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ZOLDAN LAW GROUP, P

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Michael Zoldan; AZ Bar No. 028128

Jason Barrat; AZ Bar No. 029086

ZOLDAN LAW GROUP, PLLC

8100 E. Indian School Road

Suite 103

Scottsdale, Arizona 85251

Tel & Fax: 480.442.3410

mzoldan@zoldangroup.com

jbarrat@zoldangroup.com

Attorneys for Plaintiffs

UNITED STATES DISTRICT COURT

DISTRICT OF ARIZONA

Deoncea O’Neal, and Ryan White, Individually, and on Behalf of All Others 

Similarly Situated,

 Plaintiffs, 

v.

America’s Best Tire, LLC, an Arizona 

limited liability company; Camelback 

Automotive Repair, LLC, an Arizona 

limited liability company; America’s Best 

Tire Grand, LLC, an Arizona limited 

liability company; America’s Best Tire 

Glendale, LLC, an Arizona limited 

liability company; America’s Best Tire 

203, LLC, an Arizona limited liability 

company; America’s Best Tire 101, LLC, an Arizona limited liability company; 

America’s Best Employment Services, 

LLC, an Arizona limited liability 

company; America’s Best Wholesale 

Tire, LLC, an Arizona limited liability 

company; America’s Best Tire Mesa, 

LLC, an Arizona limited liability 

company; America’s Best Transportation 

Services, LLC, an Arizona limited liability 

company; America’s Best Tire Peoria, 

LLC, an Arizona limited liability 

company; America’s Best Tire Buckeye, 

LLC, an Arizona limited liability 

company; America’s Best Tire Van 

Buren, LLC, an Arizona limited liability 

company; America’s Best Wholesale Tire 

Tucson, LLC, an Arizona limited liability 

company; America’s Best Tire Wholesale 

Tire LV, LLC, an Arizona limited liability 

No. ___________________________

COLLECTIVE ACTION COMPLAINT 

FOR COMPENSATION UNDER 29 

U.S.C. § 201, ET SEQ.

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ZOLDAN LAW GROUP, P

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Page 2 of 23

company; AZ Best Automotive, LLC, an 

Arizona limited liability company; AZ Best 

Tire 4097, LLC, an Arizona limited 

liability company; Arizona Best Tire 

Services, LLC, an Arizona limited liability 

company; AZ Best Tire 3902, LLC, an 

Arizona limited liability company; AZ Best 

Tire, LLC, an Arizona limited liability 

company; AZ Best Tire 7048, LLC, an 

Arizona limited liability company; AZ Best 

Tire 8334, LLC, an Arizona limited 

liability company; Arizona Best Mobile 

Tire Services, LLC, an Arizona limited 

liability company; AZ Best Tire & Auto 

1355, LLC, an Arizona limited liability 

company; AZ Best Tire 5201, LLC, an 

Arizona limited liability company; Travis 

M. Dees and Jane Doe Dees, husband and 

wife, Arizona residents; Andrew Dees and 

Jane Doe Dees, husband and wife, Arizona 

residents,

 Defendants.

Plaintiffs, Deoncea O’Neal (“Plaintiff O’Neal”) and Ryan White (“Plaintiff 

White”) (collectively “Plaintiffs”), individually, and on behalf of all other persons 

similarly situated who are current or former tire porters and/or crew members of 

Defendants (“Collective Members”) allege as follows:

PRELIMINARY STATEMENT

1. Plaintiffs and the Collective Members are current and former employees of 

Defendants and bring this action on behalf of themselves and all similarly-situated current 

and former tire porters and/or crew members who were compensated on an hourly basis, 

and who were not paid one-and-one-half times their regular rates of pay for all time 

worked in excess of 40 hours in a given workweek. 

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2. Plaintiffs and the Collective Members bring this action against America’s 

Best Tire1 for its unlawful failure to pay overtime and minimum wage in violation of the 

Fair Labor Standards Act, 29 U.S.C. § 201-219 (hereinafter “FLSA”).

3. This is an action for equitable relief, minimum wages, overtime wages, 

unpaid wages, liquidated damages, interest, attorneys’ fees, and costs under the FLSA.

4. The FLSA was enacted “to protect all covered workers from substandard 

wages and oppressive working hours.” Under the FLSA, employers must pay all nonexempt employees one-and-one-half times their regular rates of pay for all time spent 

working in excess of 40 hours per workweek. See 29 U.S.C. § 207(a).

JURISDICTION AND VENUE

5. This Court has subject matter jurisdiction pursuant to 28 U.S.C. § 1331 and 

29 U.S.C. § 201, et seq. 

6. Venue is proper in this district pursuant to 28 U.S.C. § 1391(b) and (c) 

because acts giving rise to the claims of the Plaintiffs and the Collective Members 

occurred within the District of Arizona, and Defendants regularly conduct business in and 

have engaged in the wrongful conduct alleged herein – and, thus, are subject to personal 

jurisdiction in – this judicial district.

