. 

VENUE 

12. The venue of this Court over this controversy is based upon the following: 

a. The unlawful employment practices alleged below occurred and/or were 

committed in the Northern District of Florida; and, 

b. Defendants are and continue to be a corporation and an individual doing 

business within this judicial district. 

PARTIES 

13. During the applicable statute of limitations period, Plaintiff, THOMPSON, was and 

continues to be a resident of Alachua County, Florida, and was an "employee" of CFCS within the 

meaning of the FLSA. 

14. During the applicable statute of limitations period, CFCS was conducting business in 

Alachua County, Florida-the location where Plaintiff performed services for the Defendants. 

15. Upon information and belief, Defendants POWELL and JOHNS were residents of 

Alachua County, Florida. 

16. During the applicable statute of limitations period, Plaintiff, THOMPSON, was an 

"employee" of the CFCS within the meaning of the FLSA. 

17. During the applicable statute of limitations period, CFCS was an employer of 

Plaintiff. 

STATMENT OF FACTS 

18. From about 2002 to about February 18, 2020, Plaintiff, THOMPSON was employed 

as a pump truck operator for CFCS. 

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19. During the applicable statute of limitations period, THOMPSON was paid an hourly 

wage of $24.00 per hour. 

20. During the applicable statute of limitations period, Defendant, PATTI JOHNS was 

the office manager for CFCS. 

21. During the applicable statute of limitations period, PATTI JOHNS handled the 

payroll for CFCS. 

22. During the applicable statute of limitations period, PATTI JOHNS supervised the 

work of the Plaintiff. 

23. During the applicable statute of limitations period, PATTI JOHNS supervised the 

work schedule of the Plaintiff. 

24. During the applicable statute of limitations period, PATTI JOHNS would tell the 

Plaintiff and other pump truck operators which concrete pumping jobs to go on. 

25. During the applicable statute of limitations period, POWELL was the highest 

ranking official at CFCS overseeing the work done by CFCS's pump truck operators . 

.. 26. During the applicable statute of limitations period, POWELL would communicate 

with CFCS' pump truck operators through CFCS' managers. 

27. During the applicable statute of limitations period, JOHNS was the second-highest 

ranking official at CFCS, and oversaw the work done by CFCS's pump truck operators. 

28. During the applicable statute of limitations period, POWELL oversaw and 

supervised the work done by PATTI JOHNS. 

29. During the applicable statute of limitations period, POWELL oversaw the payroll 

administered by PATTI JOHNS. 

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30. During the applicable statute of limitations period, PATTI JOHNS was involved in 

reviewing Plaintiffs time sheets which showed the work Plaintiff performed on his work shifts. 

31. CFCS and POWELL created a policy for CFCS' pump truck operators whereby for 

work shifts greater than eight hours, CFCS would deduct 30 minutes for meal breaks. 

32. During the applicable statute of limitations period, CFCS would make deductions in 

30-minute increments from the total time worked by Plaintiff on shifts greater than 8 hours. 

33. During the applicable statute of limitations period, CFCS would make deductions in 

30-minute increments from the total time worked by Plaintiff on each shift, for meal breaks that 

Plaintiff had not necessarily taken. 

34. During the applicable statute of limitations period, in certain workweeks, regardless 

of whether or not a pump operator (including Plaintiff) took a meal break on a shift in excess of 

8 hours, CFCS still would deduct for a 30-minute meal break. 

35. During the applicable statute of limitations period, when doing the payroll for CFCS, 

PATTI JOHNS caused the Plaintiff to be paid less hours than he actually worked in certain 

workweeks. 

36. During the applicable statute of limitations period, the Defendants were aware that in 

certain workweeks, it was rare for its pump truck operator, including Plaintiff, s to indicate on 

their time sheets that they had, in fact, taken 30-minute meal breaks on shifts in excess of 8 

hours. 

37. During the applicable statute of limitations period, POWELL was aware that some 

pump truck operators were being paid for less overtime hours than they actually worked in 

certain workweeks. 

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38. During the applicable statute of limitations period, POWELL was aware that 

Plaintiff was being paid for less overtime hours than he actually worked in certain workweeks. 

39. During the applicable statute of limitations period, CFCS was aware that Plaintiff 

was paid less overtime hours than he actually worked in certain workweeks. 

40. During the applicable statute of limitations period, in certain workweeks, regardless 

of whether or not a pump operator (including Plaintiff) took a meal break on a shift in excess of 

8 hours, PATTI JOHNS would subtract a 30-minute meal break from total time worked on work 

shifts. 

41. During the applicable statute of limitations period, in certain workweeks, regardless 

of whether or not a pump operator (including Plaintiff) took a meal break on a shift in excess of 

8 hours, POWELL would permit CFCS and JOHNS to deduct for a 30-minute meal break. 

42. The respective Defendants did not verify that the Plaintiff had taken meal breaks on 

each and every shift in excess of 8 hours per shift, prior to making each 30-minute deduction. 

43. During the applicable statute of limitations period, in certain workweeks, Plaintiff 

did not indicate on his time sheets that he took a meal break. 

