SHAWNNA CLEMENT, 

Plaintift 

v. 

UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF OHIO 

WESTERN DIVISION 

AT CINCINNATI 

* Case No. 

* 

EIN HISEL, doing business as 

HISEL CONSTRUCTION, 

* VERIFIED COMPLAINT 

FOR WAGE THEFf 

* 

Defendant. 

* 

* 

PRELIMINARY STATEMENT 

1. Plaintiff brings this cprriplaint ag~inst Defendant for recovery of unpaid 

wages. Specifica1ly, Plaintiff seeks back pay, liquidated damages, and reimbursement of her 

costs and attorneys' fees in prosecuting this action under the Fair Labor Standards Act 

CFLSA'') (29; U.S.C. § 201, et seq.); Ohio's Minimum Fair Wage Standards Act (Ohio Rev. 

Code Chapter 4111); and the Minimum Wage Amendment to Ohio's Constitution (Art II, 

Sec. 34a, Ohio Constitution). Further, Plaintiff seeks her unpaid wages and liquidated 

damages und:er Ohio Rev. Code.§ 4113.15. 

JURISDICTION & VENUE 

2. This Court has jurisdiction over the subject matter of this action pursuant to 

28 U.S.C. § 1331 and 29 U.S.C. § 216(b). Further, this Court has supplemental jurisdiction 

over the OhiQ law claims under 28 U.S.C. § 1367(a) because they are so related to the FLSA 

claim that .they form part of the same case or controversy under Article Ill of the United 

r~-~. - r ... -~:l .• A.: - •• 

1:17-cv-595

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3. • Venu~ is proper in this Court under 28 U.S.C. § 1391(b)(1) because 

Defendant m~intains its principal place of business in Warre.n County, Ohio. 

PARTIES & BACKGROUND 

4. . Plaintiff was employed by Defendant as an office manager and designer in 

2017. 

5. : Plaintiff was an "employee" of Defendant as that term is defined in 29 U.S.C. § 

203( e ); Ohio ·Rev: Code Chapter 4111; and Article 2, Section 34a of Ohio's Constitution. 

6. • Plaintiff, while employed by Defendant, was engaged in commerce because 

Defendant employed Plaintiff as part of his construction company that used equipment and 

tools made outside the State of Ohio to install materials made outside the State of Ohio . 

.. 

7. Defendant Ein Hisel was, at all times relevant, a natural person domiciled in 

Springboro, Warren County, Ohio and eng;tged in the construction industry as a sole 

proprietor under the unregistered fictitious name Hisel Construction. 

8. Defendant is an "employer" as that term is defined in 29 U.S.C. § 203(d); Ohio 

Rev. Code Chapter 4111: and Article 2, Section 34a of Ohio's Constitution. 

9. · Defendant, at all times relevant. ordered and used tools, equipment, and 

materials made and shipped from locations outside the State of Ohio; and accepted checks 

from customers as payment-all of which constitutes interstate commerce. 

10. : Defendant, with respect to Plaintiff, was required to comply with 29 U.S.C. § 

20i et seq.; Ohio Rev. Code Chapter 4111; and Article H, Section 34a of Ohio's Constitution. 

under both iridividual- and enterprise-coverage principles. 

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11. Defendant paid Plaintiff nothing at all-that is, $0.00 per hour-for 

approximately 65.53 hours of work, i.e., 56.78 hours worked as an office manager and 8.75 

hours worked as a designer, in 2017. 

12. · Plaintiff has demanded payment in full, yet Defendant has failed and refused 

to tender payment 

FIRST CLAIM FOR RELIEF· 

(Non-Payment of Minimum Wages under the FLSA) 

13. Plaintiff re·alleges and incorporates the above allegations. 

14. Under 29 U.S.C. § 206, Defendant was obligated to pay Plaintiff the minimum 

rate of wages for any work he suffered, permitted, or required Plaintiff to perform in 2017. 

15. Defendant willfully failed to comply with the requirements of 29 U.S.C. § 206 

by suffering or permitting Plaintiff to work for $0.00 per hour, which is less than the 

applicable federal miniinum wage rate of $7.25 per hour. 

16. Defendant knowingly and willfully failed to pay Plaintiff for all hours worked. 

17. · Defendant was aware Plaintiff worked these hours, but still refused to pay 

Plaintiff because, as stated by Defendant, Plaintiff did not give notice before she qujt 

Indeed, Plaintiff quit because Defendant was not paying her timely. 

