Zinsky v. Russin - Second Amended Complaint - 2022-11-01 - Case No. 2:22-cv-00547-MJ

Case 2:22-cv-00547-MJH Document 49 Filed 11/01/22 Page 1 of 53
IN THE UNITED STATES DISTRICT COURT FOR

THE WESTERN DISTRICT OF PENNSYLVANIA
RENEE ZINSKY, Civil Action
Plaintiff, No. 2:22-cv-547
vs.
Judge Horan
MICHAEL RUSSIN, RUSSIN FINANCIAL,
RUSSIN GROUP, SIMON ARIAS, III,
ARIAS AGENCIES,
S.A. ARIAS HOLDINGS, LLC,
AMERICAN INCOME
LIFE INSURANCE COMPANY,
Defendants. JURY TRIAL DEMANDED
PLAINTIFF’S SECOND AMENDED COMPLAINT
Pursuant to F. R Civ. P. 15(a)(1), Plaintiff, Renee Zinsky (“Plaintiff”), by and through her
undersigned counsel, files this Second Amended Complaint against Michael Russin
(“Defendant” Or “Russin”), Russin Financial (“Defendant” or “Russin Financial”), Russin Group
(“Defendant” or “Russin Group”), Simon Arias III (“Defendant” or “Arias”), Arias Agencies
(“Defendant” or “Arias Agencies”), S. A. Holdings LLC (“Defendant” or “Arias Holdings”), and
American Income Life Insurance Company (“Defendant” or “AIL”) seeking all available relief
under the Fair Labor Standards Act of 1938, 29 U.S.C. §§201, et seq. (“FLSA”) and
Pennsylvania laws. The following allegations are based on personal knowledge as to Plaintiff’s
own conduct and on information and belief as to the acts of others.
JURISDICTION AND VENUE
1. This Court has jurisdiction over Plaintiff’s FLSA claim pursuant to 29
U.S.C. Pa.C.S.A. § 216(b) and 28 U.S.C. § 1331.
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2. This Court has jurisdiction over Plaintiff’s claims for sexual assault, and related
torts (battery, false imprisonment, negligent infliction of emotional distress, and intentional
infliction of emotional distress) pursuant to the Ending Forced Arbitration of Sexual Assault and
Sexual Harassment Act of 2021 (H.R. 4445), amending the Federal Arbitration Act (9 U.S.C.
§§1-16).
3. This Court has supplemental jurisdiction under 28 U.S.C. § 216(b) and 28 U.S.C.
§1331.
4. Venue in this Court is proper pursuant to 28 U.C. 1391. Plaintiff resides in this
judicial district, the events giving rise to Plaintiff’s claims occurred within this district, and the
Defendants do business in this district.
PARTIES
5. Plaintiff, Renee Zinsky (“Plaintiff” or “Zinsky”), is an adult individual who
resides in Wexford, Pennsylvania 15090.
6. Michael Russin (“Defendant” or “Russin”) is an adult individual who resides at
11 Noble Lane, Windham Maine, 04062.
7. Russin Financial (“Defendant” or “Russin Financial”) is a Pennsylvania
corporation and has its principal place of business at 150 Lake Drive, Suite 105, Wexford,
Pennsylvania, 15090.
8. The Russin Group LLC (“Defendant” or “Russin Group”) is a Pennsylvania
corporation and has its principal place of business at 8000 Christopher Wren Drive, Unit 108,
Wexford, Pennsylvania 15090.
9. Russin Financial and The Russin Group LLC are owned and operated by Russin.
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10. Simon Arias, III (“Defendant” or “Arias”) is an adult individual who resides at
103 Indian Meadow Drive Mars, Pennsylvania, 16046.
11. Arias Agencies (“Defendant” or “Arias Agencies”) is a Pennsylvania
corporation and has its principal place of business at 150 Lake Drive, Suite 105, Wexford,
Pennsylvania, 15090.
12. S.A. Arias Holdings, LLC (“Defendant” or “Arias Holdings”) is a Pennsylvania
corporation and has its principal place of business at 12330 Perry Highway, Wexford
Pennsylvania 15090.
13. Arias Agencies and S.A. Arias Holdings, LLC are owned and operated by
Arias.
14. American Income Life Insurance Company (“Defendant” or “AIL”) is an
Indiana corporation and operates throughout the United States, including approximately
thirteen offices in this judicial district.
15. AIL is a financial services business which includes selling life insurance
products to consumers through its agencies such as Russin Financial and Arias Agencies.
16. AIL is an insurance company registered with the National Association of
Insurance Commissioners.
17. AIL employs Plaintiff and other individuals engaged in commerce or in the
production of good for commerce and/or handling, selling, or otherwise working on goods or
materials that have been moved in or produced in commerce by any person, as required by 29
U.S.C. §§ 206- 207.
18. Russin Financial, Russin Group, Arias Agencies, Arias Holdings, and AIL’s
(collectively referred to as “Corporate Defendants”) business models are, in large part, based
on selling life insurance products to consumers as well as recruiting sales agents.
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19. The Corporate Defendants’ annual gross volume of business exceeds
$500,000.00.
20. The Corporate Defendants are not independently owned and controlled local
enterprises within the meaning of 29 U.S.C. § 207(b)(3).
BACKGROUND FACTS
21. Plaintiff has been employed by the Corporate Defendants from April 2019
through present, as an insurance producer, selling life insurance products on behalf of the
Corporate Defendants.
22. From April 2019 through August 2021, approximately, Plaintiff held the
positions of Agent, Supervising Agent, and General Agent while reporting to Russin.
23. From August 2021 through present, Plaintiff has held the position of Agent
while reporting to Arias.
24. For all relevant times herein, Russin reported to Arias.
25. Throughout all of her positions noted above, Plaintiff was paid on a
commission basis.
26. The Corporate Defendants required Plaintiff to sign an “Agent Contract” for
each of Plaintiff’s aforementioned agent positions.
27. Most recently, the Corporate Defendants required Plaintiff to enter into an
Agent Contract in August 2021 (“Agent Contract”). Attached hereto as Exhibit A is a true and
correct copy of the unexecuted agreement provided by the Corporate Defendants at that time2.
28. Plaintiff’s Agent Contract provides a specific commission structure. The
Contract further provides, in relevant part, as follows:
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Plaintiff believes and therefore avers that she signed this Contract on or about August 20, 2021 but has
been unable to locate the executed agreement to date.
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a. The Agent is not an employee of the Company; rather the agent is an

independent contractor. The agent has no fixed hours and is free to
choose the time and manner in which services are performed;
b. The Agent shall be responsible for all expenses incurred in the production
of insurance for the Company. The Agent shall, at his or her own expense,
furnish his or her own means of transportation … and any other relevant
expense incurred solicitation of insurance for the Company. All disputes,
claims, questions and controversies of any kind or nature arising out of or
relating to this Contract… except a dispute regarding the enforceability of
this agreement to arbitrate, shall be submitted to binding arbitration.
c. Aside from issues relating to arbitration or the enforceability of this
agreement to arbitrate, all issues relating to any dispute, claim, or
controversy arising out of or relating to this Contract shall be governed by
and decided in accordance with the internal laws of the State of Texas,
without regard to its choice-of-law rules.
d. In the event of any dispute or disagreement, whether arising out of this
Contract or otherwise … The Parties to the dispute shall use their best
efforts to settle such disputes … The Parties shall negotiate with each
other in good faith to reach a just solution.
A. The Hiring Process
29. On or about November 2018, Plaintiff interviewed with Russin for a sales agent
position with the Corporate Defendants.
30. During the interview, Russin represented that, as a sales agent for the Corporate
Defendant’s, Plaintiff’s compensation would be comprised of multiple income streams,
including but not limited to the following:
a. Commissions based on volume and retention of life insurance product sales;

b. Commissions based on volume and retention of new agent recruits;
c. Bonuses; and,
d. Customer renewals of previously sold life insurance products which
continue for a certain period of time depending on the agents’ tenure.
31. Since, various representatives on behalf of the Corporate Defendants have
reiterated the same compensation structure to Plaintiff.
32. Immediately following the aforementioned interview, Russin offered Plaintiff a
position as a Sales Agent, pending her passing the applicable Pennsylvania license exam.
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33. Over the next couple of months, Russin would contact Plaintiff from time to
time to get updates with regard to her decision and the status of her licensing process.
34. At that time, Russin promised Plaintiff that if Plaintiff accepted the job offer of
Sales Agent, she would be making enough money to pay for her living expenses, pay off her
personal debts, save an additional $50,000.00, and be promoted to a Master General Agent
within her first year of work.
35. In reliance on the above referenced representations and promises, Plaintiff
accepted the job offer and obtained her state license on or about March 2019.
B. Plaintiff’s Employment
36. On or about late April 2019, Plaintiff began working as a Sales Agent for the
Corporate Defendants at their office located at 150 Lake Drive, Suite 105, Wexford,
Pennsylvania, 15090 (“Wexford Office”).
37. Arias, Russin, and other sales agents of the Corporate Defendants reporting up
to Russin and/or Arias also worked out of the Wexford Office.
38. From approximately May 2019 through November 2020, Plaintiff received
sales commissions on a weekly basis and renewal commissions (from prior sales) on a
monthly basis.
39. On or about November 2020, without notice, the Corporate Defendants began
withholding Plaintiff’s compensation for earned monthly renewal commissions.
40. Despite Plaintiff’s repeated inquiries and requests since November 2020, the
Corporate Defendants have never provided a response or explanation with regard to Plaintiff’s
owed compensation.
41. To date, the Corporate Defendants continue to withhold said compensation
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owed to Plaintiff for her earned renewals since November 2020.
42. Upon information and belief, the Defendants routinely withhold their sales
agents’ compensation for various reasons, including but not limited to blackmail, coercion,
intimidation tactics or other unethical and/or unlawful reasons, to their benefit.
43. Upon hire, the Corporate Defendants required Plaintiff to attend training for
approximately one month.
44. The Corporate Defendants informed Plaintiff that she would be compensated at
least $500 per week for the mandatory training.
45. The mandatory training lasted at least four weeks and Plaintiff was required to
work more than eight hours per day, six or more days per week, and over forty (40) hours a
week while training.
46. During training, the Corporate Defendants required Plaintiff to work on-site and
attend training courses in its offices. Plaintiff was also required to “shadow” employees of
Corporate Defendants “in the field”. Some of those days lasted in excess of 12 hours.
47. Plaintiff is unable to ascertain her actual hourly rate during training because she
never received a single paystub that reflected her applicable hourly rate, total hours worked,
gross wages earned, or net wages earned; however, the rate of pay for Plaintiff was solely set
by the Corporate Defendants.
48. Plaintiff was not paid for her time spent in training.
49. Since she did not make sales while in training, and Plaintiff’s compensation is
commission based, she did not otherwise earn money while training.
50. For all times relevant herein, the Corporate Defendants wrongfully classified
Plaintiff as an independent contractor.
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51. More specifically, the Corporate Defendants controlled practically all aspects of
Plaintiff’s work, including but not limited to the following particulars:
a. Control over the manner in which Plaintiff’s work was performed;

