UNITED STATES DISTRICT COURT 

DISTRICT OF NEW HAMPSHIRE 

Scott Kimball, 

 Plaintiff 

v. Civil No. 

Bonk Air Transport, Inc.

 Defendant 

COMPLAINT

 Plaintiff, Scott Kimball, brings this action for overtime wages, liquidated damages and 

attorneys’ fees pursuant to the Federal Fair Labor Standards Act (“FLSA”), 29 USC §201 et seq, 

as set forth below. 

PARTIES

 1. Plaintiff Scott Kimball is a citizen of New Hampshire with a mailing address at 76 

Rhode Island Ave., Manchester, NH 03104. 

 2. Defendant Bonk Air Transportation, Inc. is New Hampshire domestic corporation 

with a principle office and mailing address at 25 Diane Drive, Belmont, NH 03220 (registered 

agent Herbert M. Bonk). 

JURISDICTION AND VENUE

 3. Jurisdiction is conferred on this Court by 29 USC §216 and 28 USC §1331. 

 4. Venue is properly in this jurisdiction as Bonk Air Transport, Inc. has at all 

relevant times, and continuing through the date of this complaint, done substantial business in 

New Hampshire. 

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FACTUAL ALLEGATIONS

 5. At all relevant times, defendant Bonk Air Transport, Inc., was an employer within 

the definition of the Fair Labor Standards Act of 1938 §3, 29 USC §203 and plaintiff was at all 

relevant times an employee within the definition of that federal statute. 

 6. At all relevant times, Bonk Air Transport, Inc. has been engaged in commerce 

within the meaning of the FLSA. 

 7. At all relevant times, Bonk Air Transport, Inc. employed Scott Kimball for the 

purpose of facilitating the shipment of goods and freight in interstate commerce. 

 8. Bonk Air Transport, Inc., a subcontractor for DHL transportation, employed Mr. 

Kimball as a trucker, driving routes from the DHL facility in Londonderry, New Hampshire, 

beginning in June 2005. 

 9. Regardless of the number of hours worked, Mr. Kimball was paid $120 per day. 

Most often, Mr. Kimball worked five days a week, though there were weeks when he would 

work 6 days. 

 10. Although treated as a salaried employee, Mr. Kimball was, in fact, not properly 

exempted from the overtime provisions of the FLSA. 

 11. It was common for Mr. Kimball to work as many as 12 or 13 hours during a day, 

and 60 to 70 hours during a week. 

 12. During the period of his employment with Bonk Air Transport, Inc., Mr. Kimball 

performed overtime work for which no additional compensation was paid to him, in violation of 

the provisions of the FLSA. In accordance with the FLSA, Bonk Air Transport, Inc. is obligated 

to make payment to Mr. Kimball for overtime in excess of 40 hours each week, plus an 

additional amount as liquidated damages, together with an additional sum for costs and 

reasonable attorneys’ fees. 29 USC §216(b). 

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 13. Bonk Air Transport, Inc.’s failure to pay overtime was willful, and therefore, 

subject to a three-year limitation period. 29 USC §255(a). 

 WHEREFORE, Plaintiff Scott Kimball demands judgment against Bonk Air Transport, 

Inc. for all overtime owed, together with interest, liquidated damages, costs and attorneys’ fees. 

 Respectfully submitted, 

 Scott Kimball 

 

 By His Attorneys, 

 NIXON, RAICHE, VOGELMAN, BARRY & 

 SLAWSKY, P.A. 

April 15, 2008 By: /s/ David P. Slawsky 

 David P. Slawsky, NH Bar #6591 

 77 Central Street 

 Manchester, NH 03101 

 (603) 669-7070 

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