Busk 2nd Amended Complaint

Case 2:10-cv-01854-RLH-NJK Document 47 Filed 08/28/13 Page 1 of 19
Mark R. Thierman, Nev. Bar No. 8285

1 Joshua D. Buck, Nev. Bar No. 12187
THIERMAN LAW FIRM, P.C.
2 7287 Lakeside Drive
Reno, Nevada 89511
3 Tel. (775) 284-1500
Fax. (775) 703-5027
4
Attorneys for Plaintiffs
5
6
UNITED STATES DISTRICT COURT
7
DISTRICT OF NEVADA
8
9 JESSE BUSK, LAURIE CASTRO, SIERRA Case No. 2:10-CV-01854-RLH-NJK
WILLIAMS, MONICA WILLIAMS,
10
Email [email protected] www.laborlawyer.net
BROOKE BOMBOY on behalf of SECOND AMENDED COLLECTIVE

11 themselves and all others similarly situated, AND CLASS ACTION COMPLAINT
(775) 284-1500 Fax (775) 703-5027
THIERMAN LAW FIRM, PC
12 Plaintiffs,
7287 Lakeside Drive
13
Reno, NV 89511
v.
14
INTEGRITY STAFFING SOLUTIONS
15 INC., AMAZON.COM, INC., and DOES 1-
16 50, inclusive,
17 Defendants.
18
19 COMES NOW PLANTIFFS JESSE BUSK, LAURIE CASTRO, SIERRA WILLIAMS,
20 MONICA WILLIAMS, BROOKE BOMBOY, on behalf of themselves, and all others similarly
21 situated, and allege:
22 All allegations in this Complaint are based upon information and belief except for those
23 allegations that pertain to the Plaintiffs named herein and their counsel. Each allegation in this
24 Complaint either has evidentiary support or is likely to have evidentiary support after a reasonable
25 opportunity for further investigation and discovery.
26 JURISDICTION AND VENUE
27 1. Pursuant to Section 16(b) of the Fair Labor Standards Act (FLSA), 29 U.S.C. §
28 216(b), this court has original jurisdiction over all claims for overtime and minimum wage
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SECOND AMENDED COLLECTIVE AND CLASS ACTION COMPLAINT
1 compensation which occurred within three years from the date of the original filing the complaint
2 for the acts complained of herein by Plaintiffs, for themselves and all others similarly situated,
3 who, after notice, “opt-in” to this action by filing a consent to sue.
4 2. Pursuant to the Class Action Fairness Act, 29 U.S.C. § 1334(d), this court has
5 jurisdiction over all state law claims complained of within the relevant time period by Plaintiffs,
6 for themselves and all others similarly situated, on a traditional “opt out” basis pursuant to Rule
7 23 of the Federal Rule of Civil Procedure (“FRCP”).
8 3. The amount in controversy exceeds five million dollars and there is the requisite
9 minimum diversity of citizenship between the members of the class and Defendant.
10 4. Venue is proper in this court because the original named Plaintiff in this action
11 (Jesse Busk) resides, the work was performed, and the wages were paid in Clark County, Nevada.
(775) 284-1500 Fax (775) 703-5027
12 PARTIES
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13 5. Defendant INTEGRITY STAFFING SOLUTIONS INC. (individually referred to

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14 as “Integrity”), is a foreign corporation and/or other business entity which leases warehouse and
15 other hourly paid employees to customers like Amazon.Com in the customer’s Las Vegas,
16 Nevada, location and at all other Amazon warehouse facilities throughout the United States.
17 Upon information and belief, Integrity derives over a million dollars annually from such interstate
18 business operations.
19 6. Defendant AMAZON.COM, INC. (individually referred to as “Amazon.Com”),
20 is a foreign corporation and/or other business entity that operates one of the most well-known
21 online marketplaces in the country. Amazon.Com owns and operates over 50 warehouse
22 distribution centers across the United States, including, but not limited to, the States of Arizona,
23 California, Delaware, Indiana, Kansas, Kentucky, New Hampshire, New Jersey, Nevada,
24 Pennsylvania, South Carolina, Tennessee, Texas, Virginia, and Washington.
25 7. Unless the name of the individual Defendant is stated, Defendant Integrity and
26 Defendant Amazon.Com are collectively referred to herein as “Defendants”.
27
28
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1 8. Plaintiff Jesse Busk is a resident of Las Vegas, Clark County, Nevada, and was
2 employed for more than three years by Integrity as an hourly warehouse employee in its Las
3 Vegas, Nevada, facility.
4 9. Plaintiff Laurie Castro is a resident of Reno, Washoe County, Nevada, and was
5 employed by Integrity as an hourly warehouse employee in its Fernley, Nevada, facility during
6 the relevant time period alleged herein. Defendant terminated Plaintiff on or about December 7,
7 2010.
8 10. Plaintiff Sierra Williams is a resident of Surprise, Arizona, and was employed by
9 Integrity and Amazon.Com from on or about August 2008 to on or about February 2011. From
10 on or about August 2008 to on or about November 2008, Ms. Sierra Williams was employed
11 directly by Amazon.Com as a “Receiver” at one of its Phoenix, Arizona, warehouse facilities.