b. Control over Plaintiff’s work schedule, including but not limited to
certain days of the week, times, and amount of hours worked;
c. Control over Plaintiff’s work schedule, requiring in-office meetings at
certain times and days of the week;
d. Control over Plaintiff’s work schedule, requiring in-office sales calls at
certain times and days of the week;
e. Control over Plaintiff’s work schedule, requiring off-site sales meetings
with potential buyers to occur at certain times and days of the week;
f. Control over Plaintiff’s work schedule, requiring off-site team
meetings, often involving significant travel and overnights;
g. Control over Plaintiff’s work location;
h. Control over Plaintiff’s work performance;
i. Controlling the types and/or brands of products Plaintiff could sell;
j. Requiring Plaintiff to complete the Corporate Defendants’ training and
orientation programs;
k. Requiring Plaintiff to comply with the Corporate Defendants’ written
policies and guidelines;
l. Paying Plaintiff on a weekly basis;
m. Discouraging Plaintiff from holding other jobs; and,
n. Controlling Plaintiff’s work in all other respects.
52. Plaintiff performed duties that were integral to the Corporate Defendants’
business.
53. The Corporate Defendants control the method and means of Plaintiff’s work
including that of Plaintiffs and not merely the result of the work.
54. Plaintiff was not paid minimum wage or overtime pay.
55. Plaintiff did not receive regular meal and rest breaks and was not paid for
missed breaks.
56. Plaintiff was required to pay her own expenses incurred in the performance of
her job.
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C. The Defendants’ Hostile, Toxic, and Cult-Like Work Environment
57. Soon after starting to work for the Corporate Defendants, Plaintiff experienced
a highly charged misogynistic, aggressive, unethical, hostile, and toxic work environment,
including but not limited to the following particulars:
a. The vast majority of agents working for the Corporate Defendants were
male;
b. All of the business leaders within Arias Agencies and Russin Financial
were male;
c. The top business leaders within Arias Agencies were male with
significant criminal backgrounds;
d. Many of the male business leaders were professional fighters, boxers
and/or frequently engaged in physical combat activities or other violence
at work;
e. Female coworkers warned Plaintiff of frequent unwelcomed sexual
advances from the male leaders as “part of the culture”;
f. Female coworkers warned Plaintiff of sexual relationships they had
and/or were engaged in with male leaders as “part of the culture”;
g. Male agents, including but not limited to Russin, openly and frequently
abused alcohol and drugs including but not limited to steroids, male
enhancing drugs, cocaine, painkillers, and other controlled substances
during work hours, at the office, and/or work events;
h. Male agents, including but not limited to Russin, would frequently
discuss and publicize their illicit drug and alcohol abuse;
i. Male leaders, including but not limited to Russin, frequently hosted work
events at bars, nightclubs, and strip clubs where excessive alcohol and
drugs were used, along with inappropriate and offensive sexualized
language, behavior, and other degrading, misogynistic conduct;
j. Male leaders, including but not limited to Russin and Albert Serur, would
drug female subordinates, by administering sedatives such as gamma-
hydroxybutyrate (“GHB”) and other controlled substances frequently
referred to as “date rape drugs” to female subordinates without their
knowledge or consent;
k. Male leaders, including but not limited to Arias and Russin, openly and
frequently engaged in and encouraged aggressive and violent behavior
such as physical fights, slapping agents’ in the face, and wrestling
matches in the Arias Agencies office and at work related events on a
frequent basis;
l. Male leaders, including but not limited to Arias and Russin, intentionally
used lies, misrepresentations, threats, blackmail, bullying, ridicule, and
intimidation tactics to “motivate”, manipulate, or otherwise take
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advantage of their subordinates, to the Defendants’ benefit;

m. Male leaders, including but not limited to Arias and Russin, intentionally
used lies, misrepresentations, threats, blackmail, and intimidation tactics
to discourage and/or prevent agents from voicing complaints about their
and/or other males’ use of unethical and fraudulent business practices
and/or the corporate culture and work environment, generally speaking;
n. Male leaders, including but not limited to Arias and Russin, intentionally
used lies, misrepresentations, threats, blackmail, and intimidation tactics
to discourage and/or prevent agents from asserting their legal rights;
o. Male leaders, including but not limited to Russin, constantly made lewd,
sexualized, demoralizing, vile and otherwise offensive comments about
women, many of whom were their subordinates, coworkers, spouses,
girlfriends, and/or partners of said male leaders;
p. Male leaders, including but not limited to Russin, Justin Adams, James
Cunningham, Steven Dell, and Matt Diulus, openly and frequently
engaged in extramarital affairs and sexual relationships, often times with
female subordinates, and openly discussing same in the workplace;
q. Male leaders, including but not limited to Russin, Justin Adams, James
Cunningham, Steven Dell, and Matt Diulus, openly and frequently
engaged in extramarital affairs and sexual relationships, often times with
female subordinates, resulting in pregnancies which Arias and male
leaders financed or otherwise caused to be aborted;
r. Male leaders, including but not limited to Arias and Russin, engaged all
male guest speakers, many of which were professional fighters and
boxers with no experience in sales or the insurance industry to motivate
and/or educate the Corporate Defendants’ sales team;
s. Male leaders, including but not limited to Arias engaged other male guest
speakers, to include the Corporate Defendants’ male leaders such as
James Cunningham, Steve Dell, Justin Adams and Matt Diulus who had
known histories of sexually harassing and/or sexually assaulting their
female subordinates at work, to “motivate” or educate the sales team;
t. Male leaders, including but not limited to Arias and Russin would
challenge their subordinates to physical fights, or otherwise encourage
their subordinates to engage in inappropriate and violent physical contact
during work hours;
u. Promotion of males over females who performed at the same level if not
higher than said males;
v. Demotions and or terminations of females for performance similar to if
not better than male peers.
w. Paying males higher wages than females including but not limited to
sales commissions, bonuses, residual income, and other fringe benefits
such as competitions and contests;
x. Fixing, rigging, and/or otherwise manipulating Arias Agencies contests
and competitions so that certain male leaders would win over otherwise
eligible female agents;
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y. Frequent and continuous disregard for the applicable laws, regulations,

and/or Corporate Defendants’ policies, to the benefit of the Defendants;
z. Demotion of females who performed their duties in accordance with
applicable laws, regulations, and/or the Corporate Defendants’ policies;
aa. Male leaders, including but not limited to Arias and Russin, frequently
referring to males as “studs”, “young studs”, and “stallions”;
bb. Male leaders, including but not limited to Arias and Russin, frequently
referring to females as “sluts”, “bitches”, and/or “whores”;
cc. Male leaders, including but not limited to Arias and Russin, would hire
and/or seek to hire disproportionate amount of unqualified male agents
including but not limited to those with significant criminal backgrounds,
under or at the age of 18, and/or with little to no training or education;
dd. Male leaders, including but not limited to Arias and Russin, would
encourage new agents and/or prospective new agents to detach from their
friends, family, and/or respective historic personal value system so to
incorporate the Defendants’ personal and professional values;
ee. Male leaders, including but not limited to Arias and Russin, would
encourage new agents, and/or prospective new agents to drop out of
college or otherwise discontinue formal education and/or formal training
in lieu of working on behalf of Corporate Defendants; ff. Male leaders,
including but not limited to Arias and Russin, facilitated, encouraged and
promoted males, particularly those males who engaged in unethical and
fraudulent business practices, including but not limited to the following:
i. Forging AIL customers’ signatures,
ii. Billing and charging AIL customers for products and services
without said customers’ consent;
iii. Intentionally lying and/or otherwise misleading AIL customers
to fraudulently induce customers’ business;
iv. Targeting certain AIL customers including but not limited to
the elderly, uneducated, and/or unsophisticated to manipulate
and mislead;
v. Forcing subordinate sales agents to pay male leaders for sales
leads or other unknown “manager fees”;
vi. Misusing AIL customers’, including but not limited to deceased
AIL customers’, identities to fraudulently charge AIL customers
for bogus life insurance policies;
vii. Misusing former AIL agents’ license numbers and other
identifying information (without their consent) to fraudulently
sell AIL products to AIL customers; viii. Creating counterfeit
bank accounts and/or mailing addresses on behalf of the
Corporate Defendants to facilitate the aforementioned
unethical and/or fraudulent business practices; and,
ix. Violating AIL customer’s privacy rights by accessing their
private information such as bank accounts and social security
numbers privacy rights without consent to fraudulently induce
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sales, to the Defendants’ pecuniary benefit. gg. Male leaders,

including but not limited to Arias and Russin, concealing and/or
covering up for the aforementioned misconduct on behalf of
other males;
ff. Male leaders, including but not limited to Arias, taking affirmative steps
to identify and punish subordinate agents who reported and/or otherwise
spoke up against the aforementioned misconduct, including but not
limited to hiring private investigators to follow and/or harassing female
agents;
gg. Male leaders, including but not limited to Arias and Russin, encouraging,
condoning, or otherwise complicit with the aforementioned misconduct
on behalf of other males;
hh. Other inappropriate, offensive, non-compliant, or otherwise unlawful
behavior on behalf of the Corporate Defendants which contributed to the
Corporate Defendants’ hostile, toxic, and cult-like work environment.
58. In addition, Russin would frequently make inappropriate, lewd, violent,
degrading, and sexualized comments, threats, and other offensive behavior toward females in
his professional capacity on behalf of the Corporate Defendants, including but not limited to
the following:
a. I do everything fast, even cummies;

b. This deal needs to be ran like a fucking cult!
c. You little sluts;
d. Whore;
e. She was a dime piece;
f. Bitch;
g. Stupid bitch;
h. Disgusting fucking tramp;
i. You couldn’t ever taste anyone else on me? I had a few same day hits;
j. I’m the alpha male! I run this shit!;
k. Why does someone have to put a gun to your head to work;
l. Stop being a pussy;
m. My boss would leave work early to get a fuckin hand job at a massage
parlor;
n. If you’re a man and you’re successful, you’re a target…Women make up
the majority of lawsuits in business. It’s just what they do;
o. Feminism must be checked into the boards by strong men;
p. Feminism is the worst thing that’s happened to modern society;
q. A man submits to God. A woman to her husband;
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r. If I want to go sit at home and watch porn and sit on a butt plug, I will;
s. I like pussy, titties, ass and drugs;
t. I’ll blow lines and hit a tittie bar;
u. I want this to be like a fucking cult. No new person should feel
comfortable questioning the leadership;
v. I have a philosophy: kill first, ask questions later;
w. Don’t listen to these dumbass women;
x. Fuck around and find out;
y. The rise of matriarchy in the form of pseudo feminism will likely need
stamped out with violence;
z. Women want to feel protected and need to know you can be violent; aa.
Your beatings will continue until my morale improves; bb. [I’m] 240
pounds of sex drive and violence;
aa. I need to be the next best thing to goddam fuckin blow jobs, that’s how it
has to be; dd. I’m talking commune … 20-30 families living on it. I’ll
make the guys sell life insurance and the women care take care of the
kids and animals;
bb. Too many men get taken out of the game by money grubbing whores; ff.
You’re a bitch and you’ll never succeed;
cc. People know I’m a dangerous person and that people could get hurt;
dd. If you’re not working today you’re choosing your own suffering; ii. We
are going to thrust our manliness and masculine prowess upon the entire
corporation;
ee. Drop the ball on this month and everyones sons gonna grow up wanting
to be chicks and your daughters are going to be aspiring OnlyFans stars;
ff. I was being unfaithful, abusing drugs every day, every night; and,
gg. I’m not perfect, goddamit. I’m a mother fucking psycho and anyone with
half a brain can see that.
D. Defendants’ Treatment of Plaintiff
59. Beginning in late April 2019, Russin began making unwelcomed sexual
advances toward Plaintiff, sexually harassed, and or otherwise sexually assaulted Plaintiff on
numerous occasions within the normal course and scope of his employment with Corporate
Defendants.
60. Despite Plaintiff’s refusals and/or rejections, Russin continued to make
unwelcomed sexual advances and/or pressured Plaintiff for sexual favors including but not
limited to the following acts and other particulars:
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a. During work meetings, Russin would often expose his genitals to