PARTIES

7. At all relevant times to the matters alleged herein, Plaintiffs Deoncea 

O’Neal and Ryan White resided in the State of Arizona in Maricopa County.

 1 For simplicity purposes, all Defendants to this action shall be collectively referred to as either 

“America’s Best Tire” or “Defendants” unless specified otherwise.

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8. At all material times, Plaintiff O’Neal was a full-time, non-exempt

employee of America’s Best Tire on or around May 2012 until on or around December 

2014.

9. At all relevant times, Plaintiff O’Neal was employed to perform various 

tasks during his tenure at America’s Best Tire, such as cashiering, installing tires on cars, 

washing and painting tires, stacking tires in the yard, organizing tires, cleaning the shop, 

doing yard work, and generally helping customers.

10. At all relevant times, Plaintiff O’Neal was an employee of America’s Best 

Tire as defined in 29 U.S.C. § 203(e)(1) and was a non-exempt employee under 29 U.S.C. 

§ 213(a)(1).

11. At all material times, Plaintiff White was a full-time, non-exempt employee 

of America’s Best Tire on or around April 2012 until on or around February 2014.

12. At all relevant times, Plaintiff White was employed to perform various tasks 

during his tenure at America’s Best Tire, such as cashiering, installing tires on cars, 

washing and painting tires, stacking tires in the yard, organizing tires, cleaning the shop, 

doing yard work, and generally helping customers.

13. At all relevant times, Plaintiff White was an employee of America’s Best 

Tire as defined in 29 U.S.C. § 203(e)(1) and was a non-exempt employee under 29 U.S.C. 

§ 213(a)(1).

14. Plaintiffs have given their written consent to be party Plaintiffs in this action 

pursuant to U.S.C. § 216(b), true and accurate copies of which are appended hereto.

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ZOLDAN LAW GROUP, P

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Page 5 of 23

15. Plaintiffs bring this case on behalf of themselves and on behalf of all other 

persons similarly situated who are current or former tire porters of Defendants who agree 

in writing to join this action seeking recovery under the FLSA.

16. Plaintiffs bring this action on behalf of themselves and all other similarly 

situated current and former employees– specifically, tire porters and/or crew members of 

Defendants that were not paid one-and-one-half times their regular rates of pay for all 

time worked in excess of forty (40) hours per workweek that Defendants suffered or 

permitted them to work, whether on the clock or off the clock, after regular business hours 

at home, and/or on weekends (the “Collective Members”). 

17. The Collective Members are all current and former tire porters and/or crew 

members who were employed by Defendants at any time starting three years before this 

Complaint was filed, up to the present.

18. Defendant America’s Best Tire, LLC, is an Arizona limited liability 

company, authorized to do business in the State of Arizona and was at all relevant times 

Plaintiffs’ and the Collective Members’ employer as defined by 29 U.S.C. § 203(d).

19. Defendant Camelback Automotive Repair, LLC, is an Arizona limited 

liability company, authorized to do business in the State of Arizona and was at all relevant 

times Plaintiffs’ and the Collective Members’ employer as defined by 29 U.S.C. § 203(d).

20. Defendant America’s Best Tire Grand, LLC, is an Arizona limited liability 

company, authorized to do business in the State of Arizona and was at all relevant times 

Plaintiffs’ and the Collective Members’ employer as defined by 29 U.S.C. § 203(d).

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Page 6 of 23

21. Defendant America’s Best Tire Glendale, LLC, is an Arizona limited 

liability company, authorized to do business in the State of Arizona and was at all relevant 

times Plaintiffs’ and the Collective Members’ employer as defined by 29 U.S.C. § 203(d).

22. Defendant America’s Best Tire 203, LLC, is an Arizona limited liability 

company, authorized to do business in the State of Arizona and was at all relevant times 

Plaintiffs’ and the Collective Members’ employer as defined by 29 U.S.C. § 203(d).

23. Defendant America’s Best Tire 101, LLC, is an Arizona limited liability 

company, authorized to do business in the State of Arizona and was at all relevant times 

Plaintiffs’ and the Collective Members’ employer as defined by 29 U.S.C. § 203(d).

24. Defendant America’s Best Employment Services, LLC, is an Arizona 

limited liability company, authorized to do business in the State of Arizona and was at all 

relevant times Plaintiffs’ and the Collective Members’ employer as defined by 29 U.S.C. 

§ 203(d).

