IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

WESTERN DIVISION AT DAYTON

MARY DUVALL, :

113 S. Main Street, Apt. 502 :

Urbana, Ohio 43078 : Case No.: 3:18-cv-162

:

Plaintiff, : JUDGE:

:

vs. : MAGISTRATE JUDGE:

:

PAMELA THORPE, :

231 New Haven Drive :

Urbana, Ohio 43078 : Jury Demand Endorsed Hereon

:

and :

:

YOUR HOME APARTMENT :

RENTALS, :

113 S. Main Street :

Urbana, Ohio 43078 :

:

Defendants. :

COMPLAINT

NOW COMES Plaintiff Mary Duvall (“Plaintiff”) and proffers this Complaint for damages 

against Defendants Pamela Thorpe and Your Home Apartment Rentals (“Defendants”).

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"), R.C. Chapter 

4111, 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.

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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.

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

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

performed her job duties there, and Defendants are doing and have done substantial business in 

the Southern District of Ohio.

THE PARTIES

5. Plaintiff Mary Duvall is an individual, a United States citizen, and a resident of 

Urbana, Ohio. Plaintiff resides in Champaign County, Ohio.

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

is defined by the FLSA and OMFWSA. 

7. Upon information and belief, Defendant Pamela Thorpe is an individual, a United 

States citizen, and a resident of Champaign County, Ohio.

8. Upon information and belief, Defendant Pamela Thorpe is the sole proprietor of 

Defendant Your Home Apartment Rentals in Champaign County, Ohio. 

9. Upon information and belief, Defendants operates apartment rental units located at 

111 and 113 S. Main Street, Urbana, Ohio 43078. 

10. At all times relevant herein, Defendants were “covered employers” as defined in 

the FLSA and OMFWSA.

11. At all times relevant herein, Defendants were engaged in interstate commerce or in 

the production of goods for commerce, and/or the business activities of Defendants constituted an 

enterprise engaged in interstate commerce within the meaning of the FLSA, and/or Defendants 

have an annual dollar volume of sales or business of at least $500,000. 

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FACTUAL BACKGROUND 

12. Plaintiff is currently a tenant in one of apartment rental units owned by Defendants, 

located at 113 S. Main Street, Urbana, Ohio 43078.

13. In or around late January 2016, Defendants developed a need to hire an employee 

to monitor the security cameras at that rental apartment unit where Plaintiff resided. 

14. Defendants offered the position to Plaintiff. It was agreed that Plaintiff would be 

paid on an hourly basis, at a rate of nine dollars ($9.00) per hour. 

15. Initially, Defendantsscheduled Plaintiff to work seven (7) nights per week, Monday 

through Sunday, from 12:00 a.m. until 3:00 a.m. or after.

16. At all times relevant herein, Plaintiff’s job duties included watching the live feed 

security cameras, performing area checks on each floor of the apartment building, turning lights 

off in unused common areas, and ensuring doors leading in and out of the apartment building were 

locked at certain times. 

17. In or around March 2016, an incident occurred in which a tenant tried to damage 

the apartment building. The incident occurred outside of Plaintiff’s shift.

18. Thereafter, Defendants increased Plaintiff’s shift to eight (8) or more hours per 

shift. Plaintiff continued working seven (7) nights per week. Thus, Plaintiff regularly worked more 

than fifty (50) hours per week.

19. Plaintiff worked the agreed-upon shifts for several months but received no 

compensation from Defendants. In or around May 2016, Plaintiff asked Defendants for payment 

in full for the hours she had worked. 

20. Defendant Thorpe stated she would pay Plaintiff when her business partner returned 

from an overseas trip.

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21. Plaintiff continued working in good faith for Defendants, believing that she would 

eventually receive her full pay for the hours she worked.

22. On or around October 11, 2016, and at all times relevant hereinafter, Plaintiff’s shift 

again changed and she began working approximately six (6) hours per shift, seven (7) nights per 

week.

23. In or around May 2017, Plaintiff again asked Defendants for payment for the hours 

she had worked. 

