1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Stephanie R. Leach

PLLC

2415 E. CAMELBACK RD., SUITE 700

Phoenix, Arizona 85016

(602) 753-9276

Stephanie R. Leach (#023739)

STEPHANIE R. LEACH, PLLC

2415 E. Camelback Rd., Suite 700

Phoenix, AZ 85016

Telephone: (602) 753-9276

Stephanie@azemploymentattorney.com

Attorneys for Lori Anderson

IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF ARIZONA

Lori Anderson,

Plaintiff,

v.

WD Electric, LLC and Walter Dollbaum,

Defendants.

_____________________________ 

COMPLAINT

(JURY TRIAL DEMANDED)

Plaintiff Lori Anderson (“Plaintiff”) for her Complaint against the above-named 

Defendants, hereby brings this action for unpaid wages under Arizona Revised Statute Title 

23 (the “Arizona Wage Act”), unpaid overtime compensation, unpaid minimum wage, 

declaratory relief, and other relief under the Fair Labor Standards Act, as amended, 29 

U.S.C. Section 216(b) (“FLSA”) and alleges as follows:

1. This is an action for unpaid wages, liquidated damages, attorneys’ fees, costs 

and interest under the FLSA and the Arizona Wage Act. 

2. At all material times hereto, Plaintiff is an individual residing in Pima 

County, Arizona.

3. Defendant WD Electric, LLC (“WD”) is an Arizona Limited Liability 

Company. At all times relevant hereto, WD was duly licensed to do business in Coconino 

County, Arizona. Defendant WD does business, has offices and/or maintains against for the 

transaction of its customary business in Coconino County, and Pima County, Arizona. 

Case 4:18-cv-00001-LAB Document 1 Filed 01/02/18 Page 1 of 8
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Stephanie R. Leach

PLLC

2415 E. CAMELBACK RD., SUITE 700

Phoenix, Arizona 85016

(602) 753-9276

- 2 -

4. At all relevant times, Plaintiff was an employee of Defendant WD, and 

Defendant WD was an employer, as those terms are defined under the FLSA. At all relevant 

times, Defendant WD, had the authority to hire and fire employees, supervised and controlled 

work schedules or the conditions of employment, determined the rate and method of 

payment, and maintained employment records in connection with Plaintiff’s employment 

with Defendant WD. Defendant WD was an employer subject to the FLSA and the Arizona 

Wage Act, and employed Plaintiff as an employee. 

5. At all relevant times, Defendant Walter Dollbaum (“Defendant Dollbaum”) 

owns, operates as a manager of, operates as a member of, and/or possesses a similar interest 

in Defendant WD. At all relevant times, Defendant Dollbaum had the authority to hire and 

fire employees, supervised and controlled work schedules or the conditions of employment, 

determined the rate and method of payment, and maintained employment records in 

connection with Plaintiff’s employment with Defendant WD. At all relevant times, 

Defendant Dollbaum was an employer subject to the FLSA and Arizona Wage Act and 

employed Plaintiff as an employee. 

6. Defendant Dollbaum is an individual residing in Coconino County, Arizona. 

7. At all relevant times, Defendant WD has been and continues to be an 

employer within the meaning of A.R.S. § 23-350(3).

8. At all relevant times, all Defendants have been and continue to be employers 

within the meaning of the FLSA.

9. At all relevant times, Plaintiff was an employee of Defendant WD within the 

meaning of A.R.S. § 23-350(2).

10. At all relevant times, Plaintiff was an employee of all Defendants within the 

meaning of the FLSA. 

11. Defendants individually and/or through an enterprise or agent, directed and 

exercised control over Plaintiff’s work and wages at all relevant times. 

12. Plaintiff, in her work for Defendants, was employed by an enterprise engaged 

Case 4:18-cv-00001-LAB Document 1 Filed 01/02/18 Page 2 of 8
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Stephanie R. Leach

PLLC

2415 E. CAMELBACK RD., SUITE 700

Phoenix, Arizona 85016

(602) 753-9276

- 3 -

in commerce that had annual gross sales of at least $500,000.00.

13. Defendants employed Plaintiff from approximately October 1, 2017 through 

December 5, 2018. Throughout the duration of her employment with Defendants, Plaintiff 

worked as an Office Manager.

14. During her employment, she was an exemplary employee. 

15. Ms. Anderson worked incessantly on behalf of the Company. She frequently 

worked over 12 hours per day, and oftentimes more. She also worked on the weekends. 

16. Unfortunately for Ms. Anderson, the Company failed to pay Ms. Anderson

her wages in a timely matter. By way of example alone, the Company failed to pay Ms. 

Anderson at all until June 15, 2017. 

17. As of June 15, 2017, Ms. Anderson was owed wages of $17,333.33. 

18. Plaintiff attempted several times to obtain payment from Defendant in a good 

faith attempt to recover the wages Defendants owed her. 

19. As a result of Defendant’s failure to pay wages during the relevant time 

period, Plaintiff was forced to perform work without any compensation from Defendants, 

such that the average of Plaintiff’s wages over her regular 40-hour workweek fell below the 

overall minimum wage for one or more workweeks, in violation of 29 U.S.C. § 206(a).