(775) 284-1500 Fax (775) 703-5027
12 From on or about November, 2009 to on or about June, 2010, Ms. Sierra Williams was employed
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13 by Integrity as a “Picker/Packer” at another one of Amazon.Com’s Phoenix, Arizona, warehouse

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14 facilities. From on or about July 2010 to on or about February 2011, Ms. Sierra Williams was
15 employed as a “Picker/Slam Operator” at Amazon.Com’s Las Vegas, Nevada, warehouse facility.
16 11. Plaintiff Monica Williams is a resident of Surprise, Arizona, and was employed
17 by Integrity and Amazon.Com from on or about 2007 to on or about March 2013. From on or
18 about August 2007 to on or about August 2008, Ms. Monica Williams was employed by Integrity
19 at one of Amazon.Com’s Phoenix, Arizona, warehouse facilities. On or about August 2008 Ms.
20 Monica Williams was converted from an employee on the payroll of Integrity to an employee on
21 the payroll of Amazon.Com while she continued to work at one of Amazon.com’s Phoenix,
22 Arizona, warehouse facilities until on or about June 2010. Then, from on or about June 2010 to
23 on or about August 2012, Ms. Monica Williams was employed by Amazon.Com as its Las Vegas,
24 Nevada, warehouse facility. During her tenure as an Amazon.Com employee at its Las Vegas
25 facility, Ms. Monica Williams worked approximately 2 months, from on or about August 2011 to
26 on or about October 2011, at Amazon.Com’s Nashville, Tennessee, warehouse facility. From on
27 or about August 2012 to on or about March 2013, Ms. Williams was employed by Amazon.Com
28 at its Spartanburg, South Carolina, warehouse facility.
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1 12. Plaintiff Bomboy is a resident of Berwick, Pennsylvania, and was employed by

2 Integrity from on or about November 2009 to on or about the end of July 2010 at its Hazleton,
3 Pennsylvania, warehouse facility.
4 13. Plaintiff is unaware of the true names or capacities of the Defendants sued herein
5 under the fictitious names DOES 1-10, but prays for leave to amend and serve such fictitiously
6 named Defendants once their names and capacities become known. Plaintiff is informed and
7 believes, and thereon alleges, that Does 1-50 are and were joint employers, partners, agents,
8 owners, shareholders, managers or employees of Defendant, and were acting on behalf of
9 Defendant. Any reference to “Defendant,” “Defendants,” or “Integrity” or “Amazon” herein shall
10 mean “Defendants and each of them.”
11 BACKGROUND FACTS
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12 14. Integrity is in the business of providing labor services to other companies and
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13 businesses throughout the United States, which includes providing the staffing for warehouses
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14 owned and/or operated by Amazon.Com. Integrity is or was the employer of Plaintiffs Busk,
15 Castro, Sierra Williams and Monica Williams, and exercises direct control over the hours and
16 wages of those Plaintiffs and all similarly-situated hourly shift employees on its payroll at all
17 Amazon.Com’s warehouse locations nationwide. Upon information and belief, Integrity employs
18 thousands of hourly warehouse employees like these Plaintiffs at each of the warehouse
19 operations at Amazon.com facilities who are subject to the same security clearance policies
20 complained of herein.
21 15. Amazon.Com also directly employs warehouse personnel to work at its
22 warehouses. Amazon.Com’s warehouse employees perform many of the exact same job duties
23 as Integrity employees. Amazon.Com is or was the direct employer of Plaintiffs Sierra Williams
24 and Monica Williams. Upon information and belief, Amazon.Com employs hundreds of hourly
25 warehouse employees like these named Plaintiffs.
26 16. Amazon.Com is both a direct employer of its Amazon.Com employees and a joint-
27 employer of all Integrity employees employed to work at the Amazon.Com locations. Integrity
28 acts in the interest of Amazon.com in relation to those employees on its payroll working at
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1 locations owned and/or maintained by Amazon.com. The services rendered by Integrity

2 employees are the very core of Amazon.com business, i.e. the selection of items from warehouse
3 stock for shipment to customers. Amazon.Com as the right to control the manner and means by
4 which Integrity’s workers accomplish the work at Amazon.com locations. Amazon.com’s
5 supervisors often directed the work of Integrity employees. Amazon.com exercises direct control
6 over the hours and other working conditions of all Plaintiffs and all similarly-situated hourly shift
7 employees who are paid on the payroll of Integrity working at all Amazon.Com’s warehouse
8 locations nationwide. Upon information and belief, employment data such as hours worked,
9 hourly rates of pay, and other benefit information is recorded the same for Integrity and
10 Amazon.Com direct employees alike. The hourly paid, warehouse employees employed on
11 Integrity’s payroll at Amazon.com locations have no unique or special skills. The work of these
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12 hourly paid, warehouse employees employed on Integrity’s payroll at Amazon.com locations

