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IN THE UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

Doniele Smith,

784 S. Broadleigh Rd., Apt. G 

Columbus, Ohio 43209

On behalf of herself and other 

members of the general public 

similarly situated,

Plaintiff,

v.

Hillstone Healthcare Inc.

c/o Matthew Dapore

979 Brule Ct.

Westerville, Ohio 43081

-andCornerstone Innovations, Inc.

c/o Steven Oddo

3745 Medina Road

Medina, Ohio 44256

Defendants.

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Case No. 2:17-cv-1075

Judge

Magistrate Judge 

JURY DEMAND ENDORSED HEREON

PLAINTIFF’S COLLECTIVE AND CLASS ACTION COMPLAINT FOR VIOLATIONS 

OF THE FAIR LABOR STANDARDS ACT AND OHIO LAW

Now comes Doniele Smith (“Plaintiff,” “Named Plaintiff,” or “Plaintiff Smith”), through 

undersigned counsel, individually and on behalf of other members of the general public similarly 

situated, for her complaint against Hillstone Healthcare Inc. (“Defendant Hillstone” or “Hillstone”)

and Cornerstone Innovations, Inc. (“Defendant Cornerstone” or “Cornerstone”) for their joint

failure to pay employees overtime wages seeking all available relief under the Fair Labor Standards 

Act of 1938 (“FLSA”), 29 U.S.C. §§ 201, et seq., the Ohio Minimum Fair Wage Standards Act, 

O.R.C. 4111.03, and 4111.08 (“the Ohio Wage Act”); and the Ohio Prompt Pay Act (“OPPA”), 
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Ohio Rev. Code § 4113.15 (the Ohio Wage Act and the OPPA will be referred to collectively as 

“the Ohio Acts”). Plaintiff’s FLSA claims are asserted as a collective action pursuant to 29 U.S.C. 

§ 216(b), while the Ohio Acts claims are asserted as a class action pursuant to Rule 23. The 

following allegations are based on personal knowledge as to the Named Plaintiff’s own conduct

and are made on information and belief as to the acts of others. Named Plaintiff, individually and 

on behalf of others similarly situated, hereby states as follows:

I. JURISDICTION AND VENUE

1. This action is brought pursuant to the FLSA, the Ohio Wage Act, the OPPA, and 

28 U.S.C. §1331.

2. This Court’s jurisdiction in this matter is also predicated upon 28 U.S.C. § 1367, as 

this Complaint raises additional claims pursuant to the laws of Ohio, over which this Court 

maintains supplemental subject matter jurisdiction because they form a part of the same case or 

controversy.

3. Venue is proper in this forum pursuant to 28 U.S.C. §1391, because Defendants

jointly employed Named Plaintiff and others similarly situated in the Southern District of Ohio, a 

substantial part of the events or omission giving rise to the claim occurred in the Southern District 

of Ohio, and Defendants have done substantial business in the Southern District of Ohio.

II. THE PARTIES

4. Named Plaintiff Doniele Smith is an individual, United States citizen, and resident 

of the State of Ohio living in the Southern District of Ohio.

5. At all times relevant herein, Plaintiff was jointly employed by Defendants as a

licensed State-Tested Nurse Aide (“STNA”) from approximately May 2017 through August 2017. 
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6. Plaintiff began working as an STNA at the Isabelle Ridgway Care Center (hereafter 

“Isabelle Ridgway”) located at 1520 Hawthorne Ave., Columbus, Ohio 43203 in approximately 

November of 2015. 

7. Defendants Hillstone and Cornerstone jointly purchased and began jointly 

operating Isabelle Ridgway in or around May of 2017. 

8. As an STNA, Plaintiff was an hourly, non-exempt employee of Defendants as 

defined in the FLSA and the Ohio Acts.

9. During her employment with Defendants, Named Plaintiff was not fully and 

properly paid for all of her compensable hours worked because Defendants did not properly 

calculate her regular rate of pay, resulting in unpaid overtime wages. 