Plaintiff and her female peers, along with physical gestures and verbal
comments/questions such as “What are you going to do about this?”
b. Russin frequently made inappropriate sexual comments to Plaintiff such
as “You just haven’t had the right dick yet”;
c. Russin sent Plaintiff sexual and inappropriate text messages including
photographs of himself naked with an erect penis;
d. Russin would coerce Plaintiff and other female subordinates to “take a
drive” with him for their “one on one business meetings”. During the
drive, Russin would pull over, park the car, and lock the doors while
making unwelcomed sexual advances and touching Plaintiff without her
consent, force Plaintiff to watch pornography with him, and/or force
Plaintiff to watch him masturbate while he watched pornography;
e. Russin administered sedatives such as GHB and/or other “date rape”
drugs to Plaintiff without her knowledge or consent;
f. The date rape drugs caused Plaintiff to blackout, lose consciousness,
and/or lose control of her body at which time she believes and avers that
she was forced to engage in sexual conduct against her will and/or
without her knowledge or consent;
g. Russin would engage in sexual acts with other female subordinates in
Plaintiff’s presence, forcing Plaintiff to observe same; and,
h. Other inappropriate sexualized, violent, and/or otherwise unwelcomed
and offensive conduct.
61. The Corporate Defendant’s leaders, including but not limited to Arias, Steven
Greer, Chief Executive Officer of AIL (“Greer”), and David Zophin, President of Globe Life
Inc. (“Zophin”), encouraged, participated in, or were otherwise complicit with regard to the
aforementioned hostile, toxic and cult-like workplace environment and corporate culture,
a. Firsthand observations of the widespread conduct at work and work

events as noted above;
b. Female agents other than Plaintiff complained to leaders such as Arias
about the hostile workplace and misogynistic culture, including but not
limited to complaints about Russin and other Arias Agencies’ male
leaders’ sexual harassment;
c. During the course of his employment with the Corporate Defendants,
Russin openly disclosed to the Corporate Defendants his “manic
episodes” which, per Russin, often resulted in episodes of rage, anger,
violence, sex, and abuse of drugs and alcohol;
d. Retaining Russin and returning Russin to the workplace as a manager of
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people soon after inebriated, manic, and/or violent episodes;

e. Hiring Russin following such a manic episode when Russin committed a
series of threatening and violent acts including but not limited to
destroying property owned by Allegheny College which resulted in
Russin being arrested with various crimes and expelled from said
college;
f. On or about June 2020, Russin committed a myriad of drug and alcohol
induced violent acts during another manic episode including but not
limited to destroying hotel property, harassing and threatening friends,
family, and law enforcement officers, while broadcasting same via
Facebook Live, which was extensively viewed by countless AIL
representatives;
g. Russin was ultimately charged with eight felonies as a result of his
conduct on or about June 2020, which he openly shared with various
representatives on behalf of the Corporate Defendants, including but not
limited to Arias;
h. After outwardly expressing his support of Russin immediately following
the June 2020 incident, Arias assured the Russin Financial team members
that Russin would only return to work on behalf of the Corporate
Defendants after Russin successfully completed an outpatient
rehabilitation program;
i. Within a week, approximately, Russin returned back to work on behalf of
the Corporate Defendants and continued to openly behave in the same
vile, offensive, and inebriated manner;
j. Frequent in person visits to the Arias Agency and Russin Financial office
by Zophin and Greer;
k. Frequent virtual calls and meetings with Greer, Zophin, and/or the Arias
Agencies and/or Russin Financial business leaders and other agents via
phone and/or video;
l. Frequent offsite work meetings and other work-related events attended
by Greer, Zophin, with the Arias Agencies and Russin Financial leaders
and other agents;
m. High turnover of agents, particularly female agents, under Arias and
Russin due to the above referenced toxic work environment;
n. Promotion of male agents, despite their low customer retention rate;
o. Promotion of male agents, despite their known unethical and fraudulent
business practices;
p. On or about December 2021, Greer and/or Zophin were involved in the
termination of another male leader within their organization and
associated with Arias Agencies as a result of sexually harassing and/or
sexually assaulting at least one of his female subordinates;
q. It is believed and therefore averred that Greer and/or Zophin have been
involved with or otherwise made aware of various other sexual assault,
sexual harassment, and/or unethical, fraudulent business practices on
behalf of AIL agents from April 2019 through present;
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r. Frequent interaction via social media between and among Greer, Zophin,
Arias, Russin and other sales agents; and,
s. Other observations and/or experiences of the Corporate Defendants’
aforementioned hostile and toxic work environment.
E. Defendants’ Ongoing Misconduct Amidst Plaintiff’s Reporting
62. On or about November 2020, Plaintiff began her attempts to report ongoing
misconduct on behalf of Russin, Arias, and other sales agents.
63. At that time, Plaintiff met with Arias and reported systemic use of unethical and
fraudulent business practices by the Corporate Defendants’ sales agents, including but not
limited to intentional and fraudulent misrepresentations frequently made to potential customers
with the intention to induce said clients to purchase the Corporate Defendants’ life insurance
products.
64. In response, Arias told Plaintiff that he would look into and take care of said
misconduct.
65. On or about June 2021, Plaintiff began her efforts to report the ongoing sexual
harassment and sexual assault that she had been victim to for years.
66. At that time, Plaintiff began searching for a human resources representative
when discovered a point of contact by the name of Chrissy Vansuch (“Vansuch”) listed on
Arias Agencies’ website for the specific purpose of reporting sexual harassment.
67. At that time, Plaintiff attempted to contact Vansuch but never received a
response.
68. Plaintiff later learned that Vansuch was not employed by the Corporate
Defendants and that the contact information was bogus.
69. Plaintiff later learned that Vansuch is Arias’ mother.
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70. On or about July 2021, Plaintiff approached Arias requesting an in-person
meeting to discuss a serious matter.
71. After being put off for about a month, Plaintiff got an in-person meeting
scheduled with Arias for August 11, 2021.
72. On August 11, 2011, Plaintiff told Arias that she had been a victim of ongoing
sexual harassment and/or sexual assault on behalf of Russin and provided Arias with evidence
substantiating same.
73. For example, Plaintiff provided Arias with a text she received from Russin
stating “The only way you can get [promoted] is if you and Mal blow me at the same time”.
74. On or about August 11, 2011, Plaintiff also reiterated her concerns of the
ongoing unethical and fraudulent business practices to Arias and provided Arias with
documentation substantiating same.
75. For example, Plaintiff provided Arias with an email from a customer wherein
said customer was complaining to Plaintiff about one of the male agents forging the
customer’s signature and making unauthorized withdrawals from the client’s bank accounts.
76. During the meeting with Arias, Plaintiff asked Arias for contact information for
human resources on behalf of the Corporate Defendants.
77. Arias responded: “We don’t have HR” and discouraged Plaintiff from
escalating her concerns any further. Arias instructed Plaintiff not to engage legal counsel as it
could reflect poorly on him.
78. On or about August 26, 2021, Natalie Price (“Price”), Executive Assistant to
Arias, emailed Plaintiff a document titled “Incident Report” and instructed Plaintiff to sign and
return same.
17
79. The Incident Report referred to Plaintiff’s complaints of sexual harassment as
“Inappropriate Communication” stating, in part, as follows:
This form is intended to document an incident that occurred, actions taken, and
final resolution of the situation … The texts that pertain to [Plaintiff]
are being handled accordingly and documented with repercussions …
all requests of[Plaintiff] have been handled and have satisfied the
claims …A follow up to this incident will be held in 30 days…
80. The Incident Report made no reference to sexual harassment or Plaintiff’s
complaints of unethical business practices.
81. Plaintiff’s claims of sexual harassment and unethical and/or fraudulent business
practices were in no way “handled” or “satisfied” at that time, or ever.
82. Plaintiff never signed the Incident Report.
83. The Corporate Defendants failed to follow up with Plaintiff in any manner over
the following 30 days as promised.
84. On or about November 10, 2021, one of Plaintiff’s coworkers provided her with
contact information for an actual Human Resources representative on behalf of the Corporate
Defendants.
85. On or about November 10, 2021, Plaintiff contacted the Human Resources
representative and relayed her ongoing complaints, including but not limited to the fact that
her previous reports of the same conduct were never properly investigated and/or covered up
by Arias.
86. On or about November 17, 2021 – approximately one year after Plaintiff
reported unethical and fraudulent business practices, and approximately four months after
Plaintiff initialized her complaints of sexual harassment and/or sexual assault - Logan
Blackmore (“Blackmore”), on behalf of AIL, contacted Plaintiff advising that they had
18
retained outside counsel to investigate Plaintiff’s complaints, i.e. Janet Hendrick (“Hendrick”)
and the Phillips Murrah law firm.
87. Based on the Corporate Defendants’ ongoing business relationship with Phillips
Murrah, it is believed and therefore averred that Phillips Murrah was incapable of performing
an unbiased or impartial investigation of Plaintiff’s complaints.
88. Notwithstanding, Plaintiff provided Hendrick with droves of information and
names of witnesses to substantiate Plaintiff’s complaints of sexual harassment and unethical
and fraudulent business practices.
89. Upon information and belief, Hendrick failed to conduct a thorough
investigation.
90. On or about November 30, 2021, Hendrick interviewed Plaintiff with regard to
Plaintiff’s complaints of sexual harassment.
91. At that time, Hendrick represented that AIL had not retained her to investigate
92. Plaintiff’s complaints of unethical business conduct and fraud claims.
93. Approximately one month later, Hendrick represented that AIL would be
handling the ethics issues internally, and that the internal investigation would be managed by
Blackmore.
94. After hearing nothing for another month, approximately, Plaintiff’s counsel
followed up with Blackmore on multiple occasions seeking a status update with regard to the
internal investigation.
95. Blackmore did not respond until Plaintiff’s counsel followed up a third time on
or about February 16, 2022.
96. On or about February 17, 2022, Blackmore represented that the Corporate
19
Defendants had completed their internal investigation of the Plaintiff’s ethics complaints.
97. The Corporate Defendants never interviewed Plaintiff about her complaints of
unethical business practices and fraud.
98. The Corporate Defendants never provided Plaintiff with any response with
regard to their findings relative to unethical business practices and/or fraud. In fact, the
Corporate Defendants refused to do so despite Plaintiff’s requests.
99. On or about February 2, 2022, the Corporate Defendants represented that they
had completed their investigation with regard to Plaintiff’s sexual harassment and/or sexual
assault claims.
100. On or about February 2, 2022 Hendrick represented that Plaintiff’s claims of
sexual harassment had been substantiated.
101. Shortly thereafter, AIL represented that, as a result, it took “remedial action”
which included terminating Russin on or about February 11, 2022.
102. It is believed and therefore averred that said representation was fraudulent or
otherwise meant to mislead Plaintiff since Russin continues to work on behalf of the Corporate
Defendants to date.
103. More specifically, Russin continues to participate in meetings, internal
communications, and other work events both in person and virtually on behalf of the
F. Russin’s Acts Intended to Defame Plaintiff
104. Since learning that Plaintiff reported Russin’s sexual harassment, sexual
assault, and fraudulent business practices to Simon Arias III, Arias Agencies, and AIL in the
September 2021 to November 2021 timeframe, Russin has taken intentional steps to disparage,
20
malign, or otherwise defame Plaintiff.
105. On or about November 2021, Russin began a smear campaign against Plaintiff
wherein Russin contacted many of Plaintiff’s coworkers (many of which were Russin’s
subordinates at the time) in an effort to disparage, malign, and/or otherwise defame
Plaintiff’s credibility and reputation.
106. For example, on multiple occasions, Russin has contacted many of Plaintiff’s
coworkers, verbally and in writing, telling them that Plaintiff had asserted false claims of
sexual assault against him, that Plaintiff was a “liar” and a “money grubbing whore” who was
only after his money.
107. At the same time, Russin contacted many of Plaintiff’s coworkers, verbally and
in writing, requesting and/or demanding that they provide Russin with “anything you can find”
...“that I can use against [Plaintiff]” such as photographs, videos, text messages, or other
information with the sole intent to put Plaintiff in a false and negative light relative to the
subject lawsuit.
108. Russin’s Acts Intended to Intrude Upon Plaintiff’s Seclusion Ever since
learning that Plaintiff reported Russin’s sexual harassment, sexual assault, and fraudulent
business practices in the September 2021 to November 2021 timeframe, Russin has taken
intentional and unauthorized steps to intrude into Plaintiff’s seclusion, causing Plaintiff
significant mental anguish and suffering.
109. For example, immediately after learning of Arias Agencies and/or AIL’s
investigation(s) of Plaintiff’s claims, Russin published a video of himself stating as follows:
The best defense sometimes is a good offense. And I’m ready to play
offense… if you’re going to try to take food out of my child’s mouth, I will
come to you, physically, and I will peel the skin off your face and take your
eyes out and I’ll feed them to [Russin’s dog]. And then I’ll eat your liver. I’m
21
not kidding. I’m dead serious.
110. On or about November 1, 2021, Russin stated “We live in a time of chaotic
feminine energy unchecked by strong, rational masculinity. Easiest way to summarize current
events.”
111. On or about November 2021 to December 2021 timeframe, Janet Hendrick
(“Hendrick”), former counsel for AIL, contacted Russin as part of her investigation of
Plaintiff’s claims for purposes of obtaining relevant information from Russin and preserving
same.
112. Within days after being contacted by Hendrick, Russin published a video of
himself stating as follows:
If I needed to pull 3 years of messages, text messages and videos for other people
too and put them all in one place, what’s the easiest way to go about that… like if
you want to put together some memories for someone very special to you …
113. On or about December 2021, Russin published a threatening photograph of his
face with the caption “Fuck Around and Find Out”.
114. On or about December 2021, Russin stated as follows: “Your beatings will
continue. Until my morale improves, I don’t hate you, I’m just removing an enemy Remorse is
for the dead.”
115. On or about December 4, 2021, Russin published a statement referring to
himself as “240 lbs of sex drive and violence” and “The rise of matriarchy in the form of
pseudo feminism and medical state will likely need stamped out by violence”, inter alia.
116. On or about December 6, 2021, Russin published a video of himself stating:
I’m just letting you guys know … They will come for your marriage. They’ll
come after your character. They’ll come after your money ... You better be ready.
They will attack your businesses, job, everything. Better get ready.
22
117. On or about January 10, 2022, Russin published a podcast episode wherein he
degraded women and advocated violence stating, in part, as follows:
You need to be engaged physically as a man if you want to feel like a man.
Anyone who tells you that’s toxic masculinity, they can jump off a bridge … Do
not listen to these dumbass women ... We are supposed to fight … the big
problem in society is that most people haven’t been punched in the face … More
people need to start getting punched in the face
118. On or about January 13, 2022, Russin published a podcast discussing women’s
claims of sexual assault/harassment and the subject lawsuit in particular. Russin stated as
follows:
This is a much-awaited episode by a lot of people … over the past couple of years
the major issues in my life … is because of women, and a lot of that is my fault
100% … If you’re a man and you’re successful, then you’re a target. It’s just the
way that it is … I can’t even get into certain things legally… this is how to
protect yourself as a man in business … get legal counsel on retainer and make it
very publicly known … Fuck Around and Find Out … women make up the
majority of lawsuits in business. It’s just what they do … I used to treat women
and men the same and then I realized you can’t treat them the same … facts don’t
give a shit about your feelings, lady … men, you need to resist the urge … don’t
shit where you eat… you gotta keep your hand out of that bucket … I’ve made
mistakes with a lot of this stuff guys and I’ve had to deal with the consequences 3
… Emphasis added.
119. Days later, on or about January 15, 2022, Russin published a separate statement
summarizing the aforementioned podcast stressing the need for men to go out of their way to
publicize that they have legal counsel on retainer and reiterated “fuck around and find out”.
120. AIL has represented that, on or about early February 2022, AIL terminated
Russin after concluding, through its investigation, that Plaintiff’s complaints against Russin
were substantiated.
3
See Absideon Achievement Podcast, Protect Yo Neck, January
13, 2022. https://mrussin.podbean.com/?s=protect+yo+neck
23
121. On or about early February 2022, Russin posted an intimidating photograph of
himself pictured with a large knife beside his face.
122. On or about early February 2022, Russin very clearly stated “I am ready for
violence.”
123. On or about February 23, 2022, Russin threatened Plaintiff by directly
contacting
124. Plaintiff’s counsel. Specifically, Russin sent Plaintiff’s counsel a direct
message via Instagram “Do you think I don’t know who you are?”
125. On or about February 26, 2022, Russin stated as follows:
When a man is wrongly accused …whether it’s in the workplace … or going to

