IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION LEWIS ELLIOTT, DARRELL LANGLEY, YOLANDA

HOLLOWAY, VANDIETTA WILLIAMS, TAREE HUTCHINS, and KEIARRA HAWKINS, and on behalf of similarly situated individuals, Plaintiffs, -vWELCOME HOUSE, INC. and DON JOHNSON, Defendants.

CASE NO. 3:11-cv-2483 ECF

PLAINTIFFS ORIGINAL COMPLAINT COLLECTIVE ACTION

TO THE HONORABLE UNITED STATES DISTRICT COURT JUDGE: NOW COME Lewis Elliott, Darrell Langley, Yolanda Holloway, Vandietta Williams, Taree Hutchins, and KeiArra Hawkins, individually and on behalf of similarly situated individuals, and file this, their Plaintifffs Original Complaint Collective Action. I. SUMMARY 1. Plaintiffs seek unpaid minimum and overtime wages under the Fair Plaintiffs, and similarly situated employees, worked for

Labor Standards Act.

Defendants as Residential Aides at the three shared housing facilities. 2. Plaintiffs are low wage workers performing menial tasks. In Fall 2010,

Defendants stopped paying Plaintiffs. Defendants began paying half wages (which

PLAINTIFFS ORIGINAL COMPLAINT COLLECTIVE ACTION Page 1

fell below the minimum wage) and then stopped paying anything at all. Although Plaintiffs were promised that they ultimately would be paid, this never happened. 3. During the same time, Defendant Don Johnson enjoyed a lavish

lifestyle. The wage theft involved is estimated at over $170,000 and includes at least 26 Residential Aides. Plaintiffs seek, on behalf of themselves and those similarly situated, unpaid wages, liquidated damages, attorney fees, and all other relief permitted. II. JURISDICTION AND VENUE 4. This Court has original jurisdiction to hear this complaint and to

adjudicate the claims stated herein under 28 U.S.C. 1331, this action being brought under the Federal Fair Labor Standards Act, 29 U.S.C. 201 et seq. (FLSA). Venue is proper because a substantial part of the events or omissions giving rise to the claim occurred in this District, and Defendants are subject to personal jurisdiction in Texas. III. PARTIES 5. Defendant Welcome House, Inc. (Welcome House) is a corporation.

Welcome House is an employer within the meaning of FLSA, 29 U.S.C. 203(d), an enterprise within the meaning of FLSA, 29 U.S.C. 203(r), and engaged in commerce within the meaning of FLSA, 29 U.S.C. 203(s)(1).

PLAINTIFFS ORIGINAL COMPLAINT COLLECTIVE ACTION Page 2

6.

Defendant Don Johnson (Johnson) is the founder, owner and

executive director of Welcome House during the applicable statute of limitations. Johnson is an employer within the meaning of FLSA, 29 U.S.C. 203(d). 7. Plaintiff Lewis Elliott (Elliott) is a resident of Texas and worked as a

Residential Aide based out of the three shared housing facilities in Dallas County, Texas. Elliott has been engaged in commerce as required by the FLSA, 29 U.S.C. 206-07. Elliotts consent form is attached as part of Exhibit A. 8. Plaintiff Darrell Langley (Langley) is a resident of Texas and worked

as a Residential Aide based out of the three shared housing facilities in Dallas County, Texas. Langley has been engaged in commerce as required by the FLSA, 29 U.S.C. 206-07. Langleys consent form is attached as part of Exhibit A. 9. Plaintiff Yolanda Holloway (Holloway) is a resident of Texas and

worked as a Residential Aide based out of the three shared housing facilities in Dallas County, Texas. Holloway has been engaged in commerce as required by the FLSA, 29 U.S.C. 206-07. Holloways consent form is attached as part of Exhibit A. 10. Plaintiff Vandietta Williams (Williams) is a resident of Texas and

worked as a Residential Aide based out of the three shared housing facilities in Dallas County, Texas. Williams has been engaged in commerce as required by Williams consent form is attached as part of

the FLSA, 29 U.S.C. 206-07. Exhibit A.