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13 benefits Amazon.com as well as Integrity. As set forth below, persons employed by Integrity and
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14 Amazon.Com were all subjected to the same illegal policies and practices.
15 THE UNLAWFUL SECURITY CLEARANCE POLICY
16 17. Defendants jointly implemented, maintained, and/or enforced a uniform Security
17 Clearance policy at all Amazon.Com locations throughout the United States which required
18 Plaintiffs and all other hourly paid, non-exempt employee of either Integrity or Amazon.com or
19 both, to undergo a daily security clearance check at the end of each shift to discover and/or deter
20 employee theft of the employer’s property and to reduce inventory “shrinkage”. Plaintiffs and all
21 other hourly paid, non-exempt employee of either Integrity or Amazon.com or both were not
22 compensated for the time spent undergoing the security clearance before they were released from
23 work and permitted to leave the warehouse facility. Defendants’ policy of requiring hourly
24 warehouse employees to undergo a thorough security clearance before being released from work
25 and permitted to leave the employer’s property was solely for the benefit of the employers and
26 their customers. The search was to prevent employee theft, and it is an essential part of the job of
27 a warehouse worker that they not take items from the warehouse out of the warehouse other than
28 in the ways proscribed by the company. In fact, not contributing to “shrinkage” and abiding by
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1 company procedures for inventory control is an integral aspect of the Plaintiff’s job. Upon
2 information and belief, Defendants maintained, enforced and/or implemented this same policy at
3 all warehouse locations throughout the country.
4 18. At the end of their respective shifts, hundreds, if not thousands, of warehouse
5 employees would walk to the timekeeping system to clock out and were then required to wait in
6 line in order to be searched for possible warehouse items taken without permission and/or other
7 contraband. Thus, at the direction and control of the Defendant, and solely for the benefit of the
8 employer and/or their customers, Plaintiffs and all other similarly-situated warehouse workers
9 were required to wait approximately 25 minutes each day at the end of each shift without any
10 compensation in order to undergo a search for possible contraband or pilferage of inventory of
11 his or her person. Defendants forced Plaintiffs and all other similarly situated warehouse workers
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12 to undergo a post 9/11 type of airport security clearance—i.e., warehouse employees were
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13 required to remove all personal belongings from their person such as wallets, keys, and belts, and
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14 pass through metal detectors before being released from work and allowed to leave the facility.
15 Defendants’ policies and practices required warehouse employees to leave their personal
16 belongings such as cell phones in their vehicles. Thus, warehouse employees were unable to
17 engage in any personal activities during the time spent waiting.
18 19. Defendants did not pay any of their warehouse employees anything for the time
19 spent waiting for and undergoing such daily security clearances.
20 20. Defendants did not pay any of their warehouse employees at a rate equal to or
21 greater than one and one-half her regular hourly rate of pay whenever they required, suffered, or
22 permitted the warehouse employees, including Plaintiffs, to work more than forty (40) hours per
23 week, or more than eight (8) hours in a day.
24 CLASS AND COLLECTIVE ACTION ALLEGATIONS
25 21. Plaintiffs reallege and incorporate by this reference all the paragraphs above in this
26 Complaint as though fully set forth herein.
27
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1 22. As set forth more fully below, Plaintiffs bring this action on behalf of themselves
2 and other similarly-situated employees in two ways: a collective action under the FLSA and a
3 true class action under the various state laws alleged herein.
4 23. Plaintiffs seek to represent the following classes:
5 FLSA Class: All persons employed by Defendants, and/or each of them, as hourly paid
6 warehouse employees within the United States at any time within three years prior to the filing of
7 the original complaint and who file their consents to join this collective action as a party plaintiff
8 pursuant to 29 U.S.C. § 216(b).
9 Nevada Class: All person employed by Defendants, and/or each of them, as hourly paid
10 warehouse employees who worked for Defendant(s) within the State of Nevada at anytime within
11 three years prior to the original filing date of the complaint in this action.
(775) 284-1500 Fax (775) 703-5027
12 Arizona Class: All person employed by Defendants, and/or each of them, as hourly paid
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13 warehouse employees who worked for Defendant(s) within the State of Arizona at any time from
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14 within three years prior to the filing of the original complaint until the date of judgment after trial,
15 and shall encompass all claims by such persons for the entire tenure of their employment as
16 provided in A.R.S. 23-364 (G).
17 Pennsylvania Class: All person employed by Defendants, and/or each of them, as hourly
18 warehouse employees who worked for Defendant(s) within the State of Pennsylvania at anytime
19 during the relevant time period alleged herein.
20 South Carolina Class: All person employed by Defendants, and/or each of them, as
21 hourly warehouse employees who worked for Defendant(s) within the State of South Carolina at
22 anytime during the relevant time period alleged herein.
23 24. Plaintiffs are members of the FLSA and one or more of each of the State Law
24 Classes alleged in this Complaint.
25 25. Plaintiffs have signed consents to sue that either have been, or shortly will be, filed
26 in this Court.
27 26. Each class consist of potentially hundreds if not thousands of employees of
28 Defendants, such that each class is so numerous that joinder of the class members is impracticable.
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1 The class is easily ascertainable from the records that the employer is required by law to maintain.
2 When available, a true opt-out class action is superior to individual actions because it would be
3 unjust to allow the Defendants to benefit from their unlawful behavior solely because the cost of
4 litigating individual claims would be prohibitive compared to the expected damages unless
5 aggregated.
6 27. There is a well-defined community of interest in the question of law and fact
7 affecting the class members Plaintiffs seek to represent. The class members’ claims against
8 Defendants involve questions of common or general interest, in that their claims are based on
9 Defendants’ implementation and utilization of a policy whereby all members of the classes were
10 required, suffered, or permitted to undergo security clearances without compensation prior to
11 being released from work and permitted to leave the warehouse facility. These questions are
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12 such that proof of facts common to the members of each class will entitle such class members to
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13 relief requested in this Complaint.