divorce court with a whore… Too many men get taken out of the game by
money grubbing whores
126. On or about February 2022, Russin stated as follows: “The pussification of men
ends when you stop being afraid of being cancelled for being called a ‘bad word’… or some
blood sucking harlot crawling out of the woodwork to accuse you of some sexual misdeed.
127. On or about April 15, 2022, approximately four days after Plaintiff filed her
Amended Complaint, Russin stated as follows:
Women are nuts dude ... stop dipping your toe or your you know what … because
I’m telling you it’s going to come back and bite you in the ass. She’s going to
slash your tires, steal from you, spread lies about you ... some whore comes out of
the woodwork and says he sexually assaulted her … 99% of all women are liars
… they will come after you because of irrational hatred or they will come for
your money.
128. On or about April 30, 2022, Russin published a photograph of wild animal
violently killing another wild animal with the caption “Your Time Is Coming”. Thereafter,
Russin published various iterations of the same threat on at least three additional occasions: a)
“Your Time Will Come;” b) “Your time is Coming”; c) “Your time is coming… Daily
24
reminder;” and c) “Soon.”
129. On or about May 2022, Russin published a video of himself stating his
(criminal) intentions with regard to business operations: “I’m going to run these three new
businesses just like the mob … No business of mine will ever have an HR department. That’s
for fuckin’ women...”
130. On or about May 8, 2022, Russin directly contacted Plaintiff’s employer, Virgo
+ Garnet, threatening to appear in person at Plaintiff’s place of employment.
131. On or about June 2022, Plaintiff received cryptic text messages from an
unknown phone number, stating “Hi … Hello” and refusing to identify the sender of same.
132. On or about June 2022, Russin stated: “The money grubbing whores strike
again.”
133. On or about June 2022, Russin published the following statement: “Being nice
is overrated. Just get a good lawyer and choose violence.”
134. On or about June 16, 2022, Russin stated as follows:
One girl took it upon herself to say I’m a drug abusing psychopath, I threaten
people’s lives and sexually assault women … the first thing they are going to a man is
they are going to do the whole sexual assault thing … and if that doesn’t work ... ‘me
too’ ‘em … It’s so funny that women want to be treated equally but somehow are
always the victim in every situation. You know why? Because you are weaker! You
are the weaker sex! ... And if you don’t like hearing that as a woman, then you are part
of the problem.
135. On or about July 8, 2022, Russin published a podcast episode “Tame the Beast!
Your Mind and Your Penis” wherein Russin discussed sexual assault, his inability to “control
his sexual urges,” and violence toward women. More specifically, Russin stated, in part, as
follows:
The two areas in your life that you have to remove feminine influence … your
mind and your thinking … number two, your penis … put a 110 pound woman in
25
front of me and she kicks me? I’m going to cave her chest in with one punch … A
man that can’t control his sexual urges can control everything. Take it from a man
who couldn’t ... Your penis is going to cause you more problems than anything
else in your life … This has happened to me … ‘I’m a victim… sexual assault…
he made me touch his penis’ … Women are the biggest liars on the planet … It
takes one bottle service girl, one employee ...
136. On or about July 15, 2022, Russin discussed his history of violence, unstable
mental health and crime as follows:
I have been involved … in violent situations where I have had to be extremely

violent … and I’ve seen people be extremely violent and I’ve been around
extreme violence … I think about how I’ve been jumped and had to beat 2-3 guys
up at a time … close encounters with law enforcement … I’ve been locked up in
the looney bin… charged with 8 felonies and beat the cases4... all the things I had
done and all the people I hurt… it’s very easy to feel like you’re the devil...
137. July 20, 2022, Russin advocated violence toward women and in general.
More specifically, Russin stated as follows:
I’m ready for violence ... I don’t believe in peace as a person, at all ... If I come to
your house and I grab your wife and put a gun to her head, what are you gonna
do?... when I’m in the gym, I’m training myself for violence ... Everything in life is
violence. You’ve gotta be prepared for it, especially now… Be ready. It’s
gametime.
138. On or about July 26, 2022, Russin stated: “Every normal man must be tempted, at
times, to spit on his hands, hoist the black flag, and begin slitting throats.”
139. On or about July 27, 2022, Russin stated, inter alia, as follows:
I blamed it on being bipolar ... having sex with a lot of people, driving car into a
tree … I look back at all these doctors, all these therapists, all these women …
weak weak! The more intentional suffering you go through the less of a bitch you
4
Russin was charged with 8 crimes on or about July 2020 which Russin publicly described as a
“run in with the police … after I smashed some patio furniture and ... I basically barricaded myself
in a hotel room … obviously I was not sober… and said some silly things and broadcasted it on
Facebook … Thank God for the support system I have with AIL and Arias Agencies, especially
[Simon Arias, III].” See Russin’s Facebook post dated July 2, 2020:
https://www.facebook.com/boan.stacks/videos/1526834144144017/
26
are.
140. On or about July 31, 2022, Russin stated “Aggression is a gift. Don’t let the
feminine HR world tell you otherwise.”
141. On or about August 1, 2022, Plaintiff’s vehicle was vandalized while parked
outside of her residence. It is believed and therefore averred that said vandalism was caused,
directly or indirectly, by Russin.
142. On at least three separate occasions in August 2022, Plaintiff’s counsel received
cryptic text messages (practically identical to those received by Plaintiff as noted above) from
unknown phone numbers including but not limited to the following:
a. Text message stating “Hello” sent on August 6, 2022;

b. Text message stating “hello” sent on August 10, 2022; and,
c. Text message stating “How are you??” sent on August 24 2022.
143. On or about August 2022, Russin published a photograph of himself captioned
“War Ready”.
G. Russin’s Ongoing Acts Intended to Intrude Upon Plaintiff’s Seclusion In

The Face of this Honorable Court’s Directive to Cease His “Appalling” Behavior
144. On or about Sept 1, 2022, this Honorable Court admonished Russin’s conduct,
referencing same as “brash” and “appalling”, inter alia. This Honorable Court made clear to
Russin’s counsel, in no uncertain terms, that said conduct “would not be tolerated.”
145. Two days later, on or about September 3, 2022, Russin published another
photograph of himself captioned “WAR READY V2 BABY LETS GOOOOOO”.
146. On the same day, September 3, 2022, Russin stated as follows:

If you’re a man … you got to close a woman ... When someone else becomes
focused on you they want to take you out of the game I love it. I have a
sick relationship with pain …But…you don’t want to hyper fixate on that …
you start feeding your dark side..That’s when you want to lash out.
27
147. On or about September 15, 2022 - while threatening another former coworker –
Russin stated “After I’m done chewing up the whores up in court you’re next ... This’ll be really
good for the lawyers”.
148. On or about September 28, 2022, Russin published a podcast episode wherein he
stated “I know that a lot of you listening to this are my dear friends ... and a lot of you listening
to this would call yourselves my enemies, and I pray for you ... You know who you are...”
COUNT I
Violation of the Fair Labor Standards Act 29
U.S.C. § 201, et seq.
RENEE ZINSKY v. RUSSIN FINANICAL, RUSSIN HOLDING GROUP, ARIAS
AGENCIES, S.A. HOLDING, AMERICAN INCOME LIFE INSURANCE COMPANY
149. All previous paragraphs ae incorporated as though fully set forth herein.
150. At all times relevant hereto, the Corporate Defendants were Plaintiff’s
“employer” under the FLSA, 29 U.S.C. 203(d), subject to the provisions of 29 U.S.C. §§ 201, et
seq.; 29 C.F.R. § 791.2.
151. At all times relevant hereto, Plaintiff was an “employee” of the Corporate
Defendants within the meaning of the FLSA, 29 U.S.C. § 203(e)(1).
152. Plaintiff either (1) engaged in commerce; or (2) engaged in the production of
goods for commerce; or (3) were employed in an enterprise engaged in commerce or in the
production of goods for commerce.
153. Plaintiff is not exempt from the applicable provisions of the FLSA.
154. At all times relevant hereto, the Corporate Defendants “suffered or permitted”
Plaintiff to work and thus “employed” her within the meaning of the FLSA, 29 U.S.C. § 203(g).
155. The FLSA requires an employer to pay all employees the federally mandated
28
overtime premium rate of one and one-half times their regular pay for every hour worked in
excess of 40 hours per workweek. 29 U.S.C. § 207.
156. Plaintiff regularly worked over 40 hours per week while employed by the
157. The Corporate Defendants violated the FLSA by failing to pay Plaintiff and other
employees overtime compensation, at the rate of one and one-half times their regular hourly rate,
for all hours worked in excess of 40 per workweek.
employees proper minimum wage for all hours worked up to 40 per week.
employees for time spent in mandatory training.
160. The Corporate Defendants violated the FLSA by failing to pay for Plaintiff and
other employees’ missed meals and rest breaks.
161. The Corporate Defendants violated the FLSA by requiring employees to pay their
own work-related expenses.
162. The Corporate Defendants violated the FLSA by subjecting employees to
“chargebacks” by illegally collecting back commissions from agents’ (including Plaintiff) earned
wages if an insurance policy was later cancelled by the customer.
163. The Corporate Defendants violated the FLSA by withholding Plaintiff’s monthly
renewal payments from approximately November 2020 through present and ongoing.
164. The Corporate Defendants’ violations of the FLSA were willful, with knowledge
or reckless disregard of the statutory overtime requirements, as demonstrated by their failure to
pay Plaintiff an overtime premium for all hours worked in excess of 40 per week.
29
165. As a result of the foregoing, Plaintiff was injured and seeks appropriate relief
against the Corporate Defendants including back pay, liquidated damages, reasonable attorneys’
fees and costs, and all other relief just and appropriate in the circumstances.
COUNT II
Violation of 29 C.F.R. § 516, et seq. Failure to Maintain Required Records
AGENCIES, S.A. HOLDING, AND AMERICAN INCOME LIFE INSURANCE
COMPANY
166. All previous paragraphs are incorporated as though fully set forth herein.
167. 29 C.F.R. § 516.1 provides “every employer subject to any provision of the Fair
168. Labor Standard Act” to maintain employee records.
169. FLSA requires all employers to keep all payroll records and time records for at
least 3 years, including but not limited to all basic timecards and daily starting/stopping times of
individual employees. 29 U.S.C. § 211(c); 29 C.F.R. 516.1, et seq.
170. As Plaintiff’s employer, the Corporate Defendants were subject to the FLSA’s
record keeping requirements.
171. The Corporate Defendants were obligated to maintain and preserve payroll or
other records containing, without limitations, the total hours worked by each employee each
workday and total hours worked by each employee each workweek. 29 C.F.R. § 516.2.Upon
information and belief, the Corporate Defendants maintain corporate policies and/or practices of
evading pay for their hourly employees by altering their time records and pay periods and failing
to accurately record Plaintiff’s hours worked.
172. The Corporate Defendants failed to maintain and preserve accurate timesheets and
payroll records as required by 29 C.F.R. § 516.2.
173. When he employer fails to keep accurate records of the hours worked by its
30
employees, the rule in Anderson v. Mt. Clemens Pottery Co., 328 U.S. 680, 66 S. Ct. 1187, 1192
(1946) is controlling, and provides as follows:
[w]here the employer’s records are inaccurate or inadequate … an employee

