COMPLAINT PAGE 1 

Bonnie Allen-Sailer, OSB #145178 

bonnie@nwjp.org 

Corinna Spencer-Scheurich, OSB #130147 

corinna@nwjp.org 

Northwest Workers’ Justice Project 

812 SW Washington St, Suite 1100 

Portland, OR 97205 

Telephone: (503) 525-8454 

Facsimile: (503) 946-3029 

D. Michael Dale, OSB #771507 

michaeldale@dmichaeldale.net 

Law Office of D. Michael Dale 

P.O. Box 1032 

Cornelius, OR 97113 

Telephone: (503) 357-8290 

Facsimile: (502) 946-3089 

IN THE UNITED STATES DISTRICT COURT 

FOR THE DISTRICT OF OREGON 

EUGENE DIVISION 

RAINO HILL, an individual, 

 Plaintiff,

 v. 

FERY ASSOCIATES, LLC, an Oregon limited liability company, 

d.b.a. Gold Star Transport, and 

DONNA SMITH, an individual, 

 Defendants. 

 

 

Civil No.: 6:15-cv-1649 

COMPLAINT 

Fair Labor Standards Act 

(29 U.S.C. §§ 201 et seq.), 

Oregon Wage and Hour Law, Oregon 

Unlawful Discrimination in Employment 

DEMAND FOR JURY TRIAL 

I. INTRODUCTION 

1. Raino Hill (“Plaintiff”) brings this action against Fery Associates, LLC, d.b,a 

Gold Star Transport, and Donna Smith (“Defendants”) under the Fair Labor Standards Act (29 

U.S.C. §§ 201 et seq., “FLSA”) to collect unpaid wages. Plaintiff seeks overtime and minimum 

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wages due to him under 29 U.S.C. §§ 206, 207 and 216(b) and liquidated damages and attorney 

fees under 29 U.S.C. § 216(b). 

 2. Plaintiff also seeks unpaid wages, penalty damages, and attorney fees for 

violations of Oregon wage and hour law under O.R.S. §§ 652.140, 652.150, 652.200, 653.025, 

653.055, and 653.261. 

 3. Plaintiff also seeks damages for employment discrimination and retaliatory firing 

under 29 U.S.C. §§ 215(a)(3) and 216(b) and O.R.S. §§ 652.355, 653.060, 659A.199, and 

659A.885 for exercise of his legal rights under FLSA and Oregon wage and hour law. 

II. JURISDICTION 

4. Jurisdiction is conferred on this Court by 29 U.S.C. § 216(b), as this action arises 

under FLSA, 29 U.S.C. §§ 201, et seq.; 28 U.S.C. § 1331, as this action arise under the laws of 

the United States, and 28 U.S.C. § 1337, as it arises under acts of Congress regulating commerce. 

 5. Pursuant to 28 U.S.C. § 1367, this Court has supplemental jurisdiction of the 

claims based on Oregon law, as they are so related to claims within the Court’s original 

jurisdiction that they form part of the same case or controversy under Article III of the United 

States Constitution. 

III. PARTIES 

6. Plaintiff Raino Hill, an individual, is a resident of Salem, Oregon, in Marion 

County. 

7. At all times relevant to this action, Defendant Fery Associates, LLC, (“Defendant 

Fery”) was an domestic limited liability corporation engaged in providing non-emergency 

medical transportation in Oregon. Its principal place of business is in Marion County, Oregon. It 

has registered the assumed business name of Gold Star Transport in the state of Oregon. 

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8. At all times relevant to this action, Defendant Donna Smith (“Defendant Smith”) 

was an individual and a resident of Marion County. 

IV. FACTS 

 9. Defendants employed Plaintiff to provide non-emergency medical transport 

services to clients in and around Salem, Oregon and to perform maintenance on Defendant’s 

fleet of medical transport vehicles. 

10. At all relevant times, Plaintiff was employed in interstate commerce or in the 

production of goods for interstate commerce or was employed by an enterprise engaged in 

interstate commerce. 

11. During the course of Plaintiff’s employment with Defendants, Defendant Smith 

acted directly and indirectly in the interest of Defendant Fery in relation to Plaintiff, including by 

assigning and supervising Plaintiff’s work, calculating payroll and making decisions regarding 

Plaintiff’s pay, and ultimately terminating Plaintiff’s employment. 

 12. Defendants employed Plaintiff from approximately May 2013 until August 9, 

2015. 

