IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

:

JARROD ZANON, :

1016 1⁄2 Parsons Ave, Apt. 4 :

Columbus, OH 43206 :

: Case No. 2:18-cv-415

Plaintiff, : 

: JUDGE

v. : 

: MAGISTRATE JUDGE

ARPITA, LLC :

d/b/a GERMAN VILLAGE INN, :

920 South High Street :

Columbus, Ohio 43206 :

c/o Registered Agent: :

Bhikha Patel : Jury Demand Endorsed Hereon

4182 E. Main Street :

Columbus, Ohio 43213 :

:

Defendant. :

COMPLAINT

NOW COMES Plaintiff Jarrod Zanon (“Plaintiff”) and proffersthis Complaint for damages 

against Defendant Arpita, LLC d/b/a German Village Inn (“Defendant”).

JURISDICTION AND VENUE

1. This action is brought pursuant to the Fair Labor Standards Act (“FLSA”), 29 

U.S.C. §201, et seq., the Ohio Minimum Fair Wage Standards Act ("OMWFSA"), and the Ohio 

Prompt Pay Act, R.C. Chapter 4113. 

2. Jurisdiction is conferred upon this Court by 28 U.S.C. § 1331 and 29 U.S.C. § 

1332(e), which provide for original jurisdiction of Plaintiff’s claims arising under the law of the 

United States and over actions to secure equitable and other relief.

3. This Court has jurisdiction over Plaintiff’s claims under the statutory law of Ohio 

pursuant to supplemental jurisdiction as codified at 28 U.S.C. § 1367.

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

entered into an employment relationship with Defendant in the Southern District of Ohio and 

performed his job duties there, and Defendant is doing and has done substantial business in the 

Southern District of Ohio.

THE PARTIES

5. Plaintiff Jarrod Zanon is an individual, a United States citizen, and a resident of 

Franklin County, Ohio. 

6. At all times relevant herein, Plaintiff was an “employee” of Defendant as that term 

is defined by the FLSA and Ohio law. 

7. Defendant Arpita, LLC d/b/a German Village Inn, is an Ohio Limited Liability 

Company registered to do business in Ohio.

8. Upon information and belief, Defendant operates a hotel located at 920 South High 

Street, Columbus, Ohio 43206 in Franklin County, Ohio.

9. At all times relevant herein, Defendant was a “covered employer” as defined in the 

FLSA and OMFWSA.

10. At all times relevant herein, upon information and belief, Defendant was engaged 

in interstate commerce or in the production of goods for commerce, and/or the business activities 

of Defendant constituted an enterprise engaged in interstate commerce within the meaning of the 

FLSA, and/or Defendant has an annual dollar volume of sales or business of at least $500,000.

FACTUAL BACKGROUND 

11. Plaintiff began working for Defendant in or around February 2015. 

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12. At all times relevant herein, Plaintiff worked in the position of “Night Audit.” 

Plaintiff’s primary duties include checking hotel patrons into their rooms, answering telephone 

calls, fulfilling guest requests, and periodically patrolling the parking lot. 

13. At all times relevant herein, Plaintiff has worked third shift. His shift typically 

begins at or before 11:00 p.m. and ends at or after 7:00 a.m.

14. Plaintiff works six nights per week, Monday through Saturday. 

15. During certain busier times (e.g. spring break, summer, and Ohio State football

season), Plaintiff works up to two or more hours beyond his regularly scheduled end time. 

16. Plaintiff does not take meal breaks during his shift. 

17. Plaintiff is typically the only person working at Defendant’s facility during the 

night shift. Thus, he cannot leave his work area for more than a few minutes. 

18. At the beginning of his employment, Plaintiff was paid ten dollars ($10.00) per 

hour. 

19. Throughout Plaintiff’s entire employment, he has worked forty-six (46) or more 

hours per week.

20. For a few months at the beginning of his employment, Plaintiff was paid at a rate 

of one and one-half times his regular pay rate for all hours worked in excess of 40.

21. However, in or around August 2015, Defendant’s Manager, Chirat Patel, told

Plaintiff that he could no longer afford to pay Plaintiff at his overtime rate.

22. Thereafter, Defendant stopped paying Plaintiff at a rate of one and one-half times 

his regular rate of pay for hours worked in excess of 40 each workweek.

23. Additionally, Defendant stopped paying Plaintiff for any hours he worked in excess 

of 40 each workweek. 

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24. Defendant’s decision to pay plaintiff his proper overtime rate of pay, then cease 

doing so, demonstrates a willful violation of law. 

25. Defendant continued to require Plaintiff to work approximately 46 or more hours 

per week. 

26. Defendant only pays Plaintiff for 40 hours per week and Plaintiff’s paystubs

indicate the same.

27. During Plaintiff’s employment with Defendant, he has not been compensated for 

all hours he worked, including overtime hours. 