25. Defendant America’s Best Wholesale Tire, LLC, is an Arizona limited 

liability company, authorized to do business in the State of Arizona and was at all relevant 

times Plaintiffs’ and the Collective Members’ employer as defined by 29 U.S.C. § 203(d).

26. Defendant America’s Best Tire Mesa, LLC, is an Arizona limited liability 

company, authorized to do business in the State of Arizona and was at all relevant times 

Plaintiffs’ and the Collective Members’ employer as defined by 29 U.S.C. § 203(d).

27. Defendant America’s Best Transportation Services, LLC, is an Arizona 

limited liability company, authorized to do business in the State of Arizona and was at all 

relevant times Plaintiffs’ and the Collective Members’ employer as defined by 29 U.S.C. 

§ 203(d).

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28. Defendant America’s Best Tire Peoria, LLC, is an Arizona limited liability 

company, authorized to do business in the State of Arizona and was at all relevant times 

Plaintiffs’ and the Collective Members’ employer as defined by 29 U.S.C. § 203(d).

29. Defendant America’s Best Tire Buckeye, LLC, is an Arizona limited 

liability company, authorized to do business in the State of Arizona and was at all relevant 

times Plaintiffs’ and the Collective Members’ employer as defined by 29 U.S.C. § 203(d).

30. Defendant America’s Best Tire Van Buren, LLC, is an Arizona limited 

liability company, authorized to do business in the State of Arizona and was at all relevant 

times Plaintiffs’ and the Collective Members’ employer as defined by 29 U.S.C. § 203(d).

31. Defendant America’s Best Wholesale Tire Tucson, LLC, is an Arizona 

limited liability company, authorized to do business in the State of Arizona and was at all 

relevant times Plaintiffs’ and the Collective Members’ employer as defined by 29 U.S.C. 

§ 203(d).

32. Defendant America’s Best Wholesale Tire LV, LLC, is an Arizona limited 

liability company, authorized to do business in the State of Arizona and was at all relevant 

times Plaintiffs’ and the Collective Members’ employer as defined by 29 U.S.C. § 203(d).

33. Defendant AZ Best Tire 4097, LLC, is an Arizona limited liability 

company, authorized to do business in the State of Arizona and was at all relevant times 

Plaintiffs’ and the Collective Members’ employer as defined by 29 U.S.C. § 203(d).

34. Defendant Arizona Best Tire Services, LLC, is an Arizona limited liability 

company, authorized to do business in the State of Arizona and was at all relevant times 

Plaintiffs’ and the Collective Members’ employer as defined by 29 U.S.C. § 203(d).

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Page 8 of 23

35. Defendant AZ Best Tire 3902, LLC, is an Arizona limited liability 

company, authorized to do business in the State of Arizona and was at all relevant times 

Plaintiffs’ and the Collective Members’ employer as defined by 29 U.S.C. § 203(d).

36. Defendant AZ Best Tire, LLC, is an Arizona limited liability company, 

authorized to do business in the State of Arizona and was at all relevant times Plaintiffs’ 

and the Collective Members’ employer as defined by 29 U.S.C. § 203(d).

37. Defendant AZ Best Tire 7048, LLC, is an Arizona limited liability 

company, authorized to do business in the State of Arizona and was at all relevant times 

Plaintiffs’ and the Collective Members’ employer as defined by 29 U.S.C. § 203(d).

38. Defendant AZ Best Tire 8334, LLC, is an Arizona limited liability 

company, authorized to do business in the State of Arizona and was at all relevant times 

Plaintiffs’ and the Collective Members’ employer as defined by 29 U.S.C. § 203(d).

39. Defendant Arizona Best Mobile Tire Services, LLC, is an Arizona limited 

liability company, authorized to do business in the State of Arizona and was at all relevant 

times Plaintiffs’ and the Collective Members’ employer as defined by 29 U.S.C. § 203(d).

40. Defendant AZ Best Tire & Auto 1355, LLC, is an Arizona limited liability 

company, authorized to do business in the State of Arizona and was at all relevant times 

Plaintiffs’ and the Collective Members’ employer as defined by 29 U.S.C. § 203(d).

41. Defendant AZ Best Tire 5201, LLC, is an Arizona limited liability 

company, authorized to do business in the State of Arizona and was at all relevant times 

Plaintiffs’ and the Collective Members’ employer as defined by 29 U.S.C. § 203(d).

42. Defendant Travis M. Dees and Jane Doe Dees are, upon information and 

belief, husband and wife. They have caused events to take place giving rise to this action 

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Page 9 of 23

as to which their marital community is fully liable. Travis M. Dees is the Owner of 

America’s Best Tire and was at all relevant times Plaintiffs’ and the Collective Members’ 

employer as defined by 29 U.S.C. § 203(d). Jane Doe Dees is the Owner of America’s 

Best Tire.