10. Named Plaintiff brings this action on behalf of herself and those similarly situated, 

and has given her written consent to bring this action to collect unpaid overtime compensation 

under the FLSA. Plaintiff Smith’s consent is being filed along with the Complaint pursuant to 29 

U.S.C. §216(b). (Consent to be Party Plaintiff, attached hereto as Exhibit A).

11. Defendant Hillstone Healthcare Inc. (“Defendant Hillstone” or “Hillstone”) is a 

domestic for-profit corporation doing business as Isabelle Ridgway at 1520 Hawthorne Ave., 

Columbus, Ohio 43203. Defendant Hillstone’s principal place of business is located at 544 

Enterprise Dr., Ste. G, Lewis Center, Ohio, 43035. 

12. According to its website1, Defendant Hillstone provides long-term care, hospice 

services, memory care, rehabilitation, therapy, and related healthcare services throughout the State 

of Ohio at various care centers, including Isabelle Ridgeway. 

 

1 See http://www.hillstonehc.com/services.html and http://www.hillstonehc.com/locations.html, last visited 

November 8, 2017. 
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13. Defendant Cornerstone Innovations, Inc. (“Defendant Cornerstone” or 

“Cornerstone”) dba Diversified Employee Solutions is a domestic for-profit corporation with its 

corporate headquarters located at 3745 Medina Rd., Medina, Ohio 44256. 

14. During relevant times, Defendants jointly maintained control, oversight, and 

direction over Named Plaintiff and other similarly situated employees, including the promulgation 

and enforcement of policies affecting the payment of wages, including overtime compensation.

15. During relevant times, Defendants have mutually benefitted from the work 

performed by Named Plaintiff and those similarly situated.

16. During relevant times, Defendants did not act independently of each other and have 

not been completely disassociated with respect to the work of Plaintiff and other similarly situated 

employees.

17. During relevant times, Defendants shared the services of Plaintiff and other

similarly situated employees.

18. During relevant times, Defendants acted directly or indirectly in the interest of each 

other in relation to Named Plaintiff and those similarly situated.

19. During relevant times, Defendants are and have been jointly involved in the 

operational decisions of each other.

20. During relevant times, Defendants have been jointly involved in the employment 

decisions of each other, including, but not limited to decisions about their wage and hour policies 

and practices that affect Plaintiff and all other similarly situated employees.

21. Upon information and belief, Defendants jointly operate and control an enterprise 

and employ employees engaged in commerce or in the production of goods for commerce, or have

had employees handling, selling, or otherwise working on goods or materials that have been moved 
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in or produced for commerce by any person; and Defendants have had an annual gross volume of 

sales made or business done of not less than $500,000 per year (exclusive of excise taxes at the 

retail level).

22. Upon information and belief, Defendants, at all times relevant hereto, were fully 

aware of the fact that they were legally required to comply with the wage and overtime laws of the 

United States and of the State of Ohio.

III. STATEMENT OF FACTS

23. At all times relevant herein, Plaintiff was jointly employed by Defendants as an

STNA from approximately May 2017 when Defendants jointly purchased and/or began jointly 

operating Isabelle Ridgway through August 2017.

24. As an STNA, Plaintiff was an hourly, non-exempt employee of Defendants as 

defined in the FLSA and the Ohio Acts.

25. During her employment with Defendants, Named Plaintiff was not fully and 

properly paid for all of her compensable hours worked because Defendants did not properly 

calculate her regular rate of pay for the purposes of lawfully paying her for her overtime hours 

worked, resulting in unpaid overtime wages.

26. Plaintiff and other similarly situated employees worked in excess of 40 hours in a 

workweek.

27. Plaintiff and other similarly situated employees were compensated on an hourly, 

not a salary or fee basis.

28. Plaintiff and other similarly situated employees received compensation at an hourly 

rate for all hours worked, plus additional remuneration for work performed during specific shift(s) 

and/or day(s).
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29. Plaintiff and other similarly situated employees routinely earned additional 

remuneration to their hourly compensation.

30. The FLSA and Ohio Wage Act required Defendants to pay overtime compensation 

to their employees at the rate of one and one-half times their regular rate for the hours they worked 

in excess of forty. 29 U.S.C. § 207; O.R.C. §§ 4111.03, 4111.10.