had carried out his burden if he proves that he has in fact performed work for
which he was improperly compensated and if he produces sufficient evidence
to show the mount and extent of that work as a matter of just and reasonable
inference. The burden then shifts to the employer to come forward with
evidence of the precise amount of work performed or with evidence to negative
reasonableness of the inference to be drawn from the employee’s evidence. If
the employer fails to produce such evidence, the court may then award damages
to the employee, even though the result be only approximate.
The Supreme Court set forth this test to avoid placing a premium on an
employer’s failure to keep proper records in conformity with its statutory duty,
thereby allowing the employer to reap the benefits of the employees’ labors
without proper compensation as required by the FLSA. When damage are
awarded, “[t]he employer cannot be heard to complain that the damages lack the
exactness and precision of measurement that would be possible had they kept
records in accordance with… the Act.” Id.
174. As a result of the Defendant’s record keeping violations, Plaintiff seeks a
declaratory judgment and order that the Anderson burden-shifting framework applies in this
case, along with all other relief just and appropriate under the circumstances.
COUNT III
Violation of the Pennsylvania Minimum Wage Act
COMPANY
175. All previous paragraphs are incorporated as though fully set forth therein.
176. The Pennsylvania Minimum Wage Act of 1968 (“PMWA”) requires that covered
employees be compensated at a rate not less than the standard rate.
177. The Pennsylvania Minimum Wage Act of 1968 requires that covered employees
be compensated for all hours worked in excess of forty hours per week at a rate of at least one
31
and one-half times the regular rate at which he or she is employed. See 43 P.S. §333.104(c) and
34 Pa. Code §231.41.
178. As described above, Plaintiff was subjected to the Corporate Defendants’ practice
of not paying employees for all hours worked, including overtime.
179. Plaintiff was not properly compensated for hours work at a rate equal to or above
Pennsylvania’s minimum wage.
180. Additionally, Plaintiff was not properly compensated for hours worked in excess
of 40 hours per workweek.
181. The Corporate Defendants failed to pay Plaintiff for time spent in mandatory
training.
182. The Corporate Defendants failed to pay Plaintiff for missed meals and rest breaks.
183. The Corporate Defendants illegally required employees to pay their own work-
related expenses.
184. The Corporate Defendants illegally subjected employees to “chargebacks,” by
collecting back commissions from agent’s earned wages if a policy was later cancelled by the
customer.
185. Plaintiff was a non-exempt employee.
186. In violating the PMWA, the Corporate Defendants acted willfully and with
reckless disregard of the applicable provisions to the detriment of Plaintiff.
against the Corporate Defendants including back pay, liquidated damages, reasonable attorneys’
fees and costs and all other relief just and appropriate in the circumstances.
32
COUNT IV
Violation of the Pennsylvania Wage Payment and Collection Law
RENEE ZINSKY v. MICHAEL RUSSIN, RUSSIN FINANICAL, RUSSIN HOLDING
GROUP, SIMON ARIAS III, ARIAS AGENCIES, S.A. HOLDING, AND
AMERICAN INCOME LIFE INSURANCE COMPANY
188. All previous paragraphs are incorporated as though fully set forth therein.
189. The Pennsylvania Wage Payment and Collection Law (“WPCL”) requires that an
employer pay all wages due to its employees. 43 P.S. §260.3.
190. The Defendants have intentionally failed to pay wages due to employment for the
following:
a. Purposefully failing to pay employees for the true and correct number of
hours they have worked; and,
b. Failing to pay employees minimum wage and all other wages due.
191. Pursuant to 43 P.S. 260.9 and 260.10, employers such as the Corporate
Defendants who intentionally fail to pay an employee’s wages in conformance with the WPCL
shall be liable to the employee for the wages or expenses that were intentionally not paid,
liquidated damages, court costs and attorneys’ fees incurred in recovering the unpaid wages.
192. The Defendants do not have written authorization from Plaintiff to withhold
divert or deduct any portion of her wages that concern this action.
193. The Defendants violated Pennsylvania law by failing to pay Plaintiff for all
compensable time and by failing to pay Plaintiff for work time, including but not limited to
overtime and Plaintiff’s earned renewal commissions since November 2020 and ongoing.
194. Pursuant to 43 P.S. 260.9 and 260.10, Plaintiff’s employer would also include
Russin and Arias as agents and/or offers on behalf of the Corporate Defendant.
33
195. Upon information and belief, Russin and Arias were involved in the decision to
withhold Plaintiff’s wages including but not limited to Plaintiff’s earned renewal commission
from November 2020 through present.
196. The Defendants failed to pay Plaintiff for her renewal commissions from
November 2020 through the present and ongoing.
197. The Defendants failed to pay Plaintiff for training.
198. The Defendants failed to pay Plaintiff for missed meals and rest breaks.
199. The Defendants illegally required employees to pay their own work-related
expenses.
200. The Defendants illegally subjected employees to “chargebacks,” by collecting
back commission from agent’s earned wages if a policy was later cancelled by the customer.
against the Corporate Defendants including back pay liquidated damages, reasonable attorneys’
fees and costs, and all other relief just and appropriate in the circumstances.
COUNT V
Unjust Enrichment
COMPANY
203. The Corporate Defendants have received and benefitted from the uncompensated
labor of Plaintiff such that to retain such benefits without compensation would be inequitable and
unjustly enrich the Corporate Defendants.
204. At all time relevant herein, the Corporate Defendants devised and implemented a
plan to increase their earnings and profits by fostering a scheme of securing work from Plaintiff
34
and other agents without paying total compensation and overtime for hours worked.
205. Contrary to good faith and fair dealing, the Corporate Defendants induced
Plaintiff to performed work while failing to pay her overtime and/or minimum wage
compensation for all hours worked as required by law.
206. By reason of having secured the work and efforts of Plaintiff without paying
overtime and full compensation as required by law, the Corporate Defendants enjoyed reduced
labor costs and consequently additional earnings and profit to their benefits.
207. Therefore, Plaintiff is entitled to judgment in an amount equal to the benefits
unjustly retained by the Corporate Defendants.
COUNT VI
Breach of Contract – Failure to Negotiate in Good Faith
COMPANY
209. As noted in more detail above, the Corporate Defendants are obligated to “use
their best efforts” to resolve disputes with Plaintiff and negotiate in good faith.
210. As noted in more detail above, however, the Corporate Defendants failed to use
their best efforts to resolve this dispute with Plaintiff.
211. Instead, the Corporate Defendants’ efforts included but not limited to the
following:
a. Demoting Plaintiff upon learning of the dispute;

b. Withheld Plaintiff’s earned wages during the pendency of the dispute;
c. Misleading Plaintiff with bogus contact information and fraudulent
misrepresentations to give Plaintiff a false sense of security or hope that
her complaints were being investigated or appropriately handled;
d. Failure to conduct a timely investigation of Plaintiff’s complaints
including unethical business practices, fraud, and sexual harassment
35
and/or sexual assault;

