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Case 3:11-cv-00982-CFD Document 1 Filed 06/20/11 Page 4 of 20authorized regional distributors.11. Defendant Kirby conditionally appointed Defendants Zabka and SZE as the soledistributor of its products in most or all of Connecticut in 1999.12. Defendants Kirby conditioned that appointment on Defendants Zabka’s andSZE’s acceptance of the former’s control and domination of the business and personnel policies.For example, Defendants Zabka and SZE were required to:a) Sell Kirby products “in accordance with the Company’s Marketing System”;b) Train employees to work in accordance with the “Company MarketingSystem”;c) Recommend a minimum number of employees to Kirby each year forappointment as authorized distributors;d) Sign contracts with employees that terminate automatically upon theexpiration of Kirby’s own relationship with Defendants Zabka or SZE;e) Maintain a certain number of hires and sales;f) Maintain financial and other records in accordance with Defendant Kirby’sneeds and make them available for inspection;g) Sell financing through Kirby-owned United Consumer Financial Services(hereinafter “UCFS”), the exclusive financer of Kirby products.13. Defendant Kirby further controlled and dominated Defendants Zabka and SZE byproviding lawyers, personnel policies, marketing assistance, training materials, promotional andadvertising materials, customer service support, and potential customer leads through toll-freenumbers and internet websites.4
Case 3:11-cv-00982-CFD Document 1 Filed 06/20/11 Page 5 of 20CLASS ALLEGATIONS14. Plaintiffs bring this action individually and as an opt-in collective action pursuantto 29 U.S.C. Sec. 216(b) on behalf of a class of all individuals who worked for DefendantsZabka and SZE at any time in the three years prior to the filing of the Complaint who Defendantsdid not pay appropriately for all hours worked as demanded by the Fair Labor Standards Act.15. Plaintiffs also bring this action individually and as an opt-out class actionpursuant to Rule 23(b)(3) of the Federal Rules of Civil Procedure, on behalf of a class of allindividuals who worked for Defendants at any time in the two years prior to the filing of theComplaint to whom Defendants failed to pay Connecticut-mandated minimum wage andovertime and/or who were fraudulently induced into employment by Defendants’ intentionalmisrepresentations about the nature of the work, the rate of pay, sign-on bonuses.16. This action satisfies the requirements of Rule 23(a), in that:A. The proposed Plaintiff class is so numerous that joinder of all individuals isimpracticable;B. There are questions of law and/or fact common to the members of the proposedclass including, but not limited to, Defendants’ failure to pay the minimum wageand overtime required by Connecticut’s Wage and Hour Law and the fraudulentmisrepresentations made to class members to induce them to accept employmentwith Defendants;C. The claims of the Plaintiffs are typical of the claims of the proposed class;D. Plaintiffs will fairly and adequately protect the interests of the class; and17. This action satisfies the requirements of Rule 23(b), Fed.R.Civ.P because thequestions of law and/or fact common to the proposed Plaintiff class predominate over any5
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