E-FILED 2023 AUG 05 10:52 AM WARREN - CLERK OF DISTRICT COURT

IN THE IOWA DISTRICT COURT FOR WARREN COUNTY

KRISTAN MAY DECKER, REAGAN

MARIE KINGREY, Case No.: ______________
JULIE ANN STEIL, MAKAYLA MARIE
MCDONALD,
JAMIE LEA LEIH, CHRISTINA ANN
MATHEWS,
STEVEN WAYNE GARRETT, THEREASA
A NEER, PETITION
ALLISON LYNN BARRENECHEA, CHERI AND
MCINTYRE-REIF, and CHRISTY ANN JURY DEMAND
GURWELL,

Plaintiffs,

v.

WARREN COUNTY,

Defendant.

Plaintiffs, individually and together, for their Complaint against Defendant Warren

County, allege as follows:

1. The Plaintiffs is a current employee of the Warren County and brings this action to

recover overtime compensation and interest thereon from the Warren County, liquated damages,

attorney fees and costs under the provisions of The Fair Labor Standards Act of 1938, as amended,

hereinafter referred to as the Act and Iowa Code 91A Iowa Wage Payment Collection.

2. Plaintiffs are citizens of the United States and residents of the State of Iowa.

3. Plaintiffs are current employees of the Warren County, and have been improperly

classified, since at least January 1, 2020, through and including the present, by Defendant as an

employee that is exempt from the overtime provisions of the Fair Labor Standards Act of 1938, as

amended and Iowa Code 91A Iowa Wage Payment Collection.

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Jurisdiction

4. The FLSA and Iowa Code 91A IWPCL authorize court actions by private parties

to recover damages for violation of its wage and hour provisions or failure to timely pay wages.

Jurisdiction in this Court over Plaintiff’s FLSA claim is based on 29 U.S.C. § 216(b), and on Iowa

Code 91A, IWPCL.

5. Venue in Warren County is proper as this action is brought against Warren County,

a governmental entity with its principal place of business located in Indianola, Iowa.

Parties

6. Plaintiffs all bring this lawsuit under the Fair Labor Standards Act (“FLSA”), 29

U.S.C. § 201 et seq., and the Iowa Wage Payment Collection Law (“IWPCL”), Iowa Code § 91A.1

et seq., to recover unpaid wages.

7. Plaintiff, Kristan May Decker, is a resident of Iowa and is employed by Defendant

Warren County as a Dispatcher in the Sheriff’s department.

8. Plaintiff, Reagan Marie Kingrey, is a resident of Iowa and is employed by

Defendant Warren County as a Dispatcher in the Sheriff’s department.

9. Plaintiff, Julie Ann Steil, is a resident of Iowa and is employed by Defendant

Warren County as a Dispatcher in the Sheriff’s department.

10. Plaintiff, Makayla Marie McDonald, is a resident of Iowa and is employed by

Defendant Warren County as a Dispatcher in the Sheriff’s department.

11. Plaintiff, Jamie Lea Leih, is a resident of Iowa and at relevant times was employed

by Defendant Warren County as a Dispatcher in the Sheriff’s department.

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12. Plaintiff, Christina Ann Mathews, is a resident of Iowa and was employed by

Defendant Warren County as a Dispatcher in the Sheriff’s department until July of 2022. She is

still employed by the Defendant in another position.

13. Plaintiff, Steven Wayne Garrett, is a resident of Iowa and is employed by Defendant

Warren County as a Dispatcher in the Sheriff’s department.

14. Plaintiff, Thereasa A Neer, is a resident of Iowa and is employed by Defendant

Warren County as a Dispatcher in the Sheriff’s department.

15. Plaintiff, Allison Lynn Barrenechea, is a resident of Iowa and is employed by

Defendant Warren County as a Dispatcher in the Sheriff’s department.

16. Plaintiff, Cheri Mcintyre-Reif, is a resident of Iowa and was at relevant times

employed by Defendant Warren County as a Dispatcher in the Sheriff’s department.

17. Plaintiff, Christy Ann Gurwell, is a resident of Iowa and was employed by

Defendant Warren County as a Dispatcher in the Sheriff’s department until June 20, 2023.

18. Defendant, Warren County is a governmental entity, within the territorial

jurisdiction of this Court, having its principal office and its place of business located in Indianola,

Warren County, Iowa and is an employer within the meaning of Section 3(d) of the Act and Iowa

Code Chapter 91A. Defendant employs or has employed the Plaintiff. It is the responsibility,

obligation and duty of the Warren County, as employer, to put into effect procedures for and to

require payment of proper overtime pay to the employees of the Warren County and otherwise

comply in this regard with both federal and state law.