e. Intentionally causing undue delay or otherwise obstructing the
“investigation” process by ignoring repeated complaints, lying to
Plaintiffs about HR resources, instructing Plaintiff not to seek legal
counsel or otherwise exercise her legal rights, and engaging in other
egregious conduct to delay and or conceal Plaintiff’s complaints;
f. Failure to conduct a thorough or unbiased investigation of Plaintiff’s
complaints of sexual harassment, sexual assault, unethical business
practices and/or fraud;
g. Failure to interview Plaintiff as part of Corporate Defendants’
“investigation” of Plaintiff’s reports of unethical and/or fraudulent
business practices;
h. Refusal to provide Plaintiff with the findings of the Corporate
Defendants’ alleged investigation of reported unethical and/or fraudulent
business practices upon completion of said investigation;
i. Failure to respond to Plaintiff and/or Plaintiff’s counsel or otherwise
provide Plaintiff and/or Plaintiff’s counsel status updates with regard to
the Corporate
Defendants’ alleged investigation of unethical and/or fraudulent business
practices;
j. Failure to take reasonable steps to preserve any and all potential evidence
relative to Plaintiff’s complaints;
k. Spoilation of discoverable evidence;
l. Failure to execute the Corporate Defendants’ reported “remedial
measures” following the investigations;
m. Intentionally subjecting Corporate Defendants’ sale agents, including but
not limited to Plaintiff, to an ongoing unsafe work environment;
n. Obstructing Plaintiff from promptly escalating her complaints and/or
retaining legal counsel on her behalf;
o. Attending a mediation with primary fact witnesses to this litigation,
contrary to Plaintiff’s requests;
p. Intentionally misleading Plaintiff and/or concealing the names of
attendees to said mediation;
q. Obstructing the negotiation process by attending mediation with multiple
fact witnesses to this litigation;
r. Refusing to make a reasonable settlement offer at the time of mediation;
s. Ending the mediation and refusing to continue negotiation discussions,
despite the mediator’s recommendations to do so;
t. Otherwise participating in the negotiation and/or mediation process as a
means of delay, deceit and or pretense; and,
u. Otherwise failing to satisfy their obligation to use best efforts to resolve
the instant dispute with Plaintiff.
212. As a result of the foregoing breach, Plaintiff was injured and seeks appropriate
36
relief against the Corporate Defendants including back pay, liquidated damages, reasonable
attorneys’ fees and costs, and all other relief just and appropriate in the circumstances.
213. In the alternative, Plaintiff requests a declaration from this Court that the Agent
Agreement is rescinded or otherwise invalidated.
COUNT VII
Declaratory Relief – Rescission of Agent Contract
COMPANY
215. Prior to agents working for the Corporate Defendants, they are required to sign an
“Agent Contract” similar if not identical to that which Plaintiff signed on or about August 20,
2021, attached hereto as Exhibit A.
216. The agreement specifically states that “the Agent has no fixed hours and is free to
choose the time and manner in which services are performed.” See Exhibit A.
217. The representation of being able to make their own hours and be free to choose
the time and manner in which their services were performed is a material element of the
agreement.
218. This statement was made falsely by Corporate Defendants, who have knowledge
of its falsity as they regulate and control their agents’ schedules, requiring off-site sales meetings
with potential buyers to occur at certain times and days of the week as well as in-office sales
meetings, team meetings, and calls to occur at certain times and days of the week.
219. Prior to Plaintiff accepting a position with the Corporate Defendants, Russin made
specific promises to Plaintiff, including but not limited to promoting her to Master General
Agent (“MGA”) within the first year and Plaintiff making enough money to pay off her personal
37
debts and save over $50,000.00.
220. Despite being a high performer, Russin never promoted Plaintiff to the MGA
status.
221. To the contrary, as noted above, Plaintiff later learned that Russin would only
promote Plaintiff to MGA in exchange for sexual favors.
222. Despite her high performance, Plaintiff did not make enough money to pay off her
debts and save over $50,000.00.
223. The Defendants intentionally mislead the Plaintiff in order to fraudulently induce
her to accept a position with Corporate Defendants and enter into an Agent Contract.
224. The Corporate Defendants intentionally defrauded the Plaintiff regarding her
work hours, schedules, professional development, and amount of pay to entice her to work for
less money than she is entitled to.
225. Plaintiff justifiably relied on these misrepresentation when accepting a position
with the Corporate Defendants and signing her Agent Contract.
226. The resulting injury is directly connected to Plaintiff being mischaracterized as an
independent contractor, rather than employee, specifically in relation to being forced to work
certain schedules, attend meetings at certain times and places, and being required to account for
their time to Defendants.
227. An actual dispute and controversy has risen between the Plaintiff and Corporate
Defendants regarding whether or not the Agent Agreement and the provisions set forth therein
are enforceable.
228. For the reasons set forth above, Plaintiff seeks a declaratory judgment rescinding
the Agent Agreement as it was induced by fraud.
38
229. A judicial determination is necessary and appropriate at this time to determine the
respective rights of Plaintiff and Defendants.
230. Plaintiff requests a declaration from this Court that the Agent agreement is
rescinded.
COUNT VIII
Declaratory Relief – Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act
COMPANY
232. Pursuant to the Ending Forced Arbitration of Sexual Assault and Sexual
Harassment Act of 2021 (“Act”), pre-dispute arbitration agreements governing instances of
sexual assault and sexual harassment are invalid and unforeseeable, absent express consent form
from all parties thereto.
233. Plaintiff does not consent to the proceeding in this case via arbitration.
234. An actual dispute and controversy has arisen between the Plaintiff and Corporate
Defendants regarding whether or not the Agent Contract and the provisions set forth therein are
enforceable.
235. For the reasons set forth above, Plaintiff seeks a declaratory judgment rescinding
or otherwise invalidating the Agent Contract pursuant to the aforementioned Act.
236. A judicial determination is necessary and appropriate at this time to determine the
respective rights of Plaintiff and Defendants.
237. Plaintiff requests a declaration from this Court that the Agent Contract is
rescinded and/or otherwise invalidated.
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COUNT IX
Sexual Assault
RENEE ZINSKY v. MICHAEL RUSSIN
238. All previous paragraphs are incorporated as though fully set for the herein.
239. For all the aforementioned reasons, Russin knowingly and intentionally subjected
Plaintiff to unwelcomed and sexual advances, unwelcomed sexual touching, molestation,
coerced sexual contact, sexualized comments and other inappropriate sexual acts and conduct on
numerous occasions since April 2019.
240. As noted in more detail above, many of those advances, comments and other
sexual conduct occurred during the normal course of Plaintiff and Russin’s workday and/or work
events.
241. As noted in more detail above and contrary to the Corporate Defendants’
corporate policies5, Russin was frequently and openly high or otherwise inebriated at work in the
2019-2020 timeframe, when the above-referenced misconduct took place.
242. Russin has since admitted to consistent and frequent abuse of drugs and alcohol at
work during the 2019 – 2020 timeframe.
243. Russin’s aforementioned conduct caused Plaintiff to suffer severe emotional
stress and trauma.
Plaintiff to unwelcome and/or nonconsensual touching, fondling and/or other sexual conduct on
multiple occasion since April 2019.
5
For example, Arias Agencies’ Drug and Alcohol Policy states, in relevant part: It is, therefore, company policy that
any employee or independent contractor found with the presence of alcohol or illegal drugs in his/or system, in the
possession of, using, selling, trading or offering for sale illicit drugs or alcohol during working hours, will be subject to
disciplinary action including discharge.
40
against Russin including lost wages, emotional pain and suffering pay, back pay, liquidated
damages, reasonable attorneys’ fees and costs, and all other relief just and appropriate in the
circumstances.
COUNT X
Battery
RENEE ZINSKY v. MICHAEL RUSSIN
246. All previous paragraphs are incorporated as though fully set for the herein.
247. For all the reasons stated in more detail above, Russin knowingly caused Plaintiff
unwanted offensive and/or harmful physical contract including but not limited to unwelcomed
touching, fondling, and other sexual conduct.
248. For the reasons stated in more detail above, Russin knowingly, caused Plaintiff
unwanted offensive and/or harmful physical contact including but not limited to administering
Plaintiff controlled substances such as date rape drugs without her knowledge or consent.
249. It is believed that therefore averred that, contrary to applicable federal and state
laws as well as Corporate Defendants’ policies, said date rape drugs were sold and/or transferred
to Russin by other male leaders on behalf of the Corporate Defendants on multiple occasions.
250. Russin’s aforementioned conduct caused Plaintiff to suffer physical injuries and
severe emotional stress and trauma.
against Russin including lost wages, emotional pain and suffering pay, back pay, liquated
circumstances.
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COUNT XI
False Imprisonment
RENEE ZINSKY V. MICHAEL RUSSIN
252. All previous paragraphs are incorporated as tough fully set for the herein.
253. As notes above, Russin frequently coerced Plaintiff to get into his car with him
for their “one-on-one coaching” meetings during the timeframe that Plaintiff reported to Russin
only to be subjected to unwelcomed sexual advances, molestation, coerced sexual contact and
unwelcomes sexualized comments and touching, including but not limited to forcing Plaintiff to
engage in sexual acts, forcing Plaintiff to watch pornography with Russin, and/or forcing
Plaintiff to watch Russin masturbate.
254. In addition, Russin would detain Plaintiff in his car while he engaged in other
sexual acts including but not limited to intercourse with other female subordinates of Russins.
255. Russin willfully detained Plaintiff in his car on multiple occasions in 2019 and
20220 without her consent or authority to do so.
Plaintiff to false imprisonment resulting in Plaintiff’s severe emotional stress and trauma.
257. As a result of the foregoing, Plaintiff was injured and seeks relief against Russin
including lost wages, emotional pain and suffering pay, back pay, liquated damages, reasonable
attorneys’ fees and costs, and all other relief just and appropriate in the circumstances.
COUNT XII
Intentional Infliction of Emotional Distress
RENEE ZINSKY V. MICHAEL RUSSIN AND SIMON ARIAS, III
259. As noted in detail above, Russin’s conduct was intentional and reckless, including
42
but not limited to the following particular:
a. Continuously subjecting Plaintiff and other subordinate agents to an

unsafe work environment;
b. Continuously subjecting Plaintiff and other subordinate female agents to
frequent and unwelcomed sexualized, demoralizing, and derogatory
comments;
c. Continuously subjecting Plaintiff and other subordinate female agents to
frequent and unwelcomed sexual advances, unwelcomed sexual touching,
and other unwelcomed sexual conduct;
d. Continuously subjecting Plaintiff and other subordinate agents to frequent
use of misrepresentations, bullying, ridicule, threats, and intimidation
tactics to manipulate or otherwise take advantage of Plaintiff and other
subordinate agents, to his benefit;
e. Continuously subjecting and exposing Plaintiff and other subordinate
agents to frequent use of illegal and illicit and/or illegal drugs and alcohol
at and during work;
f. Continuously subjecting Plaintiff and other subordinate agents to
administering controlled substances such as date rape drugs without her
knowledge or consent;
g. Continuously subjecting Plaintiff and other subordinate agents to the
open sale and/or transfer of illegal drugs and other controlled substances
with other male agents on behalf of the Corporate Defendants at work;
h. Continuously subjecting Plaintiff and other subordinate agents to the
engagement of physical assaults and/or physical fights and other violent
behavior at work and/or work events;
i. Promoting male agents over similarly situated and/or higher performing
females;
j. Retaining and promoting male agents who were conducting unethical
and/or fraudulent business practices on behalf of the Corporate
Defendants;
k. Demoting or terminating females such as Plaintiff who performed higher
than retained males;
l. Coercing and/or otherwise inducing subordinate agents to refrain from
filing lawsuits against the Defendants by making false and fraudulent
misrepresentations such as the sales agents had no legal rights against
Defendants due to their independent contractor status;
m. Withholding subordinate agents, including but not limited to Plaintiff’s,
earned wages;
n. Forcing subordinate agents to pay Russin for sales leads or
other bogus “management fees”;
o. Otherwise encouraging, participating in, and/or being complicit in a highly
misogynistic, toxic, unethical, unlawful, hostile and cult-like work
environment; and,
p. Other intentional and reckless conduct.
43
260. As noted in more detail above, Arias’ conduct was intentional and reckless
a. Continuously subjecting Plaintiff and other subordinate agents to an

unsafe work environment, through present;
b. Intentionally misleading Plaintiff and other subordinate agents by falsely
representing that Russin was being properly managed and/or otherwise
removed from the work environment on multiple occasions through
present;
c. Preventing and/or obstructing agents from reporting misconduct to
include sexual harassment and unethical/fraudulent business practices;
d. Providing bogus contact information to Plaintiff to in order to obstruct
any reports of sexual harassment and/or unethical and fraudulent business
practices;
e. Instructing Plaintiff not to escalate her complaints of sexual harassment,
unethical business practices, and/or fraud;
f. Lying to Plaintiff about the Corporate Defendants’ HR resources;
g. Concealing Plaintiff’s complaints of sexual harassment and unethical
business practices and/or fraud;
h. Using misrepresentations, threats and intimidation tactics to manipulate
or otherwise take advantage of Plaintiff and other agents on a regular
basis, to his benefit;
i. Condoning the open and constant use of drugs and alcohol during and at
work;
j. Continuously failing to comply with applicable laws, regulations and/or
corporate policies;
k. Condoning and/or encouraging unlawful, unethical and/or fraudulent
business practices on behalf of the Arias Agencies’ agents;
l. Failing to properly supervise Russin and other male leaders, despite
frequent violations of the law and/or Corporate Defendants’ policies;
m. Retaining and promoting Russin for years despite knowledge of Russin’s
frequent and repeated misconduct as noted above;
n. Intentionally misleading Plaintiff that Corporate Defendants would
investigate her multiple reports of misconduct;
o. Obstructing Plaintiff from escalating her complaints, seeking legal
counsel in a timely manner or otherwise exercising her legal rights;
p. Encouraging and/or participating in a highly misogynistic, toxic, and
hostile work environment by hosting and/or engaging in physical fights
and wrestling matches in the Wexford office on a frequent basis;
q. Encouraging and/or participating in a highly misogynistic, toxic, and
hostile work environment by hosting professional fighters (with no
experience in the insurance industry) as guest speakers at the Wexford
44
office on a frequent basis;

r. Promoting Russin and other male agents, many of whom are wrestlers and
fighters, over similarly situated and/or higher performing females;
s. Retaining Russin and other male agents who were conducting unethical
and/or fraudulent business practices on behalf of the Corporate
Defendants;
t. Demoting or terminating high performing females, such as Plaintiff;
u. Hiring, retaining and promoting unqualified male agents including but
not limited to those who oftentimes engaged in unethical or fraudulent
business practices;
v. Publicly using threats and intimidations tactics to identify and punish
agents that sought to report or otherwise escalate sexual assault, sexual
harassment, unethical and/or fraudulent business practices;
w. Utilizing pressure, coercion and/or financial resources to force female
subordinates to abort pregnancies with the Defendants’ male leaders;
x. Subjecting subordinate agents to threats, ridicule, bullying, and
intimidations tactics in order to identify and punish other female agents
that sought to report or otherwise escalate sexual assault, sexual
harassment, unethical and/or fraudulent business practices;
y. Withholding subordinate agents, including but not limited to Plaintiff’s,
earned wages;
z. Otherwise creating, encouraging, participating in, and/or being
complicit in a highly misogynistic, toxic, hostile, and cult-like work
environment; and,
aa. Other intentional and reckless conduct.
261. Russin and Arias’ conduct as outlined above resulted in Plaintiff suffering severe
emotional distress and trauma from late April 2019 through the present and ongoing.
against Russin and Arias including lost wages, emotional pain and suffering pay, back pay,
liquidated damages, reasonable attorneys’ fees and costs, and all other relief just and appropriate
in the circumstances.
COUNT XIII
Negligent Hiring, Retention, and Supervision
RENEE ZINSKY V. RUSSIN FINANCIAL, RUSSIN GROUP, ARIAS AGENCIES, S.A.
HOLDINGS, AND AMERICAN INCOME LIFE INSURANCE COMPANY
263. All previous paragraphs are incorporated as though full set forth herein.
45
264. For all the reasons noted above, the Corporate Defendants knew or should have
known of Russin’s misconduct at work including but not limited to the following:
a. The frequent abuse of illegal drugs and alcohol at work, during work
hours, and at work events;
b. Forcing agents to pay for sales leads and other “management fees”;
c. Bribing potential candidates and new hires with gifts and financial
renumeration;
d. Enabling and encouraging widespread unethical and fraudulent business
practices on behalf of Arias Agencies’ agents;
e. Using misrepresentations, threats, ridicule, bullying, and intimidation
tactics to take advantage of his subordinates, to Russin’s benefit;
f. Sexually harassing and/or sexually assaulting Plaintiff and/or other
female agents on a regular basis;
g. Withholding subordinate agents, including but not limited to Plaintiff’s
earned wages;
h. Failing to comply with and/or enforce the Corporate Defendants’
policies, procedures and guidelines;
i. Failing to abide by relevant laws and regulations;
j. Failing to ensure a safe work environment for Plaintiff and other sales
agents.
known of Arias’ misconduct including but not limited to retaining male leaders, including but
not limited to Russin, Matt Duilus, Steve Dell and Justin Adams, who repeatedly engaged in the
aforementioned misconduct.
known of Arias’ unlawful, unethical and/or fraudulent business practices including but not
limited to the following:
a. Condoning the Corporate Defendants’ sales agents’ frequent and open