43. Under the FLSA, Defendants Travis M. Dees and Jane Doe Dees are 

employers. The FLSA defines “employer” as any individual who acts directly or 

indirectly in the interest of an employer in relation to an employee. Defendants Travis M. 

Dees and Jane Doe Dees are the owner of America’s Best Tire. They 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 Plaintiffs’ and the Collective Members’ employment with 

America’s Best Tire. As persons who acted in the interest of America’s Best Tire in 

relation to the company’s employees, Travis M. Dees and Jane Doe Dees are subject to 

individual liability under the FLSA.

44. Defendant Andrew Dees and Jane Doe Dees are, upon information and 

belief, husband and wife. They have caused events to take place giving rise to this action 

as to which their marital community is fully liable. Andrew Dees is the Owner of 

America’s Best Tire and was at all relevant times Plaintiffs’ and the Collective Members’ 

employer as defined by 29 U.S.C. § 203(d). Jane Doe Dees is the Owner of America’s 

Best Tire.

45. Under the FLSA, Defendants Andrew Dees and Jane Doe Dees are 

employers. The FLSA defines “employer” as any individual who acts directly or 

indirectly in the interest of an employer in relation to an employee. Defendants Andrew 

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Dees and Jane Doe Dees are the owner of America’s Best Tire. They 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 Plaintiffs’ and the Collective Members’ employment with 

America’s Best Tire. As persons who acted in the interest of America’s Best Tire in 

relation to the company’s employees, Andrew Dees and Jane Doe Dees are subject to 

individual liability under the FLSA.

46. Further, at all material times, Defendants have operated as a “single 

enterprise” within the meaning of Section 203(r)(1) of the FLSA. 29 U.S.C. § 203(r)(1). 

That is, Defendants perform related activities through unified operation and common 

control for a common business purpose. 

47. Defendants operate a chain of stores that sell or otherwise distribute new 

and used automobile tires to consumers under the assumed names of “America’s Best 

Tire” and “AZ Best Tire.” Indeed, they advertise themselves as such on their website. 

Defendants operate each America’s Best Tire and AZ Best Tire almost identically, and 

their customers can expect the same kind of customer service regardless of the location.

48. Defendants represent themselves to the general public as either “America’s 

Best Tire” or “AZ Best Tire”–operating at multiple locations. According to the Arizona 

Corporation Commission website, “AZ Best Tire” is a trade name owned by America’s 

Best Tire, LLC. Defendants share employees, have a common management, pool their 

resources, operate from the same headquarters, have common ownership, and have the 

same operating name. This is a family of tire stores that provides the same array of 

services to its customers and uses the same business model. The “AZ Best Tire” and 

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Page 11 of 23

“America’s Best Tire” family of tire stores exist under the control and direction of 

Defendants. The family of tire stores provides the same services and products to its 

customers by using a set formula when conducting its business. Part of that set formula is 

the wage violation alleged in this Complaint. These facts represent a classic example of 

“corporate fragmentation.”

49. Plaintiffs are further informed, believe, and thereon allege that each of the 

Defendants herein gave consent to, ratified, and authorized the acts of all other 

Defendants, as alleged herein.

50. Defendants, and each of them, are sued in both the individual and corporate 

capacities.

51. Defendants are jointly and severally liable for the injuries and damages 

sustained by Plaintiffs and the Collective Members.

52. Plaintiffs and the Collective Members, in their work for Defendants, were 

employed by an enterprise engaged in commerce that had annual gross sales made or 

business done of at least $500,000.

COLLECTIVE ACTION ALLEGATIONS

53. Plaintiffs Deoncea O’Neal and Ryan White bring this action pursuant to 29 

U.S.C. § 216(b) on their own behalves and as representatives of individuals similarly 

situated who are current or former tire porters and/or crew members of Defendants, who 

are not or were not paid one-and-one-half times their regular rates of pay for all time in 

excess of forty (40) hours per workweek that Defendants suffered or permitted them to 

work, in violation of 29 U.S.C. § 207(a), and who agree in writing to join this lawsuit 

seeking recovery under the FLSA.

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54. At all relevant times, Plaintiffs and the Collective Members are and have 

been similarly situated, have had substantially similar job requirements and pay 

provisions, and are and have been subject to Defendants’ decision, policy, plan, and 

common programs, practices, procedures, protocols, routines, and rules of willfully failing 

and refusing to pay and one-and-one-half times Plaintiffs’ and the Collective Members’ 

regular rates of pay for all time in excess of forty (40) hours per workweek that 

Defendants suffered or permitted them to work. Plaintiffs’ claims stated herein are 

essentially the same as those of the Collective Members. This action is properly 

maintained as a collective action because in all pertinent aspects the employment 

relationship of individuals similarly situated to Plaintiffs are identical or substantially 

similar.

