UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEW HAMPSHIRE

STEPHANIE M. BOSCH

Plaintiff

V.

TOWN OF LOUDON *

Defendant

*

*

*

*

* Civil Action No.

*

* Jury Trial Demanded

COMPLAINT

NOW COMES The Plaintiff, Stephanie M. Bosch, by and through her attorney,

Hugh T. Lee, and respectfully submits the within Complaint, stating as follows:

OVERVIEW

1. The Defendant, Town of Loudon, New Hampshire, has failed and refused to

pay wages to Officer Stephanie M. Bosch, a former employee of The Defendant, for work

that she performed in the course of her employment with The Town, in violation of the

Fair Labor Standards Act of 1938, as Amended, including but not limited to 29 U.S.C. §§

206 and 207.

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PARTIES

2. The Plaintiff, Officer Stephanie M. Bosch, resides at 25 Friar Tuck Road,

P.O. Box 76, Canterbury, NH 03224.

3. The Defendant, Town of Loudon, is a municipality organized and existing

under the laws of The State of New Hampshire, with its principal place of business at 29

South Village Road, Loudon, County of Merrimack, New Hampshire.

JURISDICTION AND VENUE

4. Jurisdiction is proper in this Court as a Federal Question, pursuant to the

provisions of the Fair Labor Standards Act of 1938, as Amended, including but not limited

to 29 U.S.C. §216(b) and 28 U.S.C. §1331.

5. Venue is proper in this District pursuant to the provisions of 28 U.S.C.

§ 1391(b)(2).

FACTS

6. Plaintiff, Officer Stephanie M. Bosch, began working for The Defendant as

a police officer on or about February 7, 2005 and resigned from said employment on or

about October 2006.

7. At all relevant times, The Defendant, Town of Loudon, was an employer as

defined by The Fair Labor Standards Act of 1938, as Amended, 29 U.S.C. §203, and

Plaintiff was, at all relevant times, an employee as defined by that Act.

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8. No exemption from the requirements of the Fair Labor Standards Act, as

Amended, would justify The Defendant's failure and refusal to pay wages to Plaintiff for

all hours actually worked.

9. During her employment, for approximately a twelve-week period, Officer

Bosch was required by the Defendant to attend the State Police Academy on a full-time

basis and in lieu of her regular work assignments within The Town of Loudon. During this

period of time Officer Bosch routinely worked in excess of 40 hours per week, but was

paid by the Defendant for only forty hours per week.

10. On one or more occasions during the period of Officer Bosch's employment

by the Defendant, following her completion of Police Academy Training, The Defendant

failed to pay Officer Bosch straight-time and/or overtime pay for hours actually worked.

11. The Defendant required, permitted or suffered Officer Bosch to work as an

employee, for which she has not been paid, either at a straight-time rate or at an overtime

rate. Furthermore, Defendant has failed to maintain accurate records of the hours actually

worked by Officer Bosch, during the course of her employment by the Defendant.

12. The Defendant, through its chief of police, was and is on notice that Officer

Bosch worked hours for which she has not been paid, either at a straight-time and/or

overtime rate.

13. Despite Defendant's knowledge that Officer Bosch worked hours for which

she was not paid wages, Defendant has willfully refused to pay Officer Bosch wages to

which she is legally entitled.

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14. At all times during her employment by The Defendant, Officer Bosch was a

non-exempt employee and as such was entitled to receive straight-time pay as well as

overtime pay for all hours worked in excess of 40 hours per week.

COUNT I

(Violation of The Fair Labor Standards Act of 1938, as Amended - Failure to uav

Straight-Time and/or Overtime Compensation)

15. The allegations of the preceding paragraphs 1 through 14 are incorporated

herein by reference.

16. In violation of The Fair Labor Standards Act of 1938, as Amended,

including but not limited to 29 U.S.C. §§ 206 and 207, the Defendant failed and refused to

pay Officer Bosch straight-time and/or overtime compensation for all hours that she was

required, permitted or suffered to work.

17. The Defendant's violations of the Fair Labor Standards Act of 1938, as

Amended, including but not limited to 29 U.S.C. §207, were willful.

18. The Defendant's violations of the Fair Labor Standards Act of 1938, as

Amended, including but not limited to 29 U.S.C. §§ 206, 207 and 216, entitle Officer

Bosch to recover unpaid straight-time and/or overtime compensation for many of the pay

periods during the course of her employment by the Defendant, plus liquidated damages,

her reasonable attorney's fees, interest and costs, and other damages allowed by law.

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COUNT II

(Violation of The Fair Labor Standards Act of 1938, as Amended - Failure to

Maintain Records)

19. The allegations of the preceding paragraphs 1 through 14 are incorporated

herein by reference.

20. In violation of the Fair Labor Standards Act of 1938, as Amended,

including but not limited to 29 U.S.C. §211, the Defendant failed to maintain accurate

records of the hours worked by Officer Bosch and as a result failed to pay Officer Bosch

straight-time compensation and/or overtime compensation for all hours worked as an

employee of the Defendant.

21. The Defendant's violations of the Fair Labor Standards Act of 1938, as

Amended, including but not limited to 29 U.S.C. §211, were willful.

22. The Defendant's violations of the Fair Labor Standards Act of 1938, as

Amended, including but not limited to 29 U.S.C. §211 and §216, entitle Officer Bosch to

recover unpaid wages for many of the pay periods during the course of her employment by

the Defendant, plus liquidated damages, her reasonable attorney's fees, interest and costs,

and other damages allowed by law.

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PRAYER FOR RELIEF

WSHEREFORE, the Plaintiff, Officer Stephanie M. Bosch, respectfully requests that this

Honorable Court:

A. Award judgment against Defendant for such amount as may be determined

by a jury for unpaid wages and overtime compensation, which amount is anticipated to be

in excess of $4,800, together with statutory liquidated damages in an equal amount, plus

interest and costs and attorney's fees; and

B. Grant such other and further relief as is just and equitable.

JURY DEMAND

Plaintiff, Officer Stephanie M. Bosch, demands a trial by jury

RESPECTFULLY SUBMITTED:

Stephanie M. Bosch, Plaintiff

By her attorney:

Hugh T. Lee, Attorney at Law

Dated: February 5, 2007 By: /s/ Hugh T. Lee

Hugh T. Lee, Esquire

NH Bar. No. 6524

22 FeaTherbed Lane

P.O. Box 830

Derry, NH 03038

Phone: (603) 396-3527

Email: HTL@comcast.net

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