31. Defendants did not pay overtime compensation to Plaintiff and/or similarly situated 

employees at the time-and-a-half regular rate required. The FLSA and Ohio Wage Act required 

Defendants to pay overtime compensation to their hourly employees at one and one-half times

their “regular rate” of pay, and to include in the calculation of their regular rates “all remunerations 

for employment paid to, or on behalf of, the employee,” including commissions. 29 U.S.C. § 

207(e)(3); 29 C.F.R. 778.117; O.R.C. § 4111.03(A) (incorporating FLSA standards).

32. Defendants unlawfully excluded the additional remuneration that was paid to 

Plaintiff and other members of the FLSA Collective and the Ohio Class in determining their 

“regular rates” for purposes of overtime compensation during weeks wherein they worked more 

than forty (40) hours. Defendants thereby miscalculated their regular rates and underpaid their 

overtime compensation.

33. Defendants are each jointly an “employer” of Plaintiff and others similarly situated

as that term is defined by the FLSA and the Ohio Wage Act.

34. Upon information and belief, Defendants, at all times relevant hereto, were fully 

aware of the fact that they were legally required to comply with the wage and overtime payment 

laws of the United States and of the State of Ohio. 

35. During relevant times, Defendants had knowledge of and acted willfully regarding 

their joint conduct described herein.
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36. Defendants are in possession and control of necessary documents and information 

from which Plaintiff would be able to precisely calculate damages.

37. Plaintiff neither primarily performed managerial duties nor supervised two or more 

employees. Plaintiff could not hire, fire, or discipline employees.

38. Plaintiff’s primary job duties did not consist of the exercise of discretion and 

independent judgment with respect to matters of significance.

39. At all times, Plaintiff was employed as a non-exempt hourly employee entitled to 

overtime wages for all hours worked in excess of forty (40) in any workweek. 

40. During the relevant time period, Defendants applied the same pay practices and 

policies to all hourly, non-exempt employees, including Plaintiff.

41. Named Plaintiff and other similarly situated employees have not been fully and 

lawfully compensated for all of their compensable hours worked due to the aforementioned 

policies and practices of not paying employees the correct overtime rate for all hours worked over 

40 in a workweek. 

42. Defendants knew or should have been aware that Plaintiff and other similarly 

situated employees worked in excess of forty (40) hours in a workweek and were entitled to be 

paid an overtime rate based on the correct regular rate of pay, but they willfully elected not to fully 

compensate their employees during all times relevant.

43. Defendants’ joint failure to fully and properly pay Plaintiff and other similarly 

situated employees resulted in unpaid overtime wages.

IV.COLLECTIVE ACTION ALLEGATIONS

A. 216(b) Collective Action for Unpaid Overtime Wages.
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44. Named Plaintiff brings her FLSA claims pursuant to 29 U.S.C. § 216(b) as a 

representative action on behalf of herself and all other similarly situated employees of the opt-in 

class, consisting of:

All current and former hourly, non-exempt employees of 

Defendants who received remuneration payments in addition to their 

normal hourly rate of pay during any workweek that they worked 

over 40 hours in any workweek beginning three years preceding the 

filing date of this Complaint and continuing through the date of final 

disposition of this case (the “§216(b) Class” or the “§216(b) Class 

Members”).

45. This FLSA claim is brought as an "opt-in" collective action pursuant to 29 U.S.C. 

§216(b) as to claims for overtime compensation withheld in violation of the FLSA, liquidated 

damages, and attorneys' fees. In addition to the Named Plaintiff, numerous putative 216(b) Class 

Members have been denied proper overtime compensation due to Defendants’ company-wide 

payroll policy and practice of not fully and properly compensating their employees at the proper 

overtime rate during workweeks when they received remuneration payments in addition to their 

normal hourly rate of pay. The Named Plaintiff is representative of those other similarly situated 

employees and is acting on behalf of their interests as well as her own in bringing this action.