55. Plaintiffs and the Collective Members were each compensated exclusively 

on an hourly basis for the duration of their employment with America’s Best Tire.

56. In a given workweek of Plaintiffs’ and the Collective Members’ 

employment with Defendants, Plaintiffs and the Collective Members worked more than 

forty (40) hours without being compensated for the hours worked in excess of forty (40) 

during that workweek.

57. Plaintiffs and the Collective Members all worked subject to America’s Best 

Tire’s policy of paying only straight time for all hours worked in excess of 40 hours per 

regular workweek, rather than the FLSA-mandated one-and-one-half times their regular 

rates of pay, in any given workweek, and during each and every workweek during which 

they worked for America’s Best Tire.

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58. Although Defendants permitted and/or required the Collective Members to 

work in excess of forty (40) hours per workweek, Defendants have denied them full 

compensation for their hours worked over forty (40).

59. The Collective Members perform or have performed the same or similar 

work as the Plaintiffs.

60. The Collective Members regularly work or have worked in excess of forty 

(40) hours during a given workweek.

61. The Collective Members are not exempt from receiving overtime pay.

62. As such, the Collective Members are similar, if not identical, to Plaintiffs in 

terms of job duties, pay structure, and/or the denial of overtime pay.

63. Defendants’ failure to pay overtime compensation required by the FLSA 

results from generally applicable policies or practices, and does not depend on the 

personal circumstances of the Collective Members.

64. The experiences of Plaintiffs, with respect to their pay, are typical of the 

experiences of the Collective Members.

65. While Plaintiffs and Defendants have described Plaintiffs’ and the 

Collective Members’ job title as tire porters, crew members and/or tire technicians, the 

specific job titles or precise job responsibilities of each Collective Member does not 

prevent collective treatment.

66. All class members, irrespective of their particular job requirements and job 

titles, are entitled to compensation for hours worked in excess of forty (40) during a given 

workweek.

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67. Although the exact amount of damages may vary among the Collective 

Members, the damages for the Collective Members can be easily calculated by a simple 

formula. The claims of all Collective Members arise from a common nucleus of facts. 

Liability is based on a systematic course of wrongful conduct by the Defendants that 

caused harm to all of the Collective Members.

68. As such, Plaintiffs bring their FLSA overtime claims as a collective action 

on behalf of the following class:

The FLSA Collective Members are all of Defendants’ current 

and former tire porters, crew members and/or tire technicians–

employees who worked for Defendants, and who were 

compensated on an hourly basis, and who were not paid one-andone-half times their regular rates of pay for all time worked in 

excess of 40 hours in a given workweek, at any time starting three 

years before this lawsuit was filed up to the present.

69. Defendants’ unlawful conduct, as described in this Collective Action 

Complaint, is pursuant to a corporate policy or practice of minimizing labor costs by 

refusing and/or failing to properly compensate its employees under the FLSA.

70. Defendants are aware or should have been aware that federal law required 

them to pay employees performing non-exempt duties an overtime premium of not less 

than one-and-one-half times their regular rates of pay for hours worked in excess of forty 

(40) per workweek.

71. Defendants’ unlawful conduct has been widespread, repeated, and 

consistent.

72. This action is properly brought and maintained as an opt-in collective action 

pursuant to 29 U.S.C. § 216(b).

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ZOLDAN LAW GROUP, P

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8100 E. Indian School Rd. Suite 103 Scottsdale, Arizona 85251

Tel & Fax: 480.442.3410 – mzoldan@zoldangroup.com

Page 15 of 23

73. Upon information and belief, the individuals similarly situated to Plaintiffs 

include more than fifty (50) employees currently and/or formerly employed by 

Defendants, and Plaintiffs are unable to state the precise number of similarly-situated 

employees because that information is solely in Defendants’ possession or control, but it 

can be readily ascertained from their employment records and the records of its payroll 

processor.

74. Notice can be provided to the Collective Members via first class mail to the 

last address known to Defendants, via email at the last known email address known to 

Defendants, and via telephone at the last known telephone number known to Defendants.

FACTUAL ALLEGATIONS

75. Defendants own and/or operate as America’s Best Tire, an enterprise located 

in Maricopa County, Arizona.

76. America’s Best Tire is an Arizona business that sells or otherwise 

distributes new and used automobile tires to consumers.

