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IN THE UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF INDIANA 

INDIANAPOLIS DIVISION 

DANIEL KOCH, on Behalf of Himself ) 

and All Others Similarly Situated, ) Collective Action 

 ) 

 Plaintiffs, ) 

 ) 

 vs. ) CAUSE NO. 1:14-cv-72 

 ) 

JERRY W. BAILEY TRUCKING, INC., ) 

JERRY W. BAILEY and LINDA L. ) 

BAILEY, ) 

 ) 

 Defendants. ) 

COMPLAINT FOR DAMAGES

This is a proposed collective action brought on behalf of all former and current 

truck drivers of Defendants (“the Class”) against Defendants, Jerry W. Bailey Trucking, 

Inc. ("JWBT"), Jerrry W. Bailey and Linda L. Bailey. 

I. Parties

1. Each member of the Class is or was a truck driver of JWBT at all times 

relevant to this action. 

2. Plaintiff, Mr. Koch, is a resident of Fort Wayne, Allen County, Indiana. 

3. Defendant, JWBT, is an incorporated business that operates facilities in 

Yoder, Indiana. 

4. Mr. Bailey is the President of JWBT. 

5. Mr. Bailey is one of the managers of JWBT. 

6. Mr. Bailey is at least partially responsible for determining how the 

employees of JWBT are paid. 

7. Mrs. Bailey is the Vice-President of JWBT. 

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8. Mrs. Bailey is one of the managers of JWBT. 

9. Mrs. Bailey is at least partially responsible for determining how the 

employees of JWBT are paid. 

II. Jurisdiction and Venue 

10. This court has jurisdiction to hear this claim pursuant to 28 U.S.C. §1331, 

in that the claim arises under the laws of the United States. Specifically, Plaintiff and the 

Class bring this action to enforce their rights under the FLSA, as allowed by 29 U.S.C. 

§216. 

11. This court has jurisdiction to hear these state claims pursuant to the court’s 

supplement jurisdiction under 28 U.S.C. §1367. 

12. Venue in the Southern District of Indiana, Indianapolis Division, is 

appropriate by virtue of Plaintiff’s residence and Defendants doing business in this 

District. 

III. Class Action Allegations

13. Plaintiff brings this case as a class action pursuant to 29 U.S.C. §216(b) on 

behalf of a class consisting of all similarly situated persons who are or were employed as 

truck drivers of JWBT. 

14. The members of the Class were paid on an hourly basis. 

15. The members of the Class were not paid for time spent performing 

morning (pre-driving) inspections, fueling and end of day (post-driving) inspections. 

16. Defendants willfully failed to pay members of the Class for this time 

worked. 

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17. Plaintiff knows of no difficulty that will be encountered in the 

management of this litigation that would preclude its maintenance as a collective action. 

The names, addresses, and relevant documentation of members of the Class should be in 

the business records of JWBT. Notice may be provided to members of the Class or their 

personal representatives via first class mail using techniques and a form of notice similar 

to those customarily used in class actions. 

IV. Factual Allegations

18. Mr. Koch began employment with JWBT as a truck driver in June 2006. 

19. Mr. Koch was paid on an hourly basis. 

20. JWBT paid Mr. Koch on weekly basis. 

21. Mr. Koch's final hourly rate was $16.00 an hour. 

22. Mr. Koch was not paid for time spent performing morning (pre-driving) 

inspections, fueling and end of day (post-driving) inspections. 

23. This work time was either regular or overtime hours. 

24. Defendants willfully failed to pay Mr. Koch these overtime hours. 

25. Mr. Koch was terminated by Defendants on April 15, 2013. 

26. JWBT failed to pay Mr. Koch all his regular hours in a timely fashion. 

27. JWBT failed to pay Mr. Koch all his regular hours in the correct amount. 

28. The wage claim of Mr. Koch has been referred to Weldy & Associates by 

the Indiana Attorney General's Office in conjunction with the Indiana Department of 

Labor. 

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Count I - Collective Action 

Failure to Properly Pay Overtime Wages 

Pursuant to the FLSA, 29 U.S.C. §201 et. seq.

29. Mr. Koch incorporates paragraphs 1 through 28 by reference herein. 

30. Plaintiff and the members of the Class are or were employees of JWBT 

pursuant to the FLSA. 

31. JWBT is an employer pursuant to the FLSA. 

32. Plaintiff and the members of the Class are covered employees pursuant to 

enterprise coverage under the FLSA. 

33. JWBT had gross revenues of at least $500,000.00 for the 2010 calendar 

year. 

34. JWBT had gross revenues of at least $500,000.00 for the 2011 calendar 

year. 

35. JWBT had gross revenues of at least $500,000.00 for the 2012 calendar 

year. 

36. Mr. Bailey is an employer pursuant to the FLSA. 

37. Mrs. Bailey is an employer pursuant to the FLSA. 

38. Plaintiff and the members of the Class have been damaged by Defendants' 

violations of the FLSA. 

WHEREFORE, Plaintiff prays that the Court: 

A. Enter an award for Plaintiff and the members of the Class for the overtime 

wages owed to them during the course of their employment with Defendants with interest 

as permitted by the FLSA. 

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B. Enter an award for liquidated damages with interest as permitted by the 

FLSA. 

C. Enter an order awarding Plaintiff and the members of the Class all 

reasonable attorney fees and expenses incurred in pursuing this claim as permitted by the 

FLSA. 

D. Enter an award for such other relief as may be just and appropriate. 

 Respectfully submitted, 

 WELDY & ASSOCIATES 

 /s/Ronald E. Weldy 

 Ronald E. Weldy, #22571-49 

Count II - Individual Action 

Failure to Properly Pay Wages 

Pursuant to the Wage Claims Statute, I.C. §22-9-2 et. seq.

39. Mr. Koch incorporates paragraphs 1 through 38 by reference herein. 

40. Mr. Koch was not paid all wages due and owing in a timely fashion during 

his employment. 

41. Mr. Koch was not paid all wages due and owing in a timely fashion 

following his involuntary separation of employment. 

42. Mr. Koch has been damaged by JWBT's violations of the Wage Claims 

Statute. 

WHEREFORE, Plaintiff prays that the Court: 

A. Enter an award for Plaintiff for the actual wages owed with interest as 

permitted by the Wage Claims Statute. 

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B. Enter an award for liquidated damages with interest as permitted by the 

Wage Claims Statute. 

C. Enter an order awarding Plaintiff all reasonable attorney fees and expenses 

incurred in pursuing this claim as permitted by the Wage Claims Statute. 

D. Enter an award for such other relief as may be just and appropriate. 

 Respectfully submitted, 

 WELDY & ASSOCIATES 

 /s/Ronald E. Weldy 

 Ronald E. Weldy, #22571-49 

 Proposed Collective Action Counsel 

Weldy & Associates 

8383 Craig Street 

Suite 330 

Indianapolis, IN 46250 

Tel: (317) 842-6600 

Fax: (317) 842-6933 

E-mail: weldy@weldylaw.com

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