46. The identity of the putative 216(b) Class Members are known to Defendants and 

are readily identifiable through Defendants’ payroll records. These individuals may readily be 

notified of this action, and allowed to opt into it pursuant to 29 U.S.C. §216(b), for the purpose of 

collectively adjudicating their claims for overtime compensation, liquidated damages, attorneys' 

fees and costs under the FLSA.

47. The net effect of Defendants’ policies and practices is that Defendants willfully 

failed to fully and properly pay Named Plaintiff and §216(b) Class Members overtime wages. 
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Thus, Defendants jointly enjoyed substantial ill-gained profits at the expense of the Named 

Plaintiff and §216(b) Class Members.

B. Fed.R.Civ. P. 23 Class Action for Unpaid Overtime Wages.

48. All of the preceding paragraphs are realleged as if fully rewritten herein.

49. Named Plaintiff brings her Ohio Wage Act claims pursuant to Fed.R.Civ.P. 23 as 

a class action on behalf of herself and all other similarly situated of the following class, consisting 

of:

All current and former hourly, non-exempt employees of 

Defendants who received remuneration payments in addition to their 

normal hourly rate of pay during any workweek that they worked 

over 40 hours in any workweek beginning three years preceding the 

filing date of this Complaint and continuing through the date of final 

disposition of this case (the “Ohio Rule 23 Class,” the “Rule 23 

Class,” or the “Ohio Rule 23 Class Members”).

50. During relevant times, Plaintiff and those Ohio Rule 23 Class Members worked 

more than forty (40) hours per workweek, but were not correctly compensated at a rate of at least 

one and one-half times their correct regular rate of pay for all hours worked in excess of 40 because 

of Defendants’ policy and practice of not fully and properly compensating their employees at the 

proper overtime rate during workweeks when they received remuneration payments in addition to 

their normal hourly rate of pay. 

51. The Ohio Rule 23 Class, as defined above, is so numerous that joinder of all 

members is impracticable.

52. Named Plaintiff is a member of the Ohio Rule 23 Class and her claims for unpaid 

wages are typical of the claims of other members of the Ohio Rule 23 Class.

53. Named Plaintiff will fairly and adequately represent the Ohio Rule 23 Class and 

the interests of all members of the Ohio Rule 23 Class.
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54. Named Plaintiff has no interest that is antagonistic to or in conflict with those 

interests of the Ohio Rule 23 Class that she undertaken to represent.

55. Named Plaintiff has retained competent and experienced class action counsel who 

can ably represent the interests of the entire Ohio Rule 23 Class.

56. Questions of law and fact are common to the Ohio Rule 23 Class.

57. Class certification is appropriate under Fed. R. Civ. P. 23(b)(1) because individual 

actions would create the risk of inconsistent or varying adjudications that would establish 

incompatible standards of conduct for Defendants with respect to their non-exempt employees.

58. Class certification is appropriate under Fed. R. Civ. P. 23(b)(2) as Defendants acted 

or refused to act on grounds generally applicable to the Ohio Rule 23 Class, making appropriate 

declaratory and injunctive relief with respect to Named Plaintiff and the Ohio Rule 23 Class as a 

whole.

59. Class certification is appropriate under Fed. R. Civ. P. 23(b)(3) as the questions of 

law and facts common to the Ohio Rule 23 Class predominate over questions affecting individual 

members of the Ohio Rule 23 Class and because a class action is superior to other available 

methods for the fair and efficient adjudication of this litigation. 

60. Questions of law and fact that are common to the Ohio Rule 23 Class include, but 

are not limited to: (a) whether Defendants violated the Ohio Wage Act by failing to pay the Ohio 

Rule 23 Class their correct overtime rate for all hours worked in excess of forty hours per week as 

a result of Defendants’ failure to properly calculate the Ohio Rule 23 Class Members’ regular rate 

of pay when they received remuneration payments in addition to their normal hourly rate of pay; 

(b) whether Defendants kept accurate records of the amount of time the Ohio Rule 23 Class was 

working each day; (c) whether Defendants’ violations of the Ohio Wage Act were knowing and 
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willful; (d) what amount of unpaid and/or withheld overtime compensation is due to the Named 

Plaintiff and other members of the Ohio Rule 23 Class on account of Defendants’ violations of the 

Ohio Wage Act; and (e) what amount of prejudgment interest is due to Ohio Rule 23 Class 

members on the overtime or other compensation which was withheld or not paid to them. 