18. Defendant does not qualify for an exemption from paying minimum wages to 

Plaintiff under 29 U.S.C. § 206; 29 U.S.C. § 213; or any other section oflaw. 

19. Because Defendant willfully has failed to pay Plaintiff at Least the minimum 

rate of wages for all hours she worked at $7.25 per hour worked, Plaintiff is entitled to 

collect $475.09 as and for liquidated damages, i.e.~ 65.53 hours multiplied by $7.25 per 

hour. 

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SECOND CLAIM FOR RELIEF 

(Non-Payment of Minimum Wages under Ohio Law) 

20. Plaintiff re-alleges and jncorporates the above allegations. 

21. Under Ohio Rev. Code Chapter 4111 and Article 2, Section 34a of Ohio's 

Constitution., Defendant was obligated to pay Plaintiff the minimum rate of wages for any 

work he suffered, permitted, or required Plaintiff to perform. 

22. Defendant failed to comply with the requirements of Ohio Rev. Code Chapter 

4111 and Article 2, Section 34a of Ohio's Constitution by suffering or permitting Plaintiff to 

work for $0.00 per hour in 2017, which is less than the applicable Ohio minimum wage rate 

of $8.15 per hour worked in 2017. 

23. Defendant knowingly and willfully failed to pay Plaintiff for all hours worked. 

24. Defendant was aware Plaintiff worked these hours, but still refused to pay 

Plaintiff because, as stated by Defendant, Plaintiff did not give notice before she quit 

Indeed, PJalntiff quit because Defendant was not paying her timely. 

25. Defendant does not qualify for an exemption from paying minimum wages to 

Plaintiff under Ohio Rev. Code Chapter 4111; Article 2, Section 34a of Ohio's Constitution; 

or any other section oflaw. 

26. Because Defendant failed to pay Plaintiff at least the minimum rate of wages 

for all hours worked in 2017 at $8,15 per hour worked, Plaintiff is entitled to collect 

$1,068.14 as and for Jiquidated damages. i.e., 65.S3 hours multiplied by $8.15 per hour 

multiplied by 2. 

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THIRD CLAIM FOR RELIEF 

(Ohio Rev. Code§ 4113.1~ Violations) 

27. Plaintiff re-alleges and incorporates the above allegations. 

28. For 56.78 hours of office manager work in 2017, Defendant failed to pay 

Plaintiff her agreed upon wages of $16.00 per hour, resulting in back wages in the amount 

of$908.48. 

29. For 8.75 hours of designer work in 2017, Defendant failed to pay Plaintiff her 

agreed upon wages of$25.00 per hour, resulting in back wages in the amount of $218.75. 

30. Defendant failed to pay Plaintiff her wages, as described above1 within the 

statutory time period under Ohio Rev. Code§ 4i13.15. 

31. To date, Defendant has failed to pay wages in the amount of $1,127.23 due 

and owing to Plaintiff, and there is no legitimate dispute that Plaintiff is owed these wages. 

32. Because Defendant failed to pay Plaintiff her wages within the time period 

specified under Ohio Rev. Code § 4113.15, Plaintiff seeks her back wages in the amount of 

approximately $1,127.23 plus liquidated damages in the amount of $200.00. 

DEMAND FOR JUDGMENT 

WHEREFORE, Plaintiff prays that the Court enter judgment as follows: 

, a. ordering Defendant to pay $1,127.23 as and for back wages and 

$1,743.23 as and for federal and state liquidated damages for each 

hour Plaintiff worked for which Defendant failed to pay Plaintiff 

properly; 

b. ordering Defendant to pay Plaintiffs attorneys' fees and costs; and 

c. awarding any other legal or equitable relief. 

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Respectfully submitted,, 

MANGANO LAW OFFICES Co., L.P.A. 

s/Ryan K, Hwiore 

Ryan K. Hymore (0080750) 

3805 Edwards Road, Suite 550 

Cincinnati, Ohio 45209 

T: (513) 255-5888 

F: (216) 397-5845 

rkhymore@bmanganolaw.com 

Counsel for Plaintiff 

DECLARATION OF VERIFICATION 

I, Shawnna Clement, do hereby declare under penalty oflaw that the following is true: 

1. · I am over the age of 21 and competent to make the statements herein. 

2. · I have reviewed each and every line in the foregoing complaint 

3. I am familiar with all factual allegations in the foregoing complaint. 

4. · I have personal knowledge of all factual allegations contained in the 

: foregoing complaint, which are true to best of my knowledge. 

Dare:~"1 '2-ol7 

' Shawnna Clement.' 

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