44. During numerous shifts in numerous workweeks of Plaintiff's employment, Plaintiff 

did not take 30-minute uninterrupted meal breaks. 

45. During the applicable statute of limitations period, CFCS was an "employer" within 

the meaning of the FLSA. 

46. During the applicable statute of limitations period, due to the duties performed by 

JOHNS, JOHNS was an "employer" within the meaning of the FLSA. 

47. During the applicable statute of limitations period, due to the duties performed by 

POWELL, POWELL was an "employer" within the meaning of the FLSA. 

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48. During the employment of Plaintiff, CFCS would permit alterations to the time 

sheets submitted by Plaintiff to reflect less than the total hours actually worked on a shift. 

49. During the employment of Plaintiff, JOHNS would make notations and/or alterations 

to the time sheets submitted by Plaintiff to reflect less than the total hours actually worked on a 

shift. 

50. During the employment of Plaintiff, POWELL would permit changes to the time 

sheets submitted by Plaintiff to reflect less than the total hours actually worked on a shift. 

51. As a result of the deductions made for meal breaks, the Plaintiff was not paid for all 

overtime hours and minutes worked during his employment. 

52. During period of Plaintiffs employment with CFCS, Plaintiff complained to CFCS 

through its management, about CFCS' policy of automatically deducting for meal breaks on 

shifts over 8 hours. 

53. At all times material hereto, CFCS willfully failed to pay Plaintiff, THOMPSON his 

lawfully earned wages in conformance with the FLSA. 

54. At all times material hereto, POWELL willfully failed to pay Plaintiff, THOMPSON 

his lawfully earned wages in conformance with the FLSA. 

55. At all times material hereto, JOHNS willfully failed to pay Plaintiff, THOMPSON his 

lawfully earned wages in conformance with the FLSA. 

56. At all times within the applicable statute of limitations period, CFCS was an 

"enterprise engaged in commerce" within the meaning of the FLSA. 

57. At all times within the applicable statute of limitations period, CFCS had annual 

gross receipts in excess of $500,000. 

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58. At all times material hereto, the work performed by Plaintiff, THOMPSON was 

directly essential to the business performed by the Defendants. 

59. Plaintiff, THOMPSON has fulfilled all conditions precedent to the institution of this 

action and/or such conditions have been waived. 

60. Plaintiff has retained Bober & Bober, P.A. to represent him in this litigation and have 

agreed to pay the firm a reasonable fee for its services. 

STATEMENT OF CLAIM: 

COUNT! 

AGAINST CENTRAL FLORIDA CONTRACTORS SERVICES, INC. 

VIOLATION OF 29 U.S.C. § 207 (UNPAID OVERTIME) 

61. Plaintiff realleges Paragraphs 1 through 60 as if fully stated herein. 

62. During Plaintiffs employment with CFCS, Plaintiff worked hours in excess of forty 

( 40) per week for which he was not compensated at the statutory rate ohime and one-half. 

63. Plaintiff was entitled to be paid at the rate of time and one-half for his hours worked in 

excess of the maximum hours provided for in the FLSA. 

64. CFCS failed to pay Plaintiff ove1time compensation in the lawful amount for hours 

worked by Plaintiff in excess of the maximum hours provided for in the FLSA. Plaintiff was 

entitled to be paid at the rate of time and one-half for all his hours worked in excess of the 

maximum hours provided for in the FLSA. 

65. Records, if any, concerning the number of hours worked by Plaintiff and the actual 

compensation paid to Plaintiff are in the possession and custody of CFCS. Plaintiff intends to 

obtain these records by appropriate discovery proceedings to be taken promptly in this case and, if 

necessary he will then seek leave of Court to amend his Complaint for Damages to set forth the 

precise amount due his. 

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66. CFCS knew of and/or showed a disregard for the provisions of the FLSA as evidenced 

by its failure to compensate Plaintiff at the statutory rate of time and one-half for the hours worked 

in excess of forty ( 40) hours per week when it knew or should have known such was due. 

67. CFCS failed to properly disclose or apprise Plaintiff of his rights under the FLSA. 

68. As a direct and proximate result of CFCS' willful disregard of the FLSA, Plaintiff is 

entitled to liquidated damages pursuant to the FLSA. 

69. Due to the intentional and unlawful acts of CFCS, Plaintiff has suffered damages in the 

amount not presently ascertainable of unpaid overtime wages, plus an equal amount as liquidated 

damages. 

70. Plaintiff is entitled to an award of his reasonable attorney's fees and costs pursuant to 

29 U.S.C. § 216(6). 

CFCS: 

WHEREFORE, Plaintiff respectfully requests that judgment be entered in his favor against 

a. Declaring that CFCS violated the maximum hour provisions of 29 U.S.C. § 207; 

b. Awarding Plaintiff overtime compensation in the amount calculated; 

c. Awarding Plaintiff liquidated damages in the amount calculated; 

d. Awarding Plaintiff reasonable attorney's fees and costs and expenses of this 

litigation pursuant to 29 U.S.C. § 216(6); 

e. Awarding Plaintiff post-judgment interest; and 

f. Ordering any other and further relief this Court deems to be just and proper. 