61. A class action is superior to individual actions for the fair and efficient adjudication 

of Named Plaintiff’s and the Ohio Rule 23 Class’ claims and will prevent undue financial, 

administrative and procedural burdens on the parties and the Court. Named Plaintiff and counsel 

are not aware of any pending Ohio litigation on behalf of the Ohio Rule 23 Class, as defined herein, 

or on behalf of any individual alleging a similar claim. Because the damages sustained by 

individual members are modest compared to the costs of individual litigation, it would be 

impractical for class members to pursue individual litigation against the Defendants to vindicate 

their rights. Certification of this case as a class action will enable the issues to be adjudicated for 

all class members with the efficiencies of class litigation.

V. CAUSES OF ACTION

COUNT I

(FLSA – COLLECTIVE ACTION FOR UNPAID OVERTIME)

62. All of the preceding paragraphs are realleged as if fully rewritten herein.

63. This claim is brought as part of a collective action by the Named Plaintiff on behalf 

of herself and the §216(b) Class.

64. During the relevant time period preceding this Complaint, Defendants jointly 

employed the Named Plaintiff and the §216(b) Class Members.

65. Named Plaintiff and the §216(b) Class Members were paid on an hourly basis when 

working in non-exempt positions.
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66. Named Plaintiff and the §216(b) Class Members worked in excess of 40 hours in a 

workweek.

67. The FLSA requires that covered employees be compensated for every hour worked 

in a workweek. See 29 U.S.C. § 206(b).

68. The FLSA requires that non-exempt employees receive overtime compensation of 

their regular rate of pay for hours worked in excess of forty (40) per week. See 29 U.S.C. 

§ 207(a)(1).

69. Under 29 U.S.C. § 207(e), “regular rate” of pay shall be broadly deemed to include 

all remuneration for employment paid to, or on behalf of, the employee like the type of Named 

Plaintiff and the Putative Class Members. See 29 U.S.C. § 207(e); see also 29 C.F.R. § 778.208.

70. Named Plaintiff was not exempt from receiving FLSA overtime benefits because, 

inter alia, she was not an “executive,” “administrative,” or “professional” employee, as those terms 

are defined under the FLSA. See 29 C.F.R. §§ 541.1, et seq.

71. Named Plaintiff was not exempt from receiving FLSA overtime benefits because, 

inter alia, she was not a “learned professional” employee, as that term is defined under the FLSA. 

See 29 CFR § 541.301.

72. Named Plaintiff and the §216(b) Class Members frequently worked in excess of 40

hours per week and received additional remuneration to their hourly rates at times during such

workweeks.

73. Named Plaintiff and the §216(b) Class Members should have been paid the correct

overtime rate for all hours worked in excess of forty hours per workweek during the three years 

from the filing date of this Complaint.
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74. Defendants violated the FLSA with respect to Named Plaintiff and the §216(b) 

Class by, inter alia, failing to fully compensate them at time-and-one-half times their regular rates

of pay for hours worked over forty (40) hours in workweeks because Defendant did not properly 

calculate their employees’ overtime rate when they received remuneration payments in addition to 

their normal hourly rate of pay.

75. Defendants knew or should have known of the overtime payment requirements of 

the FLSA. Defendants jointly and willfully withheld and failed to pay the overtime compensation 

to which Named Plaintiff and the §216(b) Collective Members are entitled.

76. The exact total amount of overtime compensation that Defendants failed to pay the 

Named Plaintiff and the §216(b) Class Members is unknown at this time, as many of the records 

necessary to make such precise calculations are in the possession of Defendants or were not kept 

by Defendants.

77. As a direct and proximate result of Defendants’ joint conduct, the Named Plaintiff 

and the §216(b) Class Members have suffered and continue to suffer damages. The Named 

Plaintiff seeks unpaid overtime and other compensation, liquidated damages, interest and 

attorneys’ fees, and all other remedies available, on behalf of herself and the 216(b) Class 

Members.