77. Plaintiff Deoncea O’Neal:

a. On or around May 2012, Plaintiff O’Neal began employment with 

America’s Best Tire as a tire porter and/or crew member, performing 

various repetitive tasks such as cashiering, installing tires on cars, washing 

and painting tires, stacking tires in the yard, organizing tires, cleaning the 

shop, doing yard work, and generally helping customers.

b. Plaintiff O’Neal was not a manager. Plaintiff O’Neal did not have 

supervisory authority over any employees, did not possess the authority to 

hire or fire employees, did not possess the authority to make critical job 

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ZOLDAN LAW GROUP, P

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8100 E. Indian School Rd. Suite 103 Scottsdale, Arizona 85251

Tel & Fax: 480.442.3410 – mzoldan@zoldangroup.com

Page 16 of 23

decisions with respect to any America’s Best Tire employee, did not direct 

the work of two or more employees, and did not exercise discretion and 

independent judgment with respect to matter of significance.

c. Plaintiff O’Neal’s primary duty was not the management of the 

enterprise in which he was employed or any recognized department of the 

enterprise.

d. From May 2012 until December 2014, Plaintiff O’Neal was paid a 

rate of $9.00 per hour.

e. From the commencement of Plaintiff O’Neal’s employment in May 

2012, he was a non-exempt employee.

f. From May 2012 until December 2014, Defendants failed to properly 

compensate Plaintiff O’Neal for his overtime hours.

g. Plaintiff O’Neal routinely worked with knowledge of Defendants, 

and often at Defendants’ request, in excess of 40 hours per week during his 

tenure at America’s Best Tire.

h. Specifically, during his employment, Plaintiff O’Neal routinely 

worked in excess of 70 hours per week and was not paid the premium oneand-one-half times his regular rate as required under the FLSA for hours 

worked over 40 in a workweek.

i. In a given workweek, and during each and every workweek, of 

Plaintiff O’Neal’s employment with Defendants, Plaintiff O’Neal worked 

between approximately five (5) and forty (40) hours of overtime without 

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ZOLDAN LAW GROUP, P

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8100 E. Indian School Rd. Suite 103 Scottsdale, Arizona 85251

Tel & Fax: 480.442.3410 – mzoldan@zoldangroup.com

Page 17 of 23

being compensated at one-and-one-half times his regular rate of pay for such 

time worked.

j. Plaintiff O’Neal worked more than forty (40) hours in a given 

workweek without being compensated for the overtime hours worked during 

that workweek.

k. For example, during workweek of June 13, 2014, Plaintiff O’Neal

worked approximately 35 hours of overtime without being compensated at 

one-and-one-half times his regular rate of pay for such time worked.

78. Plaintiff Ryan White:

a. On or around April 2012, Plaintiff White began employment with 

America’s Best Tire as a tire porter and/or crew member, performing 

various repetitive tasks such as cashiering, installing tires on cars, washing 

and painting tires, stacking tires in the yard, organizing tires, cleaning the 

shop, doing yard work, and generally helping customers.

b. Plaintiff White was not a manager. Plaintiff White did not have 

supervisory authority over any employees, did not possess the authority to 

hire or fire employees, did not possess the authority to make critical job 

decisions with respect to any America’s Best Tire employee, did not direct 

the work of two or more employees, and did not exercise discretion and 

independent judgment with respect to matter of significance.

c. Plaintiff White’s primary duty was not the management of the 

enterprise in which he was employed or any recognized department of the 

enterprise.

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ZOLDAN LAW GROUP, P

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8100 E. Indian School Rd. Suite 103 Scottsdale, Arizona 85251

Tel & Fax: 480.442.3410 – mzoldan@zoldangroup.com

Page 18 of 23

d. From April 2012 until February 2014, Plaintiff White was paid a rate 

of $9.25 per hour.

e. From the commencement of Plaintiff White’s employment in April 

2012, he was a non-exempt employee.

f. From April 2012 until February 2014, Defendants failed to properly 

compensate Plaintiff White for his overtime hours.

g. Plaintiff White routinely worked with knowledge of Defendants, and 

often at Defendants’ request, in excess of 40 hours per week during his 

tenure at America’s Best Tire.

h. Specifically, during his employment, Plaintiff White routinely 

worked in excess of 70 hours per week and was not paid the premium oneand-one-half times his regular rate as required under the FLSA for hours 

worked over 40 in a workweek.

i. In a given workweek, and during each and every workweek, of 

Plaintiff White’s employment with Defendants, Plaintiff White worked 

between approximately five (5) and forty (40) hours of overtime without 

being compensated at one-and-one-half times his regular rate of pay for such 

time worked.

j. Plaintiff White worked more than forty (40) hours in a given 

workweek without being compensated for the overtime hours worked during 

that workweek.

k. For example, during workweek of January 15, 2014, Plaintiff White 

worked between five and twenty-five hours of overtime without being 

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ZOLDAN LAW GROUP, P

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8100 E. Indian School Rd. Suite 103 Scottsdale, Arizona 85251

Tel & Fax: 480.442.3410 – mzoldan@zoldangroup.com

Page 19 of 23

compensated at one-and-one-half times his regular rate of pay for such time 

worked.