COUNT I

(FLSA – Failure to Pay Minimum Wage)

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

29. Defendant violated, and continues to violate, the FLSA, 29 U.S.C. § 206(a), by not 

paying Plaintiff minimum wage for all hours worked.

30. Defendant knew or should have known of the minimum wage payment requirement 

of the FLSA.

31. Plaintiff is not exempt from the provisions of the FLSA, and Defendant knew or 

should have known that Plaintiff is entitled to be paid no less than the minimum wage payment for 

all hours worked. 

32. Defendant knowingly and willfully fails to properly pay Plaintiff for all hours 

worked. 

33. As a direct and proximate result of Defendant’s conduct, Plaintiff has suffered and 

continues to suffer damages. Plaintiff is entitled to recover unpaid wages, liquidated damages,

interest, attorneys’ fees and costs, punitive damages, and all other remedies available under the 

FLSA.

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COUNT II

(OMFWSA and §34(a) of the Ohio Constitution– Failure to Pay Minimum Wage)

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

35. Defendant has violated and continues to violate the Ohio Minimum Fair Wage 

Standards Act, Ohio Revised Code, Section 4111 et seq. and Section 34(a) of the Ohio Constitution 

by not paying Plaintiff minimum wage for all hours worked.

36. Defendant’s knowing failure to properly pay Plaintiff is a violation of Chapter 4111 

of the O.R.C and Section 34(a) of the Ohio Constitution.

37. For Defendant’s violation of O.R.C. 4111 and Section 34(a) of the Ohio 

Constitution, Plaintiff is entitled to recover unpaid wages, an additional two (2) times the unpaid 

wages, interest, attorneys’ fees, and all other remedies available under Ohio law.

COUNT III

(FLSA - Failure to Pay Overtime)

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

39. Plaintiff has been an employee of Defendant within the previous three years of the 

filing of this Complaint. Plaintiff is currently employed by Defendant.

40. Plaintiff is not exempt from the overtime requirements of the FLSA.

41. Plaintiff is not paid an overtime premium for all hours worked in excess of 40 in a 

workweek at his regular rate of pay.

42. Defendant is aware that Plaintiff works more than 40 hours per week but does not 

receive overtime compensation at a rate of one and one-half times his regular rate of pay for hours 

worked in excess of 40 per week.

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43. Defendant knew of the overtime payment requirement of the FLSA and that 

Plaintiff is a non-exempt employee entitled to overtime compensation for all hours worked per 

week in excess of 40. 

44. Defendant's refusal to properly compensate Plaintiff as required by the FLSA is a 

willful violation. 

45. As a direct and proximate result of Defendant’s conduct, Plaintiff has suffered and 

continues to suffer damages. Plaintiff is entitled to recover unpaid wages, liquidated damages, 

interest, attorneys’ fees and costs, punitive damages, and all other remedies available under the 

FLSA.

COUNT IV

(OMFWSA - Failure to Pay Overtime)

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

47. This claim is brought under Ohio law.

48. Defendant's knowing failure to pay Plaintiff overtime wages for hours worked in 

excess of forty (40) per workweek was and is a violation of Section 4111.03 of the Ohio Revised 

Code.

49. For Defendant's violations of ORC 4111.03, Plaintiff is entitled to recover unpaid 

overtime wages, interest, attorneys’ fees, and all other remedies available under Ohio law.

COUNT V

(R.C. 4113.15 – Failure to Tender Pay by Regular Payday)

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

51. Plaintiff asserts this claim under R.C. 4113.15, which requires Defendant to pay its 

employees within thirty (30) days of the performance of compensable work. 

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52. Defendant failed and continues to fail to make proper wage payments to Plaintiff 

for all hours worked.

53. By failing to make the wage payments within 30 days of when such payments are

due, Defendant is violating R.C. 4113.15. 

PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays for the following relief: 

A. A declaratory judgment that Defendant’s practices complained of herein are 

unlawful under the FLSA and Ohio law;

B. An award of monetary damages, including unpaid minimum wages and unpaid 

overtime wages due under the FLSA, OMFWSA, and R.C. § 4113.15;

C. An award of statutory and/or liquidated damages and/or treble damages as a result 

of Defendant's violations; 

D. An award of prejudgment and post judgment interest;

E. An award of costs and expenses of this action together with reasonable attorneys’ 

fees and expert fees;

F. Such other legal and equitable relief as this Court deems appropriate, but in any 

event not less than $75,000.00.

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Respectfully submitted,

/s/Greg Mansell

Greg R. Mansell (0085197)

(Greg@MansellLawLLC.com)

Carrie J. Dyer (0090539)

(Carrie@MansellLawLLC.com)

Mansell Law, LLC

1457 S. High St.

Columbus, Ohio 43207

Ph: (614) 610-4134

Fax: (513) 826-9311

Counsel for Plaintiff

JURY DEMAND

Plaintiff hereby requests a jury of at least eight (8) persons.

/s/Greg R. Mansell_________________

Greg R. Mansell (0085197)

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