use and abuse of drugs and alcohol at work;
b. Forcing agents to pay for sales leads and other “management fees”;
c. Bribing potential candidates and new hires with gifts and financial
renumeration
d. Enabling and encouraging males to engage in ongoing sexual harassment,
sexual assault, and other sexual relationships with female subordinates,
e. Pressuring, coercing, and financing female agents to abort pregnancies
46
with male leaders on behalf of Arias Agencies,

f. Condoning and/or encouraging subordinate agents to access AIL
customer’s private information to induce fraudulent sales,
g. Fraudulently mislead potential new hires about potential compensation;
h. Deliberately and unlawfully withholding agents’ compensation;
i. Threaten, mislead, and/or discourage agents from suing the Defendants,
j. Force managers to threaten, mislead and/or discourage their subordinates
from suing the Defendants;
k. Withholding subordinate agents, including but not limited to Plaintiff’s,
earned wages;
l. Creating and/or utilizing bogus bank accounts and/or mailing addresses
on behalf of the Corporate Defendants to facilitate fraudulent business;
and,
m. Other unlawful and/or otherwise unethical misconduct.
267. More specifically the Corporate Defendants were negligent in the following
particulars:
a. Failing to maintain a safe workplace for Plaintiff and other agents from
April 2019 through present;
b. Failing to comply with and/or enforce Corporate Defendants policies,
procedures and guidelines;
c. Failing to comply with relevant laws and regulations;
d. Hiring Russin following a manic episode including extreme violence,
criminal convictions, and involuntary mental health hospitalization;
e. Hiring and retaining male agents, including but not limited to Arias, Greg
Rudolph, Tristan Dlabik, Jon Rindt, and Brent Henderson despite
significant criminal backgrounds.
f. Failure to conduct a proper background check on male agents, including but
not limited to Arias, Rudolph, Dlabik, Rindt, and Henderson prior to hire;
g. Failing to investigate Plaintiff’s reported unethical and/or fraudulent
business practices on behalf of Russin directly to Arias on multiple
occasions;
h. Retaining Russin and other male leaders despite abusing drugs and alcohol
at work on a frequent basis;
i. Retaining Russin despite a pattern of “manic” and violent episodes;
j. .Retaining Russin despite knowledge of other instances of sexual
harassment and/or sexual assault;
k. .Retaining and promoting Justin Adams, Steve Dell, Matt Duilus and other
male leaders after sexually harassing their female subordinates;
l. Retaining and promoting Justin Adams, Steve Dell, Matt Duilus, Jon Rindt,
Rob Jackson, and other male leaders after committing unethical and
fraudulent business practices;
m. Retaining Arias despite knowledge of other instances of unethical and/or
47
fraudulent business practices including but not limited to Arias Agencies

engaging in unauthorized business of insurance in Nebraska, per Court
Order to Cease and Desist dated October 2020 In the Matter of Arias
Agencies, in conjunction with American Income Life, Cause No. I-98
before The Department of Insurance State of Nebraska.
n. Retaining Arias despite Arias’ obstruction and/or concealment of Plaintiff’s
complaints on multiple occasions;
o. Retaining Arias despite Arias failure to supervise Russin particularly
following Russin’s recurring “manic”4 episodes resulting in violent, sexual
and criminal misconduct;
p. Failing to supervise Russin and/or Arias despite the above;
q. Failing to supervise Russin and/or Arias despite the knowledge of other
male leaders associated with Arias Agencies sexually harassing female
subordinates;
r. Failing to supervise Russin and Arias in compliance with their policies and
procedures; and,
s. Otherwise failing to hire, retain, and or supervise Russin and Arias.
268. For all the reasons noted above, the Corporate Defendants had knowledge of a
highly misogynistic, hostile, unethical, unlawful, toxic, and cult-like workplace culture created
and lead by Arias and Russin while retaining Arias and Russin in leadership positions for years.
known of complaints of sexual harassment, unethical business practices and/or fraud in a timely
manner as escalated to Russin and/or Arias, yet Russin and Arias concealed, failed to investigate,
or otherwise manage same. In fact, the Corporate Defendants celebrated Russin and Arias as top
performers and leaders in the company on many occasions during Plaintiff’s tenure and during
the pendency of the investigations in question6.
270. The Corporate Defendants retained Russin and Arias to their benefit and to the
detriment of their female subordinates and customers.
6
For example, the Corporate Defendants recognized Arias as one of the top leaders in the company with the
“Globe Life Legacy Award” in February 2022. Approximately one week after Plaintiff reported Russin’s
sexual harassment to Arias in August 2021, Arias publicly celebrated Russin as Arias Agencies’ “#1 Office
in the Agency”. In October 2021, Russin was publicly recognized “for writing $13,746 ALP” in one day.
48
271. For all the reasons noted above, the Corporate Defendants negligently hired,
retained, and/or supervised Russin and Arias in their capacities as sales agents and/or leaders.
against the Corporate Defendants including lost wages, emotional pain and suffering pay, back
pay, liquidated damages, reasonable attorneys’ fees and costs, and all other relief just and
appropriate in the circumstances.
COUNT XIV
Vicarious Liability/Respondeat Superior
RENEE ZINSKY V. RUSSIN FINANCIAL, RUSSIN GROUP, ARIAS AGENCIES, S.A.
HOLDINGS, AND AMERICAN INCOME LIFE INSURANCE COMPANY
274. At all times relevant herein, Russin and Arias’ conduct as noted above occurred
while they were acting as an agent of the Corporate Defendants and within their scope of
employment with the Corporate Defendants.
275. In the alternative, it is believed and averred that Russin and Arias’ conduct was
condoned and/or ratified by the Corporate Defendants.
276. For the reasons noted in more detail above, Russin and Arias’ conduct noted
above was known and/or reasonably foreseeable by the Corporate Defendants.
277. For the reasons noted above, the Corporate Defendants’ knowingly and
intentionally failed to – and continue to fail to - provide Plaintiff with a safe work environment.
against the Corporate Defendants including lost wages, emotional pain and suffering pay, back
pay, liquidated damages, reasonable attorneys’ fees and costs, and all other relief just and
appropriate in the circumstances.
49
COUNT XV
Defamation
280. For all the reasons noted above, Russin published false statements to third parties,
both written and verbal, about Plaintiff which harmed Plaintiff’s reputation.
281. For example, on multiple occasions, Russin has contacted many of Plaintiff’s
coworkers, verbally and in writing, telling them that Plaintiff had asserted false claims of sexual
assault against him, that Plaintiff was a “liar” and a “money grubbing whore” who was only after
his money.
282. At the same time, Russin contacted many of Plaintiff’s coworkers, verbally and in
writing, requesting and/or demanding that they provide Russin with “anything you can find” ...
“that I can use against [Plaintiff]” such as photographs, videos, text messages, or other
information with the sole intent to put Plaintiff in a false and negative light relative to the subject
lawsuit.
circumstances.
COUNT XVI
Intrusion upon Seclusion
285. For all the reasons noted above, Russin intentionally intruded upon Plaintiff’s
solitude or seclusion or her private affairs, including but not limited to the following particulars:
50
a. Threatening to physically appear and/or cause a physical appearance at

Plaintiff’s place of employment;
b. Threats of violence;
c. Publishing false statements and/or disparaging statements about Plaintiff to
third parties such as Plaintiff’s co-workers;
d. Sending Plaintiff cryptic text messages, and/or causing such messages to be
sent to Plaintiff;
e. Sending Plaintiff’s counsel and/or other agents cryptic text messages,
and/or causing such messages to be sent to Plaintiff’s counsel and/or agents;
f. Vandalizing Plaintiff’s car and/or causing Plaintiff’s car to be vandalized;
g. Employing threats and intimidation tactics intended to cause Plaintiff
mental anguish;
h. Other such intentional conduct causing Plaintiff severe mental anguish and
suffering.
286. The aforementioned acts on behalf of Russin are offensive to a reasonable person.
287. The aforementioned acts on behalf of Russin would cause mental suffering,
shame, and/or humiliation to a person of ordinary sensibilities.
circumstances.
RELIEF REQUESTED
WHEREFORE, Plaintiff Renee Zinsky requests an order for relief as follows:
a. An order rescinding the Agent Contract or portions thereof;

b. Back pay damages (including unpaid overtime compensation and unpaid
wages) and prejudgment interest to the fullest extent permitted under the
law;
c. Liquidated damages to the fullest extent permitted by the law;
d. Damages for lost wages, emotional distress, pain and suffering to the fullest
extent permitted by the law;
e. Punitive damages to the fullest extent permitted by law;
f. Litigation costs, expenses, and attorneys’ fees to the fullest extent permitted
under the law; and,
g. Such other and further relief as this Court deems just and proper.
51
JURY DEMAND
Plaintiff Renee Zinsky, by and through her attorneys, hereby demands a trial by jury
pursuant to Rule 38 of the Federal Rules of Civil Procedure and the court rules and statutes made
and provided with respect to the above-entitled case.
Date: November 1, 2022__ Respectfully submitted,
/s/ Amy N. Williamson

Amy N. Williamson, Esq.
Williamson Law LLC
Law and Finance Building
429 Fourth Avenue, Suite 300
Pittsburgh PA 15219
412-600-8862
awilliamson@awilliamsonlaw.com
52
CERTIFICATE OF SERVICE
I hereby certify that on this __1_ day of November, 2022, I served a copy of the
foregoing Second Amended Complaint via the Court’s ECF filing system.
/s/ Amy N. Williamson

Amy N. Williamson, Esq.
53
Case 2:22-cv-00547-MJH Document 49-1 Filed 11/01/22 Page 1 of 7
American Income Life Insurance Company

Executive Office: P.O. Box 2608, Waco, Texas 76702 (254) 761-6400
AGENT CONTRACT (the “Contract”)
OBLIGATIONS OF AGENT
The Agent agrees:
(a) To use all business records, policyholder information and records, as well as records of leads, prospects or memberships of organizations, only
for the business purposes of American Income Life Insurance Company (the “Company”); to hold such information and records in confidence,
and to comply with any and all applicable privacy laws regarding such information and records; to recognize that such records are the property
of the Company whether paid for or created by the efforts of the Company, the State General Agent, the Agent, or any other person; and to
surrender such records to the Company upon request without retaining copies. See Contract sections titled “USE OF
TRADEMARKS/CONFIDENTIAL INFORMATION/USE OF TRADE SECRETS” and “TERM AND TERMINATION” set forth below for further
information.
(b) To submit all applications for life, accident, and health insurance secured by the Agent promptly to the Company, and to no other entity or
person.
(c) While an Agent of the Company and for two (2) years thereafter, not to attempt to induce other agents of the Company to end their respective
relationships with the Company, or to breach their respective contracts with the Company, or to encourage and/or assist anyone else taking
such actions.
(d) While an Agent of the Company and for two (2) years thereafter, not to attempt to induce the Company’s policyholders to terminate their
respective policies with the Company.
(e) Never to make any statement that is injurious or harmful to the Company, its business or its reputation.
(f) Not to be licensed with, or maintain a contract or appointment with, any insurance company other than a member of the Globe Life Inc. group
of companies while contracted with the Company.
(g) To repay upon demand all sums owing on the account of the Agent to the Company, any one or more of the Globe Life Inc. group of
companies and/or to any State General Agent.
(h) To obey and comply with any laws, rules or regulations of any Federal, State or local government and/or any other entity having jurisdiction
over the sale or service of insurance.
(i) To maintain all appropriate licenses and appointments to engage in selling insurance products under this Contract, including compliance with
applicable continuing education requirements.
(j) Never to advertise or communicate to applicants, policyholders, insureds or any other person any information that is deceptive, misleading,
unlawful and/or untruthful, and/or that constitutes a misrepresentation of fact or an omission of a material fact, and/or that is otherwise not in
compliance with requirements of any law or governmental authority(ies).
(k) To advise the Company of any investigations, claims or demands made by any regulatory authority(ies) against the Agent arising directly or
indirectly from her or his actions under this Contract.
(l) To protect any lead sheets or information relating to any existing and/or potential customers of the Company as confidential; to safeguard such
information at all times; and not to use such information for any purpose other than the business of the Company.
(m) To notify the Company of any discipline, suspension or termination with respect the Agent’s license, including in any State where the Agent is
appointed to sell the Company’s products, within 72 hours of such action.
LIMITATION OF AUTHORITY
The Agent does not have authority to:
(a) Obligate the Company, except by the terms of the insurance application.
(b) Alter the terms of any policy or contract of the Company.
(c) Collect premiums for life, accident and health insurance policies other than in the name of the Company.
(d) Use advertising and/or other materials, regardless of medium, referencing the Company’s products other than that which is provided or
approved by the Company.
(e) Enter into agreements in the Company’s name for debts, expenses or other liabilities, including, but not limited to, lease agreements.
(f) Endorse or cash checks made payable to the Company.
1 AIL - US Agent Contract 08/2019