COUNT II

(O.R.C. § 4111.03 – RULE 23 CLASS ACTION FOR UNPAID OVERTIME)

78. All of the preceding paragraphs are realleged as if fully rewritten herein.

79. This claim is brought under Ohio Law. 

80. The Named Plaintiff and the Ohio Rule 23 Class Members have been jointly 

employed by Defendants, and Defendants are each an employer covered by the overtime 

requirements under Ohio law.
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81. Ohio Law requires that employees receive overtime compensation “not less than 

one and one-half times” (1.5) the employee’s regular rate of pay for all hours worked over forty 

(40) in one workweek, “in the manner and methods provided in and subject to the exemptions of 

section 7 and section 13 of the Fair Labor Standards Act of 1937.” See O.R.C. § 4111.03(A); see 

also 29 U.S.C. § 207(a)(1).

82. The Named Plaintiff and Ohio Rule 23 Class worked in excess of the maximum 

weekly hours permitted under O.R.C. § 4111.03, but were not correctly paid their overtime rate

for all hours worked over 40 in a workweek in workweeks that they received remuneration 

payments in addition to their normal hourly rate of pay. 

83. Defendants’ company-wide corporate policy and/or practice of not properly paying

their hourly, non-exempt employees the correct overtime rate for each hour worked over forty (40) 

hours in workweeks that employees received remuneration payments in addition to their normal 

hourly rate of pay resulted in unpaid overtime wages for the Named Plaintiff and Ohio Rule 23 

Class.

84. Named Plaintiff and those similarly situated Ohioans were not exempt from the 

wage protections of Ohio Law.

85. Defendants violated the Ohio Wage Act with respect to Named Plaintiff and the 

Ohio Rule 23 Class by, inter alia, failing to compensate them at time-and-one-half times their 

correct regular rates for hours worked over forty (40) hours in a workweek because Defendants

did not properly calculate their employees’ overtime rate when they received remuneration 

payments in addition to their normal hourly rate of pay.

86. The Named Plaintiff and the Ohio Rule 23 Class were not exempt from the wage 

protections of Ohio law. Indeed, during relevant times, the Named Plaintiff and the Ohio Rule 23 
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Class Members were not exempt from receiving overtime because, inter alia, they were not 

“executive,” “administrative,” “professional,” “outside sales” or “computer” employees, as those 

terms are defined under the FLSA. See O.R.C. § 4111.03(A); see also 29 C.F.R. §§ 541.0, et seq.

87. Defendants’ repeated and knowing failure to pay overtime wages to the Named 

Plaintiff and those similarly situated Ohioans were violations of R.C. §4111.03, and as such, 

Defendants jointly acted willfully. 

88. For Defendants’ violations of R.C. §4111.03, by which the Named Plaintiff and 

those similarly situated Ohioans have suffered and continue to suffer damages; the Named Plaintiff 

and those similarly situated Ohioans seek unpaid overtime and other compensation, liquidated

damages, interest and attorneys’ fees, and all other remedies available. 

COUNT III

(R.C. § 4113.5 – RULE 23 CLASS ACTION FOR VIOLATIONS OF THE OHIO 

PROMPT PAY ACT)

89. All of the preceding paragraphs are realleged as if fully rewritten herein.

90. During relevant times, Named Plaintiff and the Ohio Rule 23 Class Members have 

been jointly employed by Defendants. 

91. During relevant times, Defendants were each an entity covered by the OPPA and 

the Named Plaintiff and the Ohio Rule 23 Class Members have been jointly employed by 

Defendants within the meaning of the OPPA. 

92. The OPPA requires Defendants to pay Named Plaintiff and Ohio Rule 23 Class all

wages, including unpaid overtime, on or before the first day of each month, for wages earned by 

her during the first half of the preceding month ending with the fifteenth day thereof, and on 

or before the fifteenth day of each month, for wages earned by her during the last half of the 

preceding calendar month. See O.R.C. § 4113.15(A).
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93. During relevant times, Named Plaintiff and the Ohio Rule 23 Class were not paid 

all wages, including overtime wages at one and one-half times theirregular rate of pay within thirty 

(30) days of performing the work. See O.R.C. § 4113.15(B).

