You can view the 1st complaint here. - Fitapelli & Schaffer, LLP

Case 1:11-cv-04673-FB-JMA Document 26 Filed 02/24/12 Page 10 of 26 PageID #: 99
56. In or about February 2010, Frawley had a meeting with Plaintiffs to discuss
Fidelis’ overtime policies. During this meeting, Frawley informed Plaintiffs that reporting
unauthorized overtime could result in termination and that he did not want Plaintiffs asking for
overtime to meet their goals.
57. On June 25, 2011, Frawley signed and approved a revised Marketing
Representative Incentive Program. This revised policy for Plaintiffs outlined their job
responsibilities, pay structure, and incentive goals.
58. On August 24, 2011, Frawley reviewed and overturned an August 11, 2011
decision to terminate Plaintiff Serrano. In a letter to Plaintiff Serrano, Frawley specifically states
that he is “overturning the decision to terminate you [Serrano], and restoring you to your position
with pay for the period from August 11th.”
59. In or around August 2011, Plaintiff Serrano made multiple complaints to Frawley
regarding Defendants failure to pay Plaintiff Serrano the appropriate overtime wages. In
response to Plaintiff Serrano’s complaints, on September 19, 2011, Frawley sent a letter to
Plaintiff Serrano explaining that he was investigating the matter and required more information
from Plaintiff Serrano for his investigations.
60. At all relevant times, Frawley has had power over payroll decisions at Fidelis,
including the power to retain time and/or wage records.
61. Frawley is actively involved in managing the day to day operations of Fidelis.
62. At all relevant times, Frawley has had the power to stop any illegal pay practices
that harmed Plaintiffs, including policies governing overtime.
of Fidelis.
63. At all relevant times, Frawley has had the power to transfer the assets or liabilities
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