79. Plaintiffs and the Collective Members are covered employees within the 

meaning of the FLSA.

80. Plaintiffs and the Collective Members were non-exempt employees.

81. Defendants refused and/or failed to properly disclose to or apprise Plaintiffs 

and the Collective Members of their rights under the FLSA.

82. America’s Best Tire wrongfully withheld wages from Plaintiffs and the 

Collective Members by failing to pay all wages due for hours Plaintiffs and the Collective 

Members worked.

83. From the beginning of Plaintiffs’ and the Collective Members’ employment 

through the present day, Defendants failed to properly compensate Plaintiffs and the 

Collective Members for any of their overtime hours. During each and every workweek 

during which Plaintiffs and the Collective Members worked for Defendants, they worked 

approximately forty-five (45) to eighty (80) hours per week, including routinely working 

through lunch periods, after regular business hours, and on the weekends, for which time 

Defendants failed to accurately record Plaintiffs’ and the Collective Members’ time 

worked while suffering or permitting them to work nonetheless.

84. Defendants knew that – or acted with reckless disregard as to whether –

their failure to pay to Plaintiffs and the Collective Members one-and-one-half times their 

regular rates of pay for all work in excess of forty (40) hours per workweek, would violate 

federal, and Defendants were aware of the FLSA overtime wage requirements during 

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ZOLDAN LAW GROUP, P

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8100 E. Indian School Rd. Suite 103 Scottsdale, Arizona 85251

Tel & Fax: 480.442.3410 – mzoldan@zoldangroup.com

Page 20 of 23

Plaintiff’s employment. As such, Defendants’ conduct constitutes a willful violation of the 

FLSA. 

85. As a result of Defendants’ willful failure to compensate Plaintiff the 

applicable overtime wage rate for such hours worked, Defendants have violated 29 U.S.C. 

§ 207(a).

86. Defendants have and continue to willfully violate the FLSA by not paying 

Plaintiffs and the Collective Members one-and-one-half times their regular rates of pay for 

all work in excess of forty (40) hours per workweek.

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

exercised control over Plaintiffs’ and the Collective Members’ work and wages at all 

relevant times.

88. Due to Defendants’ illegal wage practices, Plaintiffs and the Collective 

Members are entitled to recover from Defendants compensation for unpaid wages, an 

additional amount equal amount as liquidated damages, interest, and reasonable attorney’s 

fees and costs of this action under 29 U.S.C. § 216(b).

COUNT ONE: FAIR LABOR STANDARDS ACT

FAILURE AND/OR REFUSAL TO PAY OVERTIME

89. Plaintiffs, on behalf of themselves and the Collective Members, reallege and 

incorporate by reference all allegations in all preceding paragraphs.

90. Plaintiffs and the Collective Members were non-exempt employees entitled 

to the statutorily mandated overtime wages.

91. While employed by Defendants, Plaintiffs and the Collective Members 

worked tens of hours of overtime per week each and every workweek for which they 

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ZOLDAN LAW GROUP, P

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8100 E. Indian School Rd. Suite 103 Scottsdale, Arizona 85251

Tel & Fax: 480.442.3410 – mzoldan@zoldangroup.com

Page 21 of 23

worked for Defendants, and Defendants did not pay to Plaintiffs and the Collective 

Members one-and-one-half times their regular rate of pay for such time.

92. As a result, Defendants have intentionally failed and/or refused to pay 

Plaintiffs and the Collective Members overtime according to the provisions of the FLSA.

93. Defendants further have engaged in a widespread pattern and practice of 

violating the provisions of the FLSA by failing and/or refusing to pay Plaintiffs and the 

Collective Members in accordance with 29 U.S.C. § 207.

94. As a result, Defendants have intentionally failed and/or refused to pay 

Plaintiffs and the Collective Members overtime according to the provisions of the FLSA.

95. Defendants further have engaged in a widespread pattern and practice of 

violating the provisions of the FLSA by failing to pay Plaintiffs and the Collective 

Members in accordance with 29 U.S.C. § 207.

96. Defendants knew that – or acted with reckless disregard as to whether –

their refusal or failure to properly compensate Plaintiffs and the Collective Members over 

the course of their employment would violate federal and state law, and Defendants were 

aware of the FLSA minimum wage requirements during Plaintiffs’ and the Collective 

Members’ employment. As such, Defendants’ conduct constitutes a willful violation of 

the FLSA. 