EXPENSES
The Agent shall be responsible for all expenses incurred in the production of insurance for the Company. The Agent shall, at her or his own
expense, furnish her or his own: means of transportation; office or place of business; advertising materials, form letters, letterheads, and any other
relevant items used in the solicitation of insurance for the Company. Any persons retained by the Agent to assist the Agent in the solicitation or sale
of insurance shall be at the Agent’s own expense.
The Agent shall be responsible to the Company for all loss and/or damage arising in any way from business done by and entrusted to her or him
and shall indemnify, hold harmless, save and defend the Company from any and all expenses, costs, causes of action, losses or damages,
including attorney’s fees, incurred by the Company as a result of any acts or omissions of the Agent, including unauthorized acts, fraud, or any
breach of this Contract.
ADVICE AND ASSISTANCE FROM OTHER AGENTS
Experienced agents, including Supervising Agents, General Agents, Master General Agents, Regional General Agents and State General Agents,
are available to assist the Agent with sales advice, and may recommend strategies to the Agent that could help the Agent become a more
successful salesperson. Additionally, from time-to-time, optional training and/or sales meetings may be held by the State General Agent with whom
the Agent is affiliated in order to acquaint the Agent with new products, discuss sales techniques, exchange ideas with other agents, and provide
general sales support and motivation. The State General Agent may request that the Agent voluntarily provide information about her or his sales
activities in order to help identify agents who could benefit from additional training or sales assistance.
COMMISSIONS
The commission for a given policy sold by the Agent is determined by the Agent’s commission schedule in effect at the time the policy is issued and
is subject to the following terms and conditions:
(1) Commissions will be paid on premiums received by the Company for business produced by the Agent less any premiums returned to the
Company unpaid or refunded to the insured. A commission is not earned unless and until premium is received by the Company. No commissions
will be paid on premiums that are waived, or on extra premiums for hazards or physical conditions. Recognizing that the amount of the Agent’s profit
or loss is solely dependent upon the Agent’s degree of skill and effort, commissions paid to the Agent are to be in full satisfaction of all claims upon
the Company account for services or expenses under this Contract.
(2) Subject to the terms of this Contract, including, but not limited to, paragraphs 3 and 4, below, commissions earned after termination of this
Contract will be paid to the Agent only if: (a) the Agent’s termination was not for cause; and (b) the Agent complies with all obligations under this
Contract that arise following termination, including, but not limited to, the “USE OF TRADEMARKS/CONFIDENTIAL INFORMATION/USE OF
TRADE SECRETS.”
(3) As set forth above, commissions are not earned by the Agent unless and until premiums are received by the Company. Solely for the benefit of
the Agent, the Company may, at its sole discretion, pay the Agent commissions before they are earned (which commissions are referred to herein
as “Advance Commissions”). The Company reserves the right to set limits on the amount of Advance Commissions and to charge interest and fees
on Advance Commissions. Advance Commissions will be repaid by the Agent from the proceeds of commissions earned by the Agent following the
Company’s payment of the Advance Commissions. The Agent understands and agrees, however, that she or he shall be required to repay these
Advance Commissions even if the commissions actually earned by the Agent are not sufficient to repay the Company the full amount of the
Advance Commissions, and even if the Company fails to make a demand for repayment of the Advance Commissions. The Agent further agrees to
the following additional terms as a condition of her or his receipt of Advance Commissions:
(a) Advance Commissions will be tracked on the Agent’s account by the Company;
(b) The Company may reduce or withhold entirely any commissions otherwise payable to the Agent until the Advance Commissions are
fully repaid by the Agent, including, but not limited to, renewal commissions that have vested pursuant to this Contract;
(c) The Agent understands and agrees that she or he is fully liable to the Company until the Advance Commissions are repaid in full and
further understands and agrees that the Company’s right to recover such Advance Commissions if they are not fully repaid is based
on the Company’s right of recoupment and are not in the nature of a set-off, since all such unpaid sums arise under this Contract; and
(d) After termination of this Contract, with or without cause, any Advance Commissions that have not been fully repaid will be
immediately repaid by the Agent.
(4) The Agent shall not be entitled to receive renewal commissions until one (1) year after the effective date of this Contract. Thereafter, the
Agent’s right to receive renewal commissions shall vest in accordance with the Company’s union agreement with OPEIU Local 277.
The Agent’s right to receive vested renewal commissions, if any, shall immediately terminate without notice if: (a) all Advance Commissions have not
been timely and fully repaid; (b) this Contract is terminated for cause or due to the Agent’s violation of any provision of this Contract; and/or (c) in any
calendar year following termination of this Contract the amount of such vested renewal commissions paid under this Contract is less than $150 (One
Hundred and Fifty Dollars) per calendar quarter.
At the option of the Company, payment of commissions may be held in abeyance for one hundred and eighty (180) days after termination of this
Contract in order to determine the existence of any sums owed to the Company or any other Globe Life Family of Companies, which sums are to be
recouped from commissions. If the Agent has a credit balance on an account with any Globe Life Family of Companies, the credit balance may be
applied to satisfy any sums owed by the Agent to said affiliate(s).
This Contract has the standard commission schedule (AGSTD) unless otherwise indicated. Commissions earned after the termination of this
Contract shall be credited in accordance with the union agreement with OPEIU Local 277.

USE OF TRADEMARKS/CONFIDENTIAL INFORMATION/USE OF TRADE SECRETS
The Agent understands and agrees that during the course of her or his performance of this Contract, certain confidential and proprietary
information, including trade secrets relating to the Company’s policyholders, prospective customers, business and operations will be made
available to the Agent (which information is referred to herein as “Confidential Information”). The Agent agrees that she or he will not use this
Confidential Information except in connection with the performance of her or his duties hereunder. The Agent further agrees not to disclose this
Confidential Information to anyone other than employees of the Agent who have a need to know it, and to take all necessary and reasonable action
to insure and cause all such persons to protect the confidentiality of such Confidential Information and to insure compliance with the confidentiality
obligations herein. Such Confidential Information includes, but is not limited to, any and all business information such as: (a) proprietary methods,
techniques, and practices, financial data, plans and all other know-how and trade secrets of the Company which have not been published or
disclosed to the general public; (b) the Company’s business methods and practices, including pricing methods, contract terms, commissions, bonus
schedules and practices; (c) compilations of data or information, including policyholder information and records, the Company’s customer lists, lead
lists and potential customer lists, CAS database information, and Impact application information; and (d) any other information not generally known to
the public, including, but not limited to, information about the Company’s policyholders, agents and agent contracts, hierarchies, operations,
personnel, products, and trademarks or services, which, if misused or disclosed, could adversely affect the Company’s business and/or provide a
competitive advantage to anyone using or obtaining such Confidential Information.
During the term of this Contract, Company hereby grants to the Agent a non-exclusive, worldwide, non-sub-licensable, non-assignable license to use
the Company’s Confidential Information, trademarks and logos solely in connection with Agent’s work under this Contract. The Agent’s license to use
the Company’s trademarks and logos terminates when this Contract terminates pursuant to the provisions of the Term and Termination provisions of
this Contract.
The Agent understands and agrees that the obligations of this section survive termination of this Contract.
IMMUNITY NOTICE: 18 U.S.C. § 1833(b) states: “An individual shall not be held criminally or civilly liable under any Federal or State
trade secret law for the disclosure of a trade secret that (1) is made (a) in confidence to a Federal, State or local government official, either directly
or indirectly, or to an attorney; and (b) solely for the purpose of reporting or investigating a suspected violation of law; or (2) is made in a complaint or
other document filed in a lawsuit or other proceeding, if such filing is made under seal.” Accordingly, the Agent has the right to disclose in confidence
trade secrets to Federal, State or local government officials, or to an attorney, for the sole purpose of reporting or participating in the investigation of
a suspected violation of law. The Agent also has the right to disclose trade secrets in a document filed in a lawsuit or other proceeding, but only if the
filing is made under seal and protected from public disclosure. Nothing in this Contract is intended to conflict with 18 U.S.C. § 1833(b) or create
liability for disclosures of trade secrets that are expressly allowed by 18 U.S.C. § 1833(b).
TERM AND TERMINATION OF CONTRACT
Either party may terminate this Contract immediately for cause, including non-performance of any material provision, or if the other party violates any
applicable law, insurance code, or regulation. In addition, either party may terminate this Contract without cause by giving thirty (30) days’ written
notice. Any notice of termination of this Contract sent by the Agent to the Company shall be sent to: American Income Life Insurance Company;
1200 Wooded Acres Drive, Waco, Texas 76710; Attention: Agency Department. Notice of termination of this Contract, if sent by the Company to the
Agent, is effective if mailed to the last address for the agent known by the Company’s Senior Vice President of Agency, or if emailed to the Agent at
the Agent’s last known email address on file with the Company.
If the State General Agent to which the Agent is coded terminates its relationship with the Agent because the Agent has violated any applicable law,
insurance code, or regulation, then this Contract will terminate immediately. If the State General Agent to which the Agent is coded terminates its
relationship with the Agent for any other reason by giving the Agent thirty (30) days of written notice of same, then this Contract will terminate at the
end of that thirty (30) days.
This Contract shall terminate automatically if the Agent’s license(s) to sell insurance in the State(s) where the Agent sells the Company’s products
is/are terminated, suspended or revoked, or if the Agent otherwise fails to maintain such license(s).
After termination of this Contract, the Agent will never use the Company’s Confidential Information, including trade secrets such as policyholder
information and records, Company-provided union or credit union membership records, or other Company business records (such as lead return
cards, referrals, policyholder lists, CAS database information, Impact application information, computer disks or other storage media, no matter how
or when obtained, and whether prepared by the Company or the State General Agent or any other person) for any purpose, including, without
limitation, for the purpose of soliciting the sale of insurance policies of the type offered for sale by the Company (e.g., life insurance policies,
accidental death and dismemberment policies, cancer insurance policies and disability insurance policies) and/or for the purpose of replacing any
insurance policy sold by the Company. Immediately upon termination of this Contract, all such records comprising Confidential Information shall be
returned by the Agent via overnight courier, signature required, to the address then on file with the Department of Insurance at the time in the state
where the Agent’s affiliated State General Agent’s office is located. All such records will be returned immediately as provided herein without the
Agent retaining any copies. In the event the records comprising Confidential Information are returned to Agent as undeliverable, Agent is responsible
to immediately return such records via overnight courier, signature required, to American Income Life Insurance Company, Attention: Agency
Department, 1200 Wooded Acres Drive, Waco, Texas 76710.
Agent agrees that in the event of a breach of this Contract with respect to the Company’s Confidential Information, including trademarks and trade
secrets, an award of damages alone will not adequately compensate the Company and that immediate and irreparable injury will result and that
Company has no adequate remedy at law such that Agent agrees that in addition to Company’s right of action for damages, Company shall be
entitled to injunctive relief for any violation.

NON-COMPETITION
For a period of two (2) years after termination of this Contract, the Agent shall not:
(a) Directly or indirectly contact the Company’s policyholders to attempt to induce them to terminate their respective policies or in any
other