General Allegations

19. At all times relevant hereto, Plaintiffs have been employed as a dispatchers working

for Warren County.

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20. Pursuant to the FLSA and the IWPCL Plaintiffs are paid on an hourly basis and are

required to be paid overtime for hours worked in excess of 40 hours per week.

21. Despite the Plaintiffs constituting non-exempt hourly employees, the Defendant

failed and refused to pay proper overtime wage payments.

22. Plaintiffs have regularly worked in excess of 40 hours per week and were not paid

time and a half overtime as provided by the FLSA and IWCPL.

23. Plaintiff seeks relief challenging Defendant’s practice of failing to pay employees

overtime (premium overtime/time and a half) wages.

COUNT I: Violation of the Fair Labor Standards Act

24. Plaintiffs restate and re-allege paragraphs 1-23 as if stated herein.

25. Defendant is subject to FSLA’s overtime requirements as stated in 29 U.S.C.A.

§207.

26. Defendant has failed to pay Plaintiff overtime for their work that is in excess of one

and half hourly rate for their work that is properly to be paid under 29 U.S.C.A. §207.

27. Plaintiffs have been harmed by the failure to pay the appropriate amount.

28. The Defendant knew that this overtime was continuing in nature and the duties

being performed were an integral and indispensable part of the employee’s principal work activity.

29. Defendant Warren County owe Plaintiffs the wages for time and a half overtime

work.

30. Defendant Warren County is liable for unpaid wages, liquidated wages, attorney

fees and costs pursuant to 29 U.S.C.A. §216.

31. Defendants should be ordered by injunctive relief to properly classify and pay, in

the future, in compliance with federal and state law as to overtime obligations.

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WHEREFORE Plaintiff demand judgment against Defendant and pray for: (1)

compensatory damages; (2) liquidated damages; (3) attorneys’ fees and costs as allowed by 29

U.S.C.A. §201 et. seq.; (4) pre-judgment and post-judgment interest as provided by law; (5)

injunctive relief requiring compliance with FLSA law in the future; and (6) such other relief as the

Court deems fair and equitable.

Count II: Violation of the Iowa Wage Payment Collection Law

32. Plaintiffs reassert and re-allege paragraphs 1-31 as if stated herein.

33. At all relevant times herein, Plaintiffs have been entitled to the rights, protections,

and benefits provided under the IWPCL, Iowa Code § 91.A.1 et seq.

34. The IWPCL requires “employers” to pay all wages owed to their “employees” less

lawful deductions. Iowa Code §§ 91.A.3 & 91.A.2(3), (4) & (7).

35. During all times relevant to this action, Defendant Warren County was the

“employer” of Plaintiffs within the meaning of the IWPCL. Iowa Code § 91.A.1(4).

36. During all times relevant to this action, Plaintiffs were Defendant Warren County’s

“employees” within the meaning of the IWPCL. Iowa Code § 91.A.1(3).

37. Defendant has violated the IWPCL by failing to pay Plaintiff for overtime hours.

Code § 91.A.3.

38. Defendant has intentionally refused to pay all wages due as set forth above to

Plaintiffs in violation of the IWPCL. Id.

39. Defendant is not permitted by federal or state law to withhold or divert any portion

of the wages of Plaintiffs that are at issue in this suit.

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40. Plaintiffs are entitled to damages from Warren County equal to the overtime wage

due within three years preceding the filing of this Complaint plus periods of equitable tolling. Iowa

Code § 91.A.8.

41. Defendant’s conduct has been intentional, and therefore Plaintiff is entitled to

recover an additional equal amount as liquidated damages. Id.

42. Plaintiffs are entitled to an award of pre-judgment and post-judgment interest at the

applicable legal rate.

43. Defendant Warren County is liable for Plaintiff’s usual and necessary costs and

attorneys’ fees incurred in this action. Id.

WHEREFORE Plaintiff demands judgment against Defendant and prays for: (1)

compensatory damages; (2) liquidated damages; (3) attorneys’ fees and costs as allowed by Iowa

Code § 91.A.8; (4) pre-judgment and post-judgment interest as provided by law; and (5) injunctive

relief to require future compliance with law; and (6) such other relief as the Court deems fair and

equitable.

Demand for Jury Trial

Plaintiffs hereby request a trial by jury of all issues triable by jury.

Respectfully submitted,

By: /s/ Christopher A. Kragnes, Sr.

Christopher A. Kragnes, Sr., AT0004355
Attorney for the Plaintiff
317 6th Ave., Suite 1300
Des Moines, IA 50309
Phone: 515-282-9200
Email:chris@ktkpc.com