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14 28. Plaintiffs will fairly and adequately represent the interests of the class members
15 because Plaintiffs are members of each class, have common issues of law and/or fact with all
16 members of the class, and their claim is typical of those in each class.
17 29. Plaintiffs request permission to amend the Complaint to include additional class
18 representatives if Plaintiffs individually or collectively are deemed not to be adequate
19 representatives of any class.
20 FIRST CAUSE OF ACTION
21 Failure to Pay Wages For Security Clearances in Violation of FLSA, 29 U.S.C. §201, et seq.
22 30. Plaintiffs reallege and incorporate by this reference all allegations contained above
23 as though fully set forth herein.
24 31. This cause of action is brought against Defendants by all Plaintiffs on behalf of
25 the FLSA Class.
26 32. Pursuant to the FLSA, 29 U.S.C. § 201, et seq., Plaintiffs and the members of the
27 FLSA Class are entitled to compensation at their regular rate for all hours actually worked, and
28
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1 are also entitled to wages at a rate not less than one and one-half times their regular rate of pay
2 for all hours worked in excess of forty (40) hours in any workweek.
3 33. Defendants are engaged in communication, business, and transmission throughout
4 the United States and is, therefore, engaged in commerce within the meaning of 29 U.S.C. §
5 203(b).
6 34. 29 U.S.C. § 206(a)(l) states that “Every employer shall pay to each of his
7 employees who in any workweek is engaged in commerce or in the production of goods for
8 commerce, or is employed in an enterprise engaged in commerce or in the production of goods
9 for commerce, wages at the following rates: (1) except as otherwise provided in this section, not
10 less than (A) $5.85 an hour beginning on the 60th day after the enactment of the Fair Minimum
11 Wage Act of 2007; (B) $6.55 an hour, beginning 12 months after that 60th day; and C) $7.25 an
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12 hour, beginning 24 months after that 60th day.

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13 35. 29 U.S.C. § 207(a)(l) provides in pertinent part: “Except as otherwise provided in

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14 this section, no employer shall employ any of his employees who in any workweek is engaged in
15 commerce or in the production of goods for commerce, or is employed in an enterprise engaged
16 in commerce or in the production of goods for commerce, for a workweek longer than forty hours
17 unless such employee receives compensation for his employment in excess of the hours above
18 specified at a rate not less than one and one-half times the regular rate at which he is employed.”
19 36. There is no exception from the provisions of 29 U.S.C. §§ 206(a)(1) and/or
20 207(a)(l) applicable to the Plaintiffs and the other hourly shift workers that constitute the class
21 herein.
22 37. 29 U.S.C. § 255 provides that a three-year statute of limitations applies to willful
23 violations of the FLSA.
24 38. Requiring employees to undergo security clearances herein is integral and
25 indispensible to Plaintiffs’ duties and solely for the benefit of Defendants, necessary Defendants’
26 business operations, not incidental, and not de minimis individually or in the aggregate.
27 39. At all relevant times, Defendants failed to pay Plaintiffs and the other members of
28 the FLSA Class their regular rate for all hours worked by not paying them for the time they were
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1 not free to leave the premises because the class members were required to undergo security
2 clearances upon exiting the work area for the benefit solely of the employer or the employer’s
3 customers.
4 40. Defendants failed to pay Plaintiffs and the other members of the FLSA Class the
5 minimum wages and, if applicable, overtime pay for all hours worked by not paying the
6 employees for time spent waiting for a mandatory post shift security check to detect and prevent
7 theft and inventory shrinkage for the benefit of the employer or the employer’s customers.
8 41. The waiting was for the benefit of the employer, necessary to the employer’s task
9 of minimizing “shrinkage” or loss of product from warehouse theft, and could have easily been
10 reduced to a de minimus amount by the addition of more security checkers and/or staggering the
11 termination of the shift so people would flow though the clearance more quickly.
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12 42. Plaintiffs propose to undertake the appropriate proceedings to have the FLSA
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13 Class members, aggrieved by Defendants’ unlawful conduct, notified of the pendency of this
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14 action and join this action as Plaintiffs, pursuant to 29 U.S.C. § 216(b).