PLAINTIFFS ORIGINAL COMPLAINT COLLECTIVE ACTION Page 3

11.

Plaintiff Taree Hutchins (Hutchins) is a resident of Texas and

worked as a Residential Aide based out of the three shared housing facilities in Dallas County, Texas. Hutchins has been engaged in commerce as required by Hutchins consent form is attached as part of

the FLSA, 29 U.S.C. 206-07. Exhibit A. 12.

Plaintiff KeiArra Hawkins (Hawkins) is a resident of Texas and

worked as a Residential Aide based out of the three shared housing facilities in Dallas County, Texas. Hawkins has been engaged in commerce as required by the FLSA, 29 U.S.C. 206-07. Hawkins consent form is attached as part of Exhibit A. 13. Plaintiffs bring this action on behalf of themselves and other similarly

situated employees pursuant to 29 U.S.C. 216(b). Plaintiffs and the similarly situated employees are individuals who were, or are employed by Defendants as Residential Aides in the past three years. The putative class has been engaged in commerce as required by the FLSA, 29 U.S.C. 206-07. IV. NATURE OF THE ACTION 14. This action is brought to recover unpaid wages to Plaintiffs and all

other similarly situated current and former Residential Aides of Defendants. 15. Defendants practices violate the FLSA, 29 U.S.C. 201 et seq.

Plaintiffs seek injunctive and declaratory relief, compensation and credit for all uncompensated work required, suffered, or permitted by Defendants, liquidated and/or other damages, penalties and interest as permitted by applicable law, and attorneys fees and costs.

PLAINTIFFS ORIGINAL COMPLAINT COLLECTIVE ACTION Page 4

V. COLLECTIVE ACTION ALLEGATIONS 16. Plaintiffs bring this claim for relief for violations of the FLSA as a

collective action pursuant to Section 16(b) of the FLSA, 29 U.S.C. 216(b), on behalf of all persons who were employed by Defendants as Residential Aides, who have not been compensated at minimum wage rate for all work performed and who have not been compensated at one and one-half times the regular rate of pay for all work performed in excess of forty hours per work week. 17. 18. Defendants operate shared housing facilities. Defendants operated three shared housing facilities for Project These housing facilities were

Extended Arms throughout Dallas, Texas.

respectively located at 2425 East Overton, 2430 East Overton, and 1633 Overton, Dallas, Texas 75216. 19. Questions of law and fact common to Plaintiffs as a whole include, but

are not limited to the following: a. Defendants unlawfully failed to pay minimum wages in violation of the FLSA, 29 U.S.C. 201 et seq.; b. Defendants unlawfully failed to pay overtime wages in violation of the FLSA, 29 U.S.C. 201 et seq.; c. Defendants failure to pay minimum and overtime wages to Plaintiffs and members of the Class was willful within the meaning of the FLSA;

PLAINTIFFS ORIGINAL COMPLAINT COLLECTIVE ACTION Page 5

d. Defendants failed and continued to fail to maintain accurate records of actual time worked by Plaintiffs and members of the Class; e. Defendants failed to record or report all actual time worked by Plaintiffs and members of the Class; and f. Defendants failed to provide accurate wage statements itemizing all actual time worked and wages earned by Plaintiffs and members of the Class. 20. This claim for relief for violations of the FLSA may be brought and

maintained as an opt-in collective action pursuant to 16(b) of the FLSA, 29 U.S.C. 216(b), for all claims asserted by the Plaintiff on behalf of members of the class, because the claims of the Plaintiff are similar to the claims of the members of the prospective class. 21. Plaintiffs, and members of the class, are similarly situated, have

substantially similar job requirements, pay provisions, and are subject to Defendants common practice, policy, or plan of refusing to pay minimum wages and overtime wages in violation of the FLSA. 22. employees. The Named Plaintiffs claims are typical of similarly situated Plaintiffs, like other similarly situated employees who worked for

Defendants, were subject to Defendants policy and practice of refusing to pay minimum and overtime wages in violation of Federal law.