13. Defendants provide transport services 24 hours per day. 

 14. Plaintiff worked shifts both during the day and overnight. 

15. During day shifts Plaintiff received an hourly wage. 

16. When Plaintiff began his employment with Defendants, his hourly wage was $10. 

17. Plaintiff received periodic wage increases. 

18. When Plaintiff’s employment with Defendants was terminated, his hourly wage 

was $12. 

19. Plaintiff typically worked four to five day shifts each week, though some weeks 

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he would work more. 

20. During overnight shifts, Plaintiff responded to dispatch calls to provide 

transportation services. 

21. During overnight shifts, Plaintiff received a piece rate of $10 to $20 for each 

transport trip he provided, depending on the type of transportation required. 

22. Plaintiff typically worked four to five overnight shifts each week, though some 

weeks he would work more. 

23. During his overnight shifts, Defendants considered Plaintiff to be “on call” at all 

times to be able to respond to dispatch calls. Specifically, Plaintiff was required at all times to be 

able to report to Salem Hospital within 20 minutes of being called. 

24. Plaintiff’s ability to use the time during his overnight shifts for his own personal 

activities was severely restricted by the Defendants’ on-call policy, including but not limited to 

the geographical restrictions, the number of calls received during the shift, the shortness of the 

required response time, the inability to trade overnight shifts, the inability to turn down particular 

calls, and the potential for discipline for failing to respond to calls. 

25. Plaintiff regularly worked in excess of 40 hours per week during his day shifts 

and additional hours during his overnight shifts. 

26. Among other weeks, Plaintiff worked approximately 48 hours of day shift time 

during the week of May 26, 2014, to June 1, 2014, for which he was paid at his regular hourly 

rate of pay at the time of $11, without any premium pay for hours worked in excess of 40. 

27. During that same week, May 26, 2014, to June 1, 2014, among other weeks, 

Plaintiff worked approximately 72 hours of overnight shift time, for which he was paid $175 in 

piece rate, without any premium pay for hours worked in excess of 40. 

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28. Among other weeks, Plaintiff worked a total of 120 hours the week of May 26, 

2014, to June 1, 2014, and received $703 in pay, making his average hourly wage $5.86. 

29. Defendants regularly failed to compensate Plaintiff at a rate of time and one half 

for every hour worked over 40. 

30. Defendants regularly paid Plaintiff less than the federal and Oregon minimum 

wage for hours worked for Defendants. 

31. Defendants knew of or recklessly disregarded their obligation to pay minimum 

and overtime wages under federal law. 

32. Plaintiff, through his attorney, sent Defendants a letter on July 15, 2015, 

complaining of violations of state and federal wage and hour law and requesting payment of the 

wages Plaintiff was due. 

33. Defendants received Plaintiff’s letter on or about July 17, 2015. 

34. Following the receipt of Plaintiff’s letter, Defendants reduced Plaintiff’s regularly 

scheduled hours. 

35. On August 9, 2015, Defendants terminated Plaintiff’s employment. 

36. Defendants reduced Plaintiff’s hours and terminated him because he complained 

about Defendants’ unlawful failure to pay wages due as herein alleged. 

37. To date, Defendants have failed to pay Plaintiff all his wages earned.

V. CLAIMS FOR RELIEF 

First Claim – Violation of FLSA wages 

(All Defendants) 

38. Defendants violated 29 U.S.C. § 206 by failing to pay Plaintiff at a rate of at least 

$7.25 per hour for all his hours worked. 

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39. Defendants violated 29 U.S.C. § 207 by failing to pay Plaintiff at a rate of time 

and one half his regular rate for overtime hours worked for Defendants. 

40. Defendants’ violation of FLSA was willful. 

41. Pursuant to 29 U.S.C. § 216(b), Plaintiff is entitled to recover unpaid minimum 

and overtime wages, equal amounts as liquidated damages, and reasonable attorney fees and 

costs. 

Second Claim – Violation of Oregon Minimum Wage and Overtime Law 

(Defendant Fery) 

42. Defendant Fery violated O.R.S. § 653.025 by failing to pay Plaintiff at least the 

state minimum wage. 

43. Defendant Fery violated O.R.S. § 653.261 and its attendant regulation, OAR 839-

20-0030, by failing to pay Plaintiff at a rate of one and one-half times his regular rate for 

overtime hours worked for Defendants. 

44. Plaintiff is entitled, under O.R.S. § 653.055, to recover the unpaid minimum wage 

and overtime wages, penalty wages in an amount equal to 240 times his hourly wage rate, and 

reasonable attorney fees and costs. 

Third Claim – Violation of FLSA’s Wrongful Termination Protections 

(All Defendants) 

45. Defendants violated 29 U.S.C. § 215(a)(3) by reducing Plaintiff’s hours and then 

discharging him because he made a complaint under or related to FLSA. 