15 43. Therefore, Plaintiffs demand that they, and the members of the FLSA Class, be
16 paid wages at the higher of 1) their regular rate for all hours worked, including time spent at post
17 shift security clearances 2) the minimum hourly wage for all time spent at post shift security
18 clearances or 3) when applicable, the appropriate overtime hourly premium rate as required by
19 the FLSA for all time spent at post shift security clearances as provided by law.
20 44. Because the actions of Defendant were without substantial justification as required
21 by, 29 U.S.C § 260, Plaintiffs request the amount of damages be doubled, not as a penalty, but in
22 lieu of interest and as liquidated damages as provided in 29 U.S.C. § 216(b), together with
23 attorneys’ fees, costs, and interest as provided by law.
24 SECOND CAUSE OF ACTION
25 Failure to Pay Wages For Security Clearances in Violation of NRS 608.016, 608.018, 608.140,
26 and the Nevada Constitution
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1 46. This cause of action is brought against Defendants by Plaintiffs Busk, Castro,
2 Sierra Williams, and Monica Williams on behalf of the Nevada Class only.
3 47. By the conduct described above, Defendants have violated the provisions of
4 Nevada Revised Statutes (NRS) 608.016, which provides “An employer shall pay to the employee
5 wages for each hour the employee works. An employer shall not require an employee to work
6 without wages during a trial or break-in period.”
7 48. NRS 608.018(1) provides that “An employer shall pay 1 1/2 times an employee’s
8 regular wage rate whenever an employee who receives compensation for employment at a rate
9 less than 1 1/2 times the minimum rate prescribed pursuant to NRS 608.250 works: (a) More than
10 40 hours in any scheduled week of work; or (b) More than 8 hours in any workday unless by
11 mutual agreement the employee works a scheduled 10 hours per day for 4 calendar days within
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12 any scheduled week of work.”

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13 49. During all times applicable herein, Defendants paid their hourly warehouse
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14 workers employment at a rate less than 1 1/2 times the minimum rate prescribed by the Labor
15 Commissioner pursuant to NRS 608.250.
16 50. The legislature for the state of Nevada has created a private cause of action for
17 non-payment of wages due pursuant to the term of any employment, including overtime wages
18 due, pursuant to NRS 608.140. Plaintiffs made a demand upon Defendants on behalf of the class
19 of hourly workers for all sums claimed herein under state labor laws on October 2, 1010.
20 51. Therefore, Plaintiffs demand that they and the members of the Nevada Class be
21 paid wages at the applicable regular or overtime rate for all hours worked including time spent
22 waiting for and undergoing security clearances together with attorneys’ fees, costs, and interest
23 as provided by law.
24 THIRD CAUSE OF ACTION
25 Failure to Timely Pay All Wages Due upon Termination in Violation of NRS 608.020-50
26 inclusive
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1 53. This cause of action is brought against Defendants by Plaintiffs Busk, Castro,
2 Sierra Williams, and Monica Williams on behalf of those members of the Nevada Class who are
3 no longer employed by Defendants herein.
4 54. NRS 608.020 states “Whenever an employer discharges an employee, the wages
5 and compensation earned and unpaid at the time of such discharge shall become due and payable
6 immediately.
7 55. NRS 608.030 provides “Whenever an employee resigns or quits his or her
8 employment, the wages and compensation earned and unpaid at the time of the employee’s
9 resignation or quitting must be paid no later than 1. The day on which the employee would have
10 regularly been paid the wages or compensation; or 2. Seven days after the employee resigns or
11 quits, whichever is earlier.”