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COUNT II 

AGAINST PATTI JOHNS 

VIOLATION OF 29 U.S.C. § 207 (UNPAID OVERTIME) 

71. Plaintiff realleges Paragraphs I through 61 as if fully stated herein. 

72. During Plaintiffs employment with JOHNS, Plaintiff worked hours in excess of forty 

(40) per week for which he was not compensated at the statutory rate of time and one-half. 

73. Plaintiff was entitled to be paid at the rate of time and one-half for his hours worked in 

excess of the maximum hours provided for in the FLSA. 

74. JOHNS failed to pay Plaintiff overtime compensation in the lawful amount for hours 

worked by Plaintiff in excess of the maximum hours provided for in the FLSA. Plaintiff was 

entitled to be paid at the rate of time and one-half for all his hours worked in excess of the 

maximum hours provided for in the FLSA. 

75. JOHNS knew of and/or showed a disregard for the provisions of the FLSA as 

evidenced by her failure to compensate Plaintiff at the statutory rate of time and one-half for the 

hours worked in excess of forty ( 40) hours per week when she knew or should have known such 

was due. 

76. JOHNS failed to properly disclose or apprise Plaintiff of his rights under the FLSA. 

77. As a direct and proximate result of JOHNS' willful disregard of the FLSA, Plaintiff is 

entitled to liquidated damages pursuant to the FLSA. 

78. Due to the intentional and unlawful acts of JOHNS, Plaintiff has suffered damages in 

the amount not presently ascertainable of unpaid overtime wages, plus an equal amount as 

liquidated damages. 

79. Plaintiff is entitled to an award of his reasonable attorney's fees and costs pursuant to 

29 U.S.C. § 216(b). 

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WHEREFORE, Plaintiff respectfully requests that judgment be entered in his favor against 

CFCS: 

a. Declaring that JOHNS violated the maximum hour provisions of 29 U.S.C. § 207; 

b. Awarding Plaintiff overtime compensation in the amount calculated; 

c. Awarding Plaintiff liquidated damages in the amount calculated; 

d. Awarding Plaintiff reasonable attorney's fees and costs and expenses of this 

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

e. Awarding Plaintiff post-judgment interest; and 

g. Ordering any other and further relief this Court deems to be just and proper. 

COUNTIII 

AGAINST BOBBY JOE POWELL, JR. 

VIOLATION OF 29 U.S.C. § 207 (UNPAID OVERTIME) 

80. Plaintiff realleges Paragraphs 1 through 60 as if fully stated herein. 

81. During Plaintiff's employment with POWELL, Plaintiff worked hours in excess of 

forty (40) per week for which he was not compensated at the statutory rate of time and one-half. 

82. Plaintiff was entitled to be paid at the rate of time and one-half for his hours worked in 

excess of the maximum hours provided for in the FLSA. 

83. POWELL failed to pay Plaintiff overtime compensation in the lawful amount for hours 

worked by Plaintiff in excess of the maximum hours provided for in the FLSA. Plaintiff was 

entitled to be paid at the rate of time and one-half for all his hours worked in excess of the 

maximum hours provided for in the FLSA. 

84. POWELL knew of and/or showed a disregard for the provisions of the FLSA as 

evidenced by his failure to compensate Plaintiff at the statutory rate of time and one-half for the 

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hours worked in excess of forty ( 40) hours per week when he knew or should have known such 

was due. 

85. POWELL failed to properly disclose or apprise Plaintiff of his rights under the FLSA. 

86. As a direct and proximate result of POWELL's willful disregard of the FLSA, Plaintiff 

is entitled to liquidated damages pursuant to the FLSA. 

87. Due to the intentional and unlawful acts of POWELL, Plaintiff has suffered damages in 

the amount not presently ascertainable of unpaid overtime wages, plus an equal amount as 

liquidated damages. 

88. Plaintiff is entitled to an award of his reasonable attorney's fees and costs pursuant to 

29 U.S.C. § 216(b). 

CFCS: 

WHEREFORE, Plaintiff respectfully requests that judgment be entered in his favor against 

a. Declaring that POWELL violated the maximum hour provisions of 29 U.S.C. § 

207; 

b. Awarding Plaintiff overtime compensation in the amount calculated; 

c. Awarding Plaintiff liquidated damages in the amount calculated; 

d. Awarding Plaintiff reasonable attorney's fees and costs and expenses of this 

litigation pursuant to 29 U.S.C. § 216(6); 

e. Awarding Plaintiff post-judgment interest; and 

h. Ordering any other and further relief this Court deems to be just and proper. 

JURY DEMAND 

Plaintiff demands trial by jury on all issues so triable as of right by jury. 

Dated: March 3, 2020. 

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Respectfully submitted, 

BOBER & BOBER, P.A. 

Attorneys for Plaintiff 

2699 Stirling Road, Suite A-304 

Hollywood, Florida 33312 

Telephone: (954) 922-2298 

Facsimile: (954) 922-5455 

peter@boberlaw.com 

samara@boberlaw.com 

By: s/. Peter Bober 

PETER J. BOBER 

FBN: 0122955 

SAMARA ROBBINS BOBER 

FBN: 0156248 

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