46. Pursuant to 29 U.S.C. § 216(b), Plaintiff is entitled to such legal or equitable relief 

as may be appropriate to effectuate the purpose of section 215(a)(3), including without limitation 

reinstatement, the payment of wages lost, an additional equal amount as liquidated damages, and 

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reasonable attorney fees and costs. 

Fourth Claim – Violation of Oregon Statutory Discrimination Protections 

(Defendant Fery) 

47. Defendant Fery violated O.R.S. §§ 652.355, 653.060, and 659A199 by reducing 

Plaintiff’s hours and then discharging him because he made a complaint under or related to 

Oregon minimum wage and overtime law. 

48. Plaintiff is entitled, under O.R.S. §659A.885, to such legal or equitable relief as 

may be appropriate to effectuate the purposes of O.R.S. §§ 652.355 and 653.060, including 

without limitation compensatory or statutory damages, injunctive relief, and any other equitable 

relief that may be appropriate, including but not limited to reinstatement with or without back 

pay and reasonable attorney fees and costs. 

49. Plaintiff is entitled, under O.R.S. §659A.885, to such legal or equitable relief as 

may be appropriate to effectuate the purpose of O.R.S. §659A.199, including without limitation 

compensatory or statutory damages, punitive damages, injunctive relief, and any other equitable 

relief that may be appropriate, including but not limited to reinstatement with or without back 

pay and reasonable attorney fees and costs. 

Fifth Claim – Violation of Oregon Timely Payment of Wages Law 

(Defendant Fery) 

50. Defendant Fery failed to pay Plaintiff all of his wages when due upon termination 

of his employment within the time specified in O.R.S. 652.140. 

51. Defendant Fery’s failure to pay Plaintiff all of his wages upon termination of 

employment was willful. 

52. Plaintiff is entitled, under O.R.S. § 652.150, to recover penalty damages in an 

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amount equal to 240 times his hourly wage rate, plus reasonable attorney fees and costs, for 

Defendant Fery’s failure to pay Plaintiff’s wages upon termination.

PRAYER FOR RELIEF 

WHEREFORE, Plaintiff respectfully requests that the Court grant the following relief: 

1. Award Plaintiff his unpaid minimum wages pursuant to 29 U.S.C § 206 and 

liquidated damages pursuant to 29 U.S.C. § 216(b); 

2. Award Plaintiff his unpaid overtime wages pursuant to 29 U.S.C. § 207 and 

liquidated damages pursuant to 29 U.S.C. § 216(b); 

 3. Award Plaintiff his unpaid minimum wages pursuant to O.R.S. §§ 653.025 and 

653.055; 

 4. Award Plaintiff his unpaid overtime wages pursuant to O.R.S. § 653.261, OAR 

839-020-0030 and O.R.S. § 653.055; 

 5. Award Plaintiff such legal or equitable relief as may be appropriate to effectuate 

the purposes of 29 U.S.C. 215(a)(3), including without limitation reinstatement, the payment of 

wages lost and an additional equal amount as liquidated damages; 

 6. Award Plaintiff compensatory or statutory damages, punitive damages, injunctive 

relief, reinstatement, and any other equitable relief as the Court finds appropriate to compensate 

him for unlawful discrimination pursuant to O.R.S. §659A.885; 

 7. Award Plaintiff civil penalties in the amount of 240 times Plaintiff’s hourly wage 

pursuant to O.R.S. § 653.055, for failure to pay state minimum and overtime wages; 

 8. Award Plaintiff civil penalties in the amount of 240 times Plaintiff’s hourly wage 

pursuant to O.R.S. § 652.150, for failure to pay Plaintiff’s wages promptly upon termination; 

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 9. Award Plaintiff reasonable attorney fees and costs under 29 U.S.C. § 216(b) and 

O.R.S. §§ 652.150, 652.200, 653.055, and 659A.885; 

10. Award Plaintiff pre-judgment interest on sums due under the state law claims and 

post-judgment interest on all claims; and 

 11. Award Plaintiff such other relief as this Court deems just and proper. 

Respectfully submitted this 31st day of August, 2015. 

 

/s Bonnie Allen-Sailer________ 

Bonnie Allen-Sailer, OSB #145178 

bonnie@nwjp.org 

Northwest Workers’ Justice Project 

812 SW Washington, Suite 1100 

Portland, OR 97205 

Telephone: (503) 525-8454 

Facsimile: (503) 946-3029 

Attorney for Plaintiff 

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