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12 56. The consequence of violation of NRS 608.020 and NRS 608.030 is contained in
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13 NRS 608.040(1) which states: “If an employer fails to pay: (a) Within 3 days after the wages or
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14 compensation of a discharged employee becomes due; or (b) On the day the wages or
15 compensation is due to an employee who resigns or quits, the wages or compensation of the
16 employee continues at the same rate from the day the employee resigned, quit or was discharged
17 until paid or for 30 days, whichever is less.”
18 57. NRS 608.050 expressly gives the terminated employees a private cause of action
19 to collect these sums when it states: “Whenever an employer of labor shall discharge or lay off
20 employees without first paying them the amount of any wages or salary then due them, in cash
21 and lawful money of the United States, or its equivalent, or shall fail, or refuse on demand, to pay
22 them in like money, or its equivalent, the amount of any wages or salary at the time the same
23 becomes due and owing to them under their contract of employment, whether employed by the
24 hour, day, week or month, each of the employees may charge and collect wages in the sum agreed
25 upon in the contract of employment for each day the employer is in default, until the employee is
26 paid in full, without rendering any service therefore; but the employee shall cease to draw such
27 wages or salary 30 days after such default. 2. Every employee shall have a lien as provided in
28 NRS 108.221 to 108.246, inclusive, and all other rights and remedies for the protection and
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1 enforcement of such salary or wages as the employee would have been entitled to had the
2 employee rendered services therefore in the manner as last employed.”
3 58. By failing to pay Plaintiffs and Nevada Class Members who no longer are
4 employed by Defendants for all hours worked in violation of state and federal law, Defendants
5 has failed to timely remit all wages due and owing to Plaintiffs and Nevada Class Members who
6 are former employees.
7 59. Thus, Plaintiffs demand that themselves and members of the Nevada Class who
8 have been terminated or laid off from employment without having been paid all wages due thirty
9 days of full wages together with attorneys’ fees, costs, and interest as provided by law.
10 FOURTH CAUSE OF ACTION
11 Failure to Pay Wages For Security Clearances in Violation of A.R.S. 23-363 et. seq.
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14 61. This cause of action is brought against Defendants by Plaintiffs Sierra Williams,
15 Monica Williams, on behalf of the Arizona Class only.
16 62. Arizona Revised Statutes (“A.R.S.”) Section 23-363 provides that “A. Employers
17 shall pay employees no less than the minimum wage, which shall be six dollars and seventy-five
18 cents ($6.75) an hour beginning on January 1, 2007. B. The minimum wage shall be increased on
19 January 1, 2008 and on January 1 of successive years by the increase in the cost of living. The
20 increase in the cost of living shall be measured by the percentage increase as of August of the
21 immediately preceding year over the level as of August of the previous year of the consumer price
22 index (all urban consumers, U.S. city average for all items) or its successor index as published by
23 the U.S. department of labor or its successor agency, with the amount of the minimum wage
24 increase rounded to the nearest multiple of five cents.”
25 63. A.R.S. 23-364 (H) provides that “A civil action to enforce this article may be
26 maintained in a court of competent jurisdiction by a law enforcement officer or by any private
27 party injured by a violation of this article.”
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1 64. A.R.S. 23-364 (H) provides that “Any employer who fails to pay the wages
2 required under this article shall be required to pay the employee the balance of the wages owed,
3 including interest thereon, and an additional amount equal to twice the underpaid wages. Any
4 employer who retaliates against an employee or other person in violation of this article shall be
5 required to pay the employee an amount set by the commission or a court sufficient to compensate
6 the employee and deter future violations, but not less than one hundred fifty dollars for each day
7 that the violation continued or until legal judgment is final. The commission and the courts shall
8 have the authority to order payment of such unpaid wages, other amounts, and civil penalties and
9 to order any other appropriate legal or equitable relief for violations of this article. Civil penalties
10 shall be retained by the agency that recovered them and used to finance activities to enforce this
11 article. A prevailing plaintiff shall be entitled to reasonable attorney's fees and costs of suit.”
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12 65. A.R.S. 23-364 (G) states that “A civil action to enforce this article may be
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13 commenced no later than two years after a violation last occurs, or three years in the case of a
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14 willful violation, and may encompass all violations that occurred as part of a continuing course
15 of employer conduct regardless of their date. The statute of limitations shall be tolled during any
16 investigation of an employer by the commission or other law enforcement officer, but such
17 investigation shall not bar a person from bringing a civil action under this article. No verbal or
18 written agreement or employment contract may waive any rights under this article.” Emphasis
19 added.
20 66. Plaintiffs demand that they and the members of the Arizona Class be paid wages
21 at the applicable regular or overtime rate for all hours worked including time spent waiting for
22 and undergoing security clearances during the relevant time period alleged herein, doubled as
23 provided by statute, together with attorneys’ fees, costs, and interest as provided by law.
24 FIFTH CAUSE OF ACTION
25 Failure to Timely Pay All Wages Due Upon Termination in Violation of A.R.S. § 23-353, et.
26 seq.
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1 68. This cause of action is being brought against Defendants by Plaintiffs Sierra
2 Williams, Monica Williams, on behalf of all Arizona Class members who no longer are employed
3 by Defendants.
4 69. A.R.S. § 23-353 provides as follows:
5 a. When an employee is discharged from the service of an employer, he shall be
6 paid wages due him within seven working days or the end of the next regular
7 pay period, whichever is sooner.
8 b. When an employee quits the service of an employer he shall be paid in the
9 usual manner all wages due him no later than the regular payday for the pay
10 period during which the termination occurred. If requested by the employee,
11 such wages shall be paid by mail.

