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UNITED STATES DISTRICT COURT 

WESTERN DISTRICT OF WASHINGTON 

STEVEN L. MALLORY, 

Plaintiff, 

v. 

DICK’S TOWING, INC. and 

 RICHARD PETERSON, 

Defendants. 

 

 

 

 No. 

 COMPLAINT FOR FLSA AND 

 MWA VIOLATIONS 

JURISDICTION 

1. The Court has jurisdiction pursuant to 28 U.S.C. §1331 and 29 U.S.C. §216(b) 

over plaintiff’s Fair Labor Standards Act, 29 U.S.C. §§ 201-219 (“FLSA”) claims. The 

Court has supplemental jurisdiction pursuant to 28 U.S.C. §1367 over plaintiff’s state law 

claims which are based on the Minimum Wage Act, RCW chapter 49.46 (“MWA”) and the 

Wages-Deductions-Contribution-Rebates Act, RCW chapter 49.52, and regulations issued 

thereunder. 

LAW OFF ICE OF

DAVID N. MARK

CENTRAL BUILDING, SUITE 500 

810 THIRD AVENUE

SEATTLE, WA 98104 

(206) 340-1840 FAX (206) 340-1846

Case 2:05-cv-00804-RSL Document 1 Filed 04/28/05 Page 1 of 4
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PARTIES 

2. Plaintiff Steven Mallory was employed as a tow truck operator by defendant 

Dick’s Towing, Inc. (hereinafter “Dick’s”) from April 2001 until December 2004. 

3. Defendant Dick’s is a Washington Corporation with its principal business 

location in Everett, Snohomish County, Washington. Its principal business involves 

operating tow trucks. Defendant Dick’s is an employer within the meaning of RCW chapter 

49.46.010 and 29 U.S.C.§ 203(d). 

4. Defendant Richard Peterson is the principal owner and operating officer of 

Dick’s. 

FACTS 

5. Plaintiff typically worked 45 hours per week during his employment with 

Dick’s. 

6. Plaintiff received a salary for his hours worked. He received weekly 

payments of pre-determined amounts. On occasions when he worked beyond scheduled 

hours he was sometimes paid a percentage of the bills as payment for this extra work.

7. Plaintiff was never paid an overtime premium for hours worked in excess of 

forty per week. 

 8. At all relevant times defendant Richard Peterson acted directly and indirectly 

in the interest of Dick’s in relation to its employees, including exercising supervision and 

control over the operations of defendant Dick’s and the practices complained of herein. 

Richard Peterson is one of plaintiff’s “employers” for purposes of plaintiff’s federal and state 

law claims alleged infra.

LAW OFF ICE OF

DAVID N. MARK

CENTRAL BUILDING, SUITE 500 

810 THIRD AVENUE

SEATTLE, WA 98104 

(206) 340-1840 FAX (206) 340-1846

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9. Defendants failed to keep accurate records of plaintiff’s hours worked. 

FIRST CLAIM – FAIR LABOR STANDARDS ACT VIOLATIONS 

10. Plaintiff repeats and realleges the allegations previously set forth herein. 

11. Plaintiff was regularly engaged in commerce within the meaning of Sections 3 

and 7 of the Fair Labor Standards Act, 29 U.S.C. §§ 203 & 207, during his employment with 

defendants. Plaintiff regularly operated a tow truck on federal Interstate 5 and on the roads 

leading to and from the interstate. He regularly removed vehicles from Interstate 5 and the 

highways leading to and from the interstate. He regularly towed vehicles over Interstate 5 

and the highways leading to and from the interstate. 

12. On information and belief, defendant Dick’s is an enterprise engaged in 

commerce, within the meaning of Sections 3 and 7 of the Fair Labor Standards Act, 29 

U.S.C. §§ 203 & 207. 

13. Defendants failed to pay plaintiff overtime pay for work in excess of forty 

hours per week in violation of Section 7 of the Fair Labor Standards Act, 29 U.S.C. § 207. 

SECOND CLAIM – STATE WAGE AND HOUR VIOLATIONS

 14. Plaintiff repeats and realleges the allegations previously set forth herein. 

 15. Plaintiff was defendants’ employee within the meaning of RCW chapters 

49.46, 49.48 and 49.52. 

16. Defendants violated RCW 49.46.130 by failing to pay overtime premium pay 

to plaintiff for work in excess of forty hours per week. 

17. Defendants violated RCW chapter 49.46 by failure to keep and maintain 

accurate records of plaintiff’s hours worked. 

LAW OFF ICE OF

DAVID N. MARK

CENTRAL BUILDING, SUITE 500 

810 THIRD AVENUE

SEATTLE, WA 98104 

(206) 340-1840 FAX (206) 340-1846

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18. Defendants’ violations of RCW chapter 49.46 were willful and made with the 

intent to deprive plaintiff of wages and thus gives rise to exemplary damages under RCW 

49.52.050, entitling plaintiff to double exemplary damages pursuant to RCW 49.52.070. 

PRAYER FOR RELIEF

Plaintiff prays for relief as follows: 

1. For his first claim, plaintiff seeks relief in the form of backpay damages for 

violations, plus liquidated damages, prejudgment interest, costs and attorney 

fees pursuant to 29 U.S.C. § 216; 

2. For his second claim, plaintiff seeks relief in the form of overtime premium 

pay, minimum wage damage, plus exemplary damages pursuant to RCW

49.52.050(2) and RCW 49.52.070, interest, costs, and attorney fees pursuant 

to RCW 49.46.090, RCW 49.48.030 and RCW 49.52.070. 

3. For both claims, plaintiff seeks such other and further relief as the court deem

just and equitable. 

DATED this 28th day of April, 2005. 

/s/ David N. Mark 

David N. Mark, WSBA #13908 

Law Office of David N. Mark 

810 Third Avenue, Suite 500 

Seattle, Washington 98104 

Telephone: (206) 340-1840 

Fax: (206) 340-1846 

E-mail: david@marklawoffice.com 

/s/ Elizabeth Flavin

Elizabeth Flavin, WSBA 19400 

Law Office of Elizabeth Flavin 

106 Pioneer Building 600 1st Ave. 

Seattle, Washington 98104 

O: (206) 381-9095 F: (206) 622-9190 

E-mail: Elizabeth@flavinlaw.com

Attorneys for Plaintiffs

LAW OFF ICE OF

DAVID N. MARK

CENTRAL BUILDING, SUITE 500 

810 THIRD AVENUE

SEATTLE, WA 98104 

(206) 340-1840 FAX (206) 340-1846

hd280107 4/28/05 

Case 2:05-cv-00804-RSL Document 1 Filed 04/28/05 Page 4 of 4