97. As a result of Defendants failure or refusal to pay Plaintiffs and the 

Collective Members a wage equal to one and one half times Plaintiffs’ and the Collective 

Members’ regular rates of pay for work they performed for Defendants in excess of their 

regular 40-hour workweek, Defendants violated 29 U.S.C. § 207(a). Plaintiffs and the 

Collective Members are therefore entitled to compensation of one-and-one-half times their 

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ZOLDAN LAW GROUP, P

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8100 E. Indian School Rd. Suite 103 Scottsdale, Arizona 85251

Tel & Fax: 480.442.3410 – mzoldan@zoldangroup.com

Page 22 of 23

regular rates of pay, to be proven at trial, plus an additional equal amount as liquidated 

damages, together with interest, reasonable attorney’s fees, and costs.

WHEREFORE, Plaintiffs, Deoncea O’Neal and Ryan White, individually, and on 

behalf of all other similarly situated persons, respectfully request that this Court grant the 

following relief in Plaintiffs’ and the Collective Members’ favor, and against Defendants:

A. Designation of this action as a collective action on behalf of the FLSA 

Collective Members (asserting FLSA claims) and prompt issuance of notice 

pursuant to 29 U.S.C. § 216(b) to all similarly situated members of the 

FLSA opt-in class, apprising them of the pendency of this action, and 

permitting them to timely assert FLSA claims in this action by filing 

individual Consent to Sue forms pursuant to 29 U.S.C. § 216(b);

B. For the Court to declare and find that the Defendants committed one or 

more of the following acts:

i. violated overtime provisions of the FLSA, 29 U.S.C. § 207, by 

failing to pay overtime wages;

ii. willfully violated overtime provisions of the FLSA, 29 U.S.C. § 207;

C. For the Court to award compensatory damages, including liquidated 

damages pursuant to 29 U.S.C. § 216(b), to be determined at trial;

D. For the Court to award prejudgment and post-judgment interest;

E. For the Court to award Plaintiffs’ reasonable attorneys’ fees and costs of the 

action pursuant to 29 U.S.C. § 216(b) and all other causes of action set forth 

herein;

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ZOLDAN LAW GROUP, P

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8100 E. Indian School Rd. Suite 103 Scottsdale, Arizona 85251

Tel & Fax: 480.442.3410 – mzoldan@zoldangroup.com

Page 23 of 23

F. For the Court to provide reasonable incentive awards for each named 

Plaintiff to compensate them for the time they spent attempting to recover 

wages for the Collective Members and for the risks they took in doing so; 

and

G. Such other relief as this Court shall deem just and proper.

JURY TRIAL DEMAND

Plaintiffs and the Collective Members hereby demand a trial by jury on all 

issues so triable.

RESPECTFULLY SUBMITTED this 11th Day of January 2016.

ZOLDAN LAW GROUP, PLLC

By: /s/ Michael Zoldan

8100 E. Indian School Road

Suite 103

Scottsdale, AZ 85251

Attorneys for Plaintiffs 

Case 2:16-cv-00056-DGC Document 1 Filed 01/11/16 Page 23 of 27
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Michael Zoldan; AZ Bar No. 028128

Jason Barrat; AZ Bar No. 029086

ZOLDAN LAW GROUP, PLLC

8100 E. Indian School Road

Suite 103

Scottsdale, Arizona 85251

Tel & Fax: 480.442.3410

mzoldan@zoldangroup.com

jbarrat@zoldangroup.com

Attorneys for Plaintiffs

UNITED STATES DISTRICT COURT

DISTRICT OF ARIZONA

Deoncea O’Neal and Ryan White, 

Individually, and on Behalf of All Others 

Similarly Situated,

 Plaintiffs, 

vs.

America’s Best Tire, LLC, an Arizona 

limited liability company; Camelback 

Automotive Repair, LLC, an Arizona 

limited liability company; American’s 

Best Tire Grand, LLC, an Arizona limited 

liability company; America’s Best Tire 

Glendale, LLC, an Arizona limited 

liability company; America’s Best Tire 

203, LLC, an Arizona limited liability 

company; America’s Best Tire 101, LLC, an Arizona limited liability company; 

America’s Best Employment Services, 

LLC, an Arizona limited liability 

company; America’s Best Wholesale 

Tire, LLC, an Arizona limited liability 

company; America’s Best Tire Mesa, 

LLC, an Arizona limited liability 

company; America’s Best Transportation 

Services, LLC, an Arizona limited liability

company; America’s Best Tire Peoria, 

LLC, an Arizona limited liability 

company; America’s Best Tire Buckeye, 

LLC, an Arizona limited liability 

company; America’s Best Tire Van 

Buren, LLC, an Arizona limited liability 

company; America’s Best Wholesale Tire

Tucson, LLC, an Arizona limited liability 

company; America’s Best Tire Wholesale 

No. ___________________________

PLAINTIFF RYAN WHITE’S

CONSENT TO JOIN COLLECTIVE 

ACTION AS NAMED PLAINTIFF

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