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12 c. Every employer, including this state and its political subdivisions, shall pay
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13 wages or compensation due an employee under this section in lawful money

Reno, NV 89511
14 of the United States by negotiable check, draft, money order or warrant, in the
15 case of the state or any political subdivision, which can be immediately
16 redeemed in cash at a bank or other financial institution, payable on demand
17 or by deposit in a financial institution of employee's choice and dated not later
18 than the day upon which the check, draft, money order or warrant is given,
19 and not otherwise.
20 70. A.R.S. Section 23-355(A) permits an employee to "recover in a civil action against
21 an employer or former employer an amount that is treble the amount of the unpaid wages."
22 71. A.R.S. Section 23-355(A) is applicable even if only a portion of the wages due are
23 unpaid. Large v. Hilton, 2013 U.S. Dist. LEXIS 3355 (D. Ariz. Jan. 9, 2013) (reconsidered on
24 other grounds); see also Crum v. Maricopa Cnty., 190 Ariz. 512, 513-14, 950 P.2d 171, 172-73
25 (Ct. App. 1997) (countenancing a claim under § 23-353(A) "because a portion of [the employee's]
26 pay was mailed five business days after his discharge and not delivered, as statutorily required,
27 within three").
28
- 15 -
1 72. By failing to pay Plaintiffs and Arizona Class Members for all hours worked in
2 violation of state and federal law, Defendants has failed to timely remit all wages due and owing
3 to Plaintiffs and Arizona Class Members who are former employees.
4 73. Thus, Plaintiffs demand for themselves and all members of the Arizona Class who
5 are former employees be paid all wages due and owing during the relevant time period alleged
6 herein, trebled as provided by statute, together with attorneys’ fees, costs, and interest as provided
7 by law.
8 SIXTH CAUSE OF ACTION
9 Failure to Timely Pay Wages Due in Violation 43 Penn. Stat. § 333.104, et. seq.

(775) 284-1500 Fax (775) 703-5027
12 75. This cause of action is being brought against Defendants by Plaintiff Bomboy on
7287 Lakeside Drive
13 behalf of the Pennsylvania Class only.

Reno, NV 89511
14 76. The Pennsylvania Minimum Wage Act ("MWA") 43 PS. § 333.104, et. seq,
15 provides that all employees must be paid for minimum wages, regular rate wages, or overtime
16 wages, whichever are higher, for all hours worked.
17 77. The Pennsylvania Wage Payment and Collection Law ("WPCL"), 43 P.S. § 260.5
18 provides further that “Whenever an employer separates an employe[e] from the payroll, or
19 whenever an employe[e] quits or resigns his employment, the wages or compensation earned shall
20 become due and payable not later than the next regular payday of his employer on which such
21 wages would otherwise be due and payable. If requested by the employee, such payment shall be
22 made by certified mail.”
23 78. 43 P.S. § 260.9a provides a private cause of action for employees or group of
24 employees to maintain a cause of action any type of wages due including liquidated damages.
25 79. 43 P.S. § 260.9a further provides for a 10% penalty if wages due are not paid
26 within 10 days of receipt of a certified letter demanding the wages due. Plaintiffs’ counsel sent a
27 certified letter, together with a copy of the decision of the United States Court of Appeals for the
28
- 16 -
1 Ninth Circuit in this case, Busk v. Integrity Staffing Solutions, Inc., No. 10-01854 (9th Cir., Apr.
2 12, 2013) to Defendants yet no payment was received within the 10 period provided by law.
3 80. 43 P.S. § 260.10 further provides that “Where wages remain unpaid for thirty days
4 beyond the regularly scheduled payday, or, in the case where no regularly scheduled payday is
5 applicable, for sixty days beyond the filing by the employe[e] of a proper claim or for sixty days
6 beyond the date of the agreement, award or other act making wages payable, or where shortages
7 in the wage payments made exceed five percent (5%) of the gross wages payable on any two
8 regularly scheduled paydays in the same calendar quarter, and no good faith contest or dispute of
9 any wage claim including the good faith assertion of a right of set-off or counter-claim exists
10 accounting for such non-payment, the employe[e] shall be entitled to claim, in addition, as
11 liquidated damages an amount equal to twenty-five percent (25%) of the total amount of wages
(775) 284-1500 Fax (775) 703-5027
12 due, or five hundred dollars ($500), whichever is greater.”