94. The Named Plaintiff and the Ohio Rule 23 Class Members’ unpaid wages remain 

unpaid for more than thirty (30) days beyond their regularly scheduled payday.

95. The Named Plaintiff and the Ohio Rule 23 Class Members have been harmed and 

continue to be harmed by such unpaid wages.

96. In violating the OPPA, Defendants jointly acted willfully, without a good faith 

basis and with reckless disregard of clearly applicable Ohio law.

VI. PRAYER FOR RELIEF

WHEREFORE, as to Count I, Named Plaintiff and other members of the § 216(b) Class 

pray for an Order as follows:

A. Certifying the proposed FLSA collective action;

B. Directing prompt issuance of notice pursuant to 29 U.S.C. § 216(b) to the 216(b) 

Class apprising them of the pendency of this action, and permitting them to timely assert their 

rights under the FLSA and pursuant to 29 U.S.C. § 216(b);

C. A declaratory judgment that Defendants’ payroll policy or practice of not including

and properly calculating the overtime rate during workweeks they received remuneration payments 

in addition to their normal hourly rate of pay for Named Plaintiff and the § 216(b) Class as 

described herein violates the FLSA;

D. Judgment against Defendants, jointly, for damages for all unpaid overtime 

compensation owed to Named Plaintiff and the §216(b) Class during the applicable statutory 
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period under the FLSA 29 U.S.C. § 201, et seq., and attendant regulations at 29 C.F.R. § 516 et 

seq.;

E. Judgment against Defendants for liquidated damages pursuant to the FLSA, 29 

U.S.C. § 201, et seq., and attendant regulations at 29 C.F.R. § 516 et seq., in an amount equal to 

all unpaid minimum wage and overtime compensation owed to Named Plaintiff and all other 

similarly situated employees during the applicable statutory period;

F. Directing Defendants to pay reasonable attorney’s fees and all costs connected with 

this action;

G. Leave to add additional plaintiffs by motion, the filing of written consent forms, or 

any other method approved by the Court;

H. Judgment for all civil penalties to which Plaintiff and all other similarly situated 

employees may be entitled; and

I. Such other and further relief as to this Court may deem necessary, just or 

proper.

WHEREFORE, as to Counts II and III, Named Plaintiff requests judgment against 

Defendants for violations of the Ohio Wage Act and the OPPA, and for an Order:

J. Awarding to the Named Plaintiff and the Ohio Rule 23 Class members unpaid 

compensation, including overtime wages as to be determined at trial together with any liquidated 

damages allowed by Ohio Law;

K. Awarding Named Plaintiff and the Ohio Rule 23 Class members costs and 

disbursements and reasonable allowances for fees of counsel and experts, and reimbursement of 

expenses;
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L. Awarding Named Plaintiff, the Ohio Rule 23 Class members such other and further 

relief as the Court deems just and proper;

M. Awarding judgment against Defendants, jointly, for liquidated damages pursuant 

to the OPPA in an amount equal to six percent (6%) of all unpaid overtime compensation owed to 

the Named Plaintiff and the Ohio Rule 23 Class members during the applicable statutory period;

and

N. Issuing an injunction prohibiting Defendants from engaging in present, ongoing 

and future violations of the Ohio Acts.

Respectfully submitted,

/s/ Matthew J.P. Coffman

Matthew J.P. Coffman (0085586) 

Coffman Legal, LLC

1457 S. High St.

Columbus, Ohio 43207

Telephone: (614) 949-1181

Facsimile: (614) 386-9964

Email: mcoffman@mcoffmanlegal.com

 Peter Contreras (0087530)

CONTRERAS LAW, LLC

PO Box 215

Amlin, Ohio 43002

Phone: 614-787-4878

Fax: 614-923-7369

Email: peter.contreras@contrerasfirm.com

Attorneys for Named Plaintiff and similarly 

situated employees

JURY DEMAND

Plaintiff hereby demands a jury trial of eight (8) persons to hear all issues so triable.

/s/ Matthew J.P. Coffman

Matthew J.P. Coffman