24. Defendant Thorpe stated that her business partner would return from overseas on

July 8, 2017 and that Defendants would pay Plaintiff when her business partner returned. 

25. At that time, Defendant Thorpe asked Plaintiff to submit time sheets of hours she 

had worked up to that point. 

26. Plaintiff provided Defendants with her time sheets, as well as daily journal logs that 

Plaintiff used to record all work-related activities during her shifts.

27. Plaintiff continued working for Defendants until approximately late April 2018.

Around that time, Defendant Thorpe told Plaintiff her services were no longer needed because 

Defendants could not afford to pay her. 

28. During Plaintiff’s employment with Defendants, Plaintiff was never compensated 

for any hours she worked, including overtime hours. As of the date of the filing of this complaint, 

Plaintiff has received no compensation for the work she performed for Defendants.

29. Upon information and belief, Defendants have hired other employees to perform 

cleaning and maintenance tasks and Defendants have compensated those employees for hours 

worked. 

30. Defendants’ decision not to pay Plaintiff demonstrates a willful violation of law. 

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COUNT I

(FLSA – Failure to Pay Minimum Wage)

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

32. Defendants violated the FLSA, 29 U.S.C. § 206(a), by failing to pay Plaintiff at 

least minimum wage for all hours worked.

33. Defendants knew or should have known of the minimum wage payment 

requirement of the FLSA.

34. Plaintiff is not exempt from the provisions of the FLSA, and Defendants knew or 

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

for all hours worked. 

35. Defendants knowingly and willfully failed to properly pay Plaintiff when 

Defendants refused to compensate Plaintiff for all hours worked. 

36. As a direct and proximate result of Defendants’ conduct, Plaintiff has suffered and 

continue 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 II

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

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

38. Defendants have violated the Ohio Minimum Fair Wage Standards Act, Ohio

Revised Code, Section 4111 et seq. and Section 34a of the Ohio Constitution by not paying 

Plaintiff minimum wage for all hours worked.

39. Defendants’ knowing failure to properly pay Plaintiff was a violation of Chapter 

4111 of the O.R.C and Section 34a of the Ohio Constitution. 

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40. For Defendants’ violation of O.R.C. 4111 and Section 34a of the Ohio Constitution, 

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

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

COUNT III

(FLSA - Failure to Pay Overtime)

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

42. Plaintiff was an employee of Defendants within the previous three years of the 

filing of this Complaint. 

43. Plaintiff was not exempt from the overtime requirements of the FLSA.

44. Plaintiff was not paid an overtime premium for all hours worked in excess of 40 in 

a workweek at her regular rate of pay.

45. Defendants were aware that Plaintiff worked more than 40 hours per week but did 

not receive overtime compensation at a rate of one and one-half times her regular rate of pay for 

hours worked in excess of 40 per week.

46. Defendants knew of the overtime payment requirement of the FLSA and that 

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

week in excess of 40. 

47. Defendants’ refusal to properly compensate Plaintiff as required by the FLSA is a 

willful violation. 

48. As a direct and proximate result of Defendants’ conduct, Plaintiff has suffered and 

continue 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 IV

(OMFWSA - Failure to Pay Overtime)

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

50. This claim is brought under Ohio law.

51. Defendants’ knowing failure to pay Plaintiff overtime wages for hours worked in 

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

52. For the Defendants’ violations of ORC 4111.03, Plaintiff is entitled to recover 

unpaid overtime wages, interest, attorneys’ fees and costs, and all other remedies available under 

Ohio law.

COUNT V

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

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

54. Plaintiff asserts this claim under R.C. 4113.15, which requires Defendants to pay 

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

55. Defendants failed to make proper wage payments to Plaintiff for all hours worked.

56. By failing to make the wage payments within 30 days of when such payments were 

due, Defendants have violated R.C. 4113.15. 

WHEREFORE, Plaintiff prays for the following relief: 

A. A declaratory judgment that Defendants’ 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 Defendants’ violations; 

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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.

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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