7287 Lakeside Drive
13 81. More than 30 days has elapsed from the times wages were due for the time spent
Reno, NV 89511
14 waiting for security clearance (and if not paid within 60 days of this amended complaint, then 60
15 days from a proper claim being made).
16 82. Plaintiffs demand that they and the members of the Pennsylvania Class be paid
17 wages at the applicable regular or overtime rate for all hours worked including time spent waiting
18 for and undergoing security clearances during the relevant time period alleged herein, 10%
19 penalties for failing to pay these wages within 10 days of demand, and liquidated damages in the
20 amount of either 25% of wage due or $500 per Pennsylvania class member, whichever is greater,
21 together with attorneys’ fees, costs, penalties, and interest as provided by law.
22 SEVENTH CAUSE OF ACTION
23 Failure to Timely Pay Wages Due in Violation of S.C. Code Ann. § 41-10-50, et. seq.
26 84. This cause of action is being brought against Defendants by Plaintiff Monica
27 Williams, on behalf of the South Carolina Class only.
28
- 17 -
1 85. The South Carolina Payment of Wages Act, S.C. Code Ann. § 41-10-40 requires
2 the employer to pay all wages due on the next regular payday established by the employer in cash
3 or negotiable instrument dated the same day as the payday.
4 86. S.C. Code Ann. § 41-10-50, et. seq., requires that “When an employer separates
5 an employee from the payroll for any reason, the employer shall pay all wages due to the
6 employee within forty-eight hours of the time of separation or the next regular payday which may
7 not exceed thirty days.”
8 87. S.C. Code Ann. Section 41-10-80(c) provides that “In case of any failure to pay
9 wages due to an employee as required by Section 41-10-40 or 41-10-50 the employee may recover
10 in a civil action an amount equal to three times the full amount of the unpaid wages, plus costs
11 and reasonable attorney's fees as the court may allow. Any civil action for the recovery of wages
(775) 284-1500 Fax (775) 703-5027
12 must be commenced within three years after the wages become due.”
7287 Lakeside Drive
13 88. By failing to pay Plaintiffs and South Carolina Class Members for all hours
Reno, NV 89511
14 worked in violation of state and federal law, Defendants has failed to timely remit all wages due
15 and owing to Plaintiffs and South Carolina Class Members on their next payday, or in the case of
16 former employees, their next payday or within 48 hours of separation. .
17 89. Thus, Plaintiffs demand for themselves and members of the South Carolina Class
18 all wages due and owing during the relevant time period alleged herein, trebled as provided by
19 statute, together with attorneys’ fees, costs, and interest as provided by law.
20 PRAYER
21 WHEREFORE, PLAINTIFFS pray for judgment against the Defendants as follows:
22 1. An order conditionally certifying the FLSA Class as a collective action as alleged
23 and prayed herein;
24 2. An order pursuant to Rule 23 of the Federal Rules of Civil Procedure, certifying
25 the State Law Classes as alleged and prayed herein or on such terms as the Court
26 deems applicable to this case;
27
28
- 18 -
1 3. Damages according to proof for regular rate pay under federal law for all hours
2 worked within three years of the filing of the original complaint until the date of
3 entry of judgment;
4 4. Damages according to proof for minimum rate pay under federal law for all hours
5 worked within three years of the filing of the original complaint until the date of
6 entry of judgment;
7 5. Damages according to proof for overtime compensation under federal law for all
8 hours worked over 40 per week within three years of the filing of the original
9 complaint until the date of entry of judgment;
10 6. For liquidated damages as provide by law on the federal claims;
11 7. In the alternative, if the Court determines liquidated damages are not appropriate,
(775) 284-1500 Fax (775) 703-5027
12 then for interest at the maximum legal rate on all amounts found due from the date
7287 Lakeside Drive
13 of the undue overtime until paid in full;

Reno, NV 89511
14 8. Damages according to proof for regular rate pay under all the state laws alleged
15 herein for all hours worked during the relevant time period;
16 9. Damages according to proof for minimum rate pay under all the state laws alleged
17 herein for all hours worked during the relevant time period;
18 10. Damages according to proof for overtime compensation under all the state laws
19 alleged herein law for all applicable hours worked during the relevant time period;
20 11. For all statutory damages according to proof;
21 12. For reasonable attorney’s fees according to proof;
22 13. For reasonable costs according to proof;
23 14. For such other relief as the Court deems just and proper.
Dated: August 28, 2013 THIERMAN LAW FIRM
24
25 By:/s/Mark R. Thierman
Mark R. Thierman, Nev. Bar #8285
26 Joshua D. Buck, Nev. Bar #12187
7287 Lakeside Drive
27
Reno, Nevada 89511
28 Tel: (775) 284-1500
- 19 -

Busk 2nd Amended Complaint

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Case 2:10-cv-01854-RLH-NJK Document 47 Filed 08/28/13 Page 1 of 19

Mark R. Thierman, Nev. Bar No. 8285

BROOKE BOMBOY on behalf of SECOND AMENDED COLLECTIVE

13 5. Defendant INTEGRITY STAFFING SOLUTIONS INC. (individually referred to

11 directly by Amazon.Com as a “Receiver” at one of its Phoenix, Arizona, warehouse facilities.

13 by Integrity as a “Picker/Packer” at another one of Amazon.Com’s Phoenix, Arizona, warehouse

1 12. Plaintiff Bomboy is a resident of Berwick, Pennsylvania, and was employed by

1 locations owned and/or maintained by Amazon.com. The services rendered by Integrity

12 hourly paid, warehouse employees employed on Integrity’s payroll at Amazon.com locations

13 relief requested in this Complaint.

12 hour, beginning 24 months after that 60th day.

13 35. 29 U.S.C. § 207(a)(l) provides in pertinent part: “Except as otherwise provided in

14 action and join this action as Plaintiffs, pursuant to 29 U.S.C. § 216(b).

12 any scheduled week of work.”

11 quits, whichever is earlier.”

13 as though fully set forth herein.

11 such wages shall be paid by mail.

13 wages or compensation due an employee under this section in lawful money

11 as though fully set forth herein.

13 behalf of the Pennsylvania Class only.

12 due, or five hundred dollars ($500), whichever is greater.”

13 of the undue overtime until paid in full;

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