PLAINTIFFS ORIGINAL COMPLAINT COLLECTIVE ACTION Page 6

23. facilities.

Plaintiffs worked as Residential Aides at each of the shared housing As Residential Aides, Plaintiffs monitored the residents and oversaw

group sessions with the residents. Plaintiffs also cooked, cleaned, and served the residents. Plaintiffs provided security for the residents and closely monitored the residents for any drug use, security, and usage of medications. 24. Plaintiffs were either routinely paid only a fraction of federal minimum

wages or not paid any wages at all. 25. 26. Plaintiffs were also routinely not paid for any federal overtime wages. In addition, after November 2010 and continuing to present, Plaintiffs

and similarly situated employees were not paid any federal minimum wages or overtime wages for any and all work performed. 27. 28. 29. Johnson is the founder and executive director of Welcome House. Johnson is the sole owner of Welcome House. On information and belief, Johnson actively controls Welcome Houses

grant funding and spending. 30. On information and belief, Johnson controls and guides Welcome

Houses policies. 31. On information and belief, Johnson knew that employees were not

being paid minimum and overtime wages. 32. On information and belief, Johnson did nothing to remedy the

nonpayment of minimum and overtime wages to employees.

PLAINTIFFS ORIGINAL COMPLAINT COLLECTIVE ACTION Page 7

33.

These practices violate the provisions of the FLSA, 29 U.S.C. 201 et As a result of these unlawful practices,

seq. specifically 206 and 207(a)(1).

Plaintiffs and the similarly situated employees suffered a loss of wages. 34. Defendants showed reckless disregard for the fact that their failure to

pay the Residential Aides and chefs appropriate minimum wages and/or overtime compensation was in violation of the law. 35. Defendants failed to respond to Plaintiffs requests, through their

attorneys, for an explanation for Defendants failure to pay prior to filing this suit. 36. All conditions precedent to the filing of this suit have been satisfied. VI. JURY DEMAND 37. Plaintiffs, individually and on behalf of the putative class, exercise the

right to a jury. VII. PRAYER FOR RELIEF WHEREFORE, Plaintiffs individually, and on behalf of all employees similarly situated who join in this action, demand: A. Issuance of notice as soon as possible to all employees who were employed by Defendants as Residential Aides during any portion of the three years immediately preceding the filing of this action. Generally, this notice should inform them that this action has been filed, describe the nature of the action, and explain their right to opt into this lawsuit

PLAINTIFFS ORIGINAL COMPLAINT COLLECTIVE ACTION Page 8

if they were not paid correctly for hours worked as employees during any portion of the statutory period; B. Judgment against Defendants for an amount equal to Plaintiffs and the class unpaid back wages at the applicable regular rate for each hour worked under forty; C. Judgment against Defendants for an amount equal to Plaintiffs and the class unpaid back wages at the applicable overtime rate for each hour worked over forty; D. Judgment against Defendants that their violations of the FLSA were willful; E. F. An equal amount to the wage damages as liquidated damages; To the extent that liquidated damages are not awarded, an award of prejudgment interest; G. All costs incurred and reasonable attorneys fees for prosecuting these claims; H. Leave to add additional Plaintiffs by motion, the filing of written consent forms, or any other method approved by the Court; I. J. Leave to amend to add claims under applicable state laws; and For such further relief as the Court deems just and equitable.

PLAINTIFFS ORIGINAL COMPLAINT COLLECTIVE ACTION Page 9

Respectfully submitted,

By: /s/Caitlin S. Connors Robert J. Wiley Texas Bar No. 24013750 Board Certified in Labor and Employment Law Texas Board of Legal Specialization Caitlin S. Connors Texas Bar No. 24064124 Stacey H. Cho Texas Bar No. 24063953 ROB WILEY, P.C. 1825 Market Center Blvd., Ste. 385, Dallas, Texas 75207 Telephone: (214) 528-6500 Facsimile: (214) 528-6511 cconnors@robwiley.com Attorneys for Plaintiffs

PLAINTIFFS ORIGINAL COMPLAINT COLLECTIVE ACTION Page 10