20. As a result of Defendant’s failure to pay wages during the relevant time 

period, Plaintiff was forced to perform work without any compensation from Defendants, 

such that the average of Plaintiff’s wages over her regular 40-hour workweek fell below the 

overall minimum wage for one or more workweeks, in violation of A.R.S. § 23-363.

21. As a result of Defendant’s failure to pay wages during the relevant time 

period, Plaintiff was forced to perform work without any compensation from Defendants, in 

violation of A.R.S. Title 23, Chapter 2.

22. Additionally, for the entire duration of Plaintiff’s employment with 

Defendants, Plaintiff was a non-exempt employee pursuant to the FLSA, 29 U.S.C. § 201 et 

seq.

Case 4:18-cv-00001-LAB Document 1 Filed 01/02/18 Page 3 of 8
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Stephanie R. Leach

PLLC

2415 E. CAMELBACK RD., SUITE 700

Phoenix, Arizona 85016

(602) 753-9276

- 4 -

23. Plaintiff was expected to, and did, work in excess of 40 hours most 

workweeks during which Plaintiff worked for Defendants. 

24. Despite working more than 40 hours per week during most workweeks, 

Plaintiff was never compensated one and one half times her regular rate of pay for such time 

worked, in violation of 29 U.S.C. § 207(a).

25. As a result of Defendants’ failure to compensate Plaintiff at a rate of one and 

one half times her regular rate of pay for all hours worked in excess of 40 hours per week, 

Defendants violated the FLSA 29 U.S.C. § 207(a).

26. Plaintiff also incurred significant office expenses as part of her employment 

with Defendants. 

27. Defendants understood that Plaintiff expected to be reimbursed for the 

expenses she made on behalf of the Company. 

28. Defendants failed to reimburse Plaintiff for Company expenses. 

COUNT I - FAILURE TO PAY MINIMUM WAGE

(Violations of 29 U.S.C. §206(a)) (As against all Defendants)

29. The above allegations are incorporated herein.

30. Defendants knowingly and in bad faith failed to pay wages due to Plaintiff 

such that the average of her rate of pay, when averaged across her regular workweeks, was 

less than the applicable minimum wage, in violation of 29 U.S.C. §206(a). Pursuant to 29 

U.S.C. §216(b), Plaintiff is therefore entitled to recover in this civil action her unpaid wages 

and an additional amount equal to the unpaid wages.

31. Additionally, pursuant to 29 U.S.C. §216(b), Plaintiff is entitled to recover 

interest and reasonable attorneys’ fees and costs. 

COUNT II – FAILURE TO PAY OVERTIME WAGES

(Violations of 29 U.S.C. §207(a)) (against all Defendants)

32. The above allegations are incorporated herein.

33. Defendants knowingly and in bad faith failed to pay one and one half times 

Case 4:18-cv-00001-LAB Document 1 Filed 01/02/18 Page 4 of 8
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Stephanie R. Leach

PLLC

2415 E. CAMELBACK RD., SUITE 700

Phoenix, Arizona 85016

(602) 753-9276

- 5 -

Plaintiff’s regular rate of pay for all the time that Defendants suffered or permitted Plaintiff 

to work in excess of 40 hours per week. Pursuant to 29 U.S.C. §207(a), Plaintiff is therefore 

entitled to recover in this civil action an additional amount that is equal to the amount of the 

unpaid wages. 

34. Additionally, pursuant to 29 U.S.C. §216(b), Plaintiff is entitled to recover 

interest and reasonable attorneys’ fees and costs. 

COUNT III – FAILURE TO PAY MINIMUM WAGE

(A.R.S. § 23-363)(against Defendant WD)

35. The above allegations are incorporated herein.

36. Defendant WD knowingly and in bad faith failed to pay minimum wages due 

to Plaintiff, such that the average of her hourly rate of pay, when averaged across her regular 

workweeks, was less than the applicable minimum wage, in violation of A.R.S. § 23-363.

37. Pursuant to A.R.S. § 23-364, Plaintiff if therefore entitled to recover in this 

civil action her unpaid wages and an additional amount equal to twice the amount of the 

unpaid wages. Additionally, pursuant to A.R.S. § 23-364, Plaintiff is entitled to reasonable 

attorneys’ fees and costs. 

COUNT IV – FAILURE TO PAY WAGES

(Violation of A.R.S. § 23-355) (Against all Defendants)

38. The above allegations are incorporated herein.

39. Defendants WD and Dollbaum knowingly and in bad faith failed to pay 

salary due to Plaintiff in the approximate amount of $17,333.33.

40. Pursuant to A.R.S. § 23-355, Plaintiff if therefore entitled to recover in this 

civil action an amount that is treble the amount of the unpaid wages, approximately 

$52,000.00.

COUNT V – BREACH OF CONTRACT

(Against all Defendants)

1. The above allegations are incorporated herein.

Case 4:18-cv-00001-LAB Document 1 Filed 01/02/18 Page 5 of 8
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Stephanie R. Leach

PLLC

2415 E. CAMELBACK RD., SUITE 700

Phoenix, Arizona 85016

(602) 753-9276

- 6 -

2. The Parties’ course of performance evidences a valid and enforceable 

contract. 

3. Defendants have failed and refused to perform their material obligations 

under the Parties’ contract.

4. Defendants’ failure and refusal to perform under the terms of the Parties’ 

contract constitutes a material breach of the contract.

5. As a result of Defendants’ breach of the Parties’ contract, Plaintiff has 

incurred damages in an amount to be determined at trial. Plaintiff is also entitled to statutory 

interest and attorney fees and costs under A.R.S. §§ 12-341 and 12-341.01(A).

COUNT VI – PROMISSORY ESTOPPEL

(Against all Defendants)

6. The above allegations are incorporated herein.

7. Defendants made specific promises to Plaintiff – namely, that Plaintiff was 

to be compensated at a salary of $500 weekly and that she would be reimbursed for the office 

expenses she made. 

8. Defendants failed to perform consistent with their promises for payment.

9. As a result of Defendants’ breach of the Parties’ contract, Plaintiff has 

incurred damages in an amount to be determined at trial. Plaintiff is also entitled to statutory 

interest and attorneys’ fees and costs under A.R.S. §§ 12-341 and 12-341.01(A).

COUNT VII – UNJUST ENRICHMENT

(Against All Defendants)

10. The above allegations are incorporated herein.

11. Defendants received the benefit of the contractual services provided by 

Plaintiff.

12. Plaintiff has been impoverished by Defendants’ receipt of the benefit 

conferred upon them. 

13. As a result of Defendants’ receipt of benefit and Plaintiff’s impoverishment, 

Case 4:18-cv-00001-LAB Document 1 Filed 01/02/18 Page 6 of 8
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Stephanie R. Leach

PLLC

2415 E. CAMELBACK RD., SUITE 700

Phoenix, Arizona 85016

(602) 753-9276

- 7 -

Plaintiff has incurred damages in an amount to be determined at trial. 

COUNT VIII – BREACH OF THE COVENANT OF GOOD FAITH AND FAIR 

DEALING

(Against All Defendants)

14. The above allegations are incorporated herein.

15. Implied in every contract is a covenant of good faith and fair dealing.

16. Defendants are in breach of the covenant of good faith and fair dealing 

because they failed to pay Plaintiff for her services, and further delayed her payment for 

those services even while acknowledging the moneys as due.

17. Plaintiff requests an award of attorneys’ fees and costs against Defendants 

and each of them.

18. Plaintiff is further entitled to prejudgment interest at the legal rate per annum 

and damages according to proof.

GENERAL PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays for relief against Defendants as follows:

A. Against all Defendants on Counts I and II for all of Plaintiff’s unpaid 

minimum and overtime wage, an equal amount of Plaintiff’s unpaid 

minimum and overtime wages in liquidated damages owed to which all 

Defendants failed to pay to Plaintiff in violation of the FLSA, plus Plaintiff’s 

reasonable attorneys’ fees and costs incurred in the prosecution of this action 

pursuant to 29 U.S.C. § 216(b);

B. Against WD on Count III for all of Plaintiff’s unpaid minimum wages, an 

additional amount that is equal to twice the amount of Plaintiff’s unpaid 

minimum wages which Defendant WD failed to pay Plaintiff in violation of 

the Arizona Wage Act, pre-judgment and post-judgment interest, plus 

Plaintiff’s reasonable attorneys’ fees and costs incurred in the prosecution of 

this action pursuant to A.R.S. § 23-364, and for such other and further relief 

Case 4:18-cv-00001-LAB Document 1 Filed 01/02/18 Page 7 of 8
1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

26

27

28

Stephanie R. Leach

PLLC

2415 E. CAMELBACK RD., SUITE 700

Phoenix, Arizona 85016

(602) 753-9276

- 8 -

as this Court deems just and proper;

C. Against WD and Dollbaum on Count IV for an amount that is treble the 

amount of wages owed to Plaintiff which Defendant WD and Dollbaum

failed to pay Plaintiff in violation of the Arizona Wage Act, pre-judgment 

and post-judgment interest, plus Plaintiff’s reasonable attorneys’ fees and 

costs incurred in the prosecution of this action pursuant to A.R.S. §§ 23-344 

and 12-341, and for such other and further relief as this Court deems just and 

proper;

D. Against all Defendants on Counts V, VI, VII and VIII for breach of contract, 

promissory estoppel, unjust enrichment and breach of the covenant of good 

faith and fair dealing, pre-judgment and post-judgment interest, plus 

Plaintiff’s reasonable attorneys’ fees and costs incurred in the prosecution of 

this action pursuant to A.R.S. §§ 23-344 and 12-341, and for such other and 

further relief as this Court deems just and proper;

RESPECTFULLY SUBMITTED this 2nd day of January, 2018.

STEPHANIE R. LEACH, PLLC.

By _/s/Stephanie R. Leach_ Stephanie R. Leach

2415 E. Camelback Rd., Suite 700

Phoenix, AZ 85016

Case 4:18-cv-00001-LAB Document 1 Filed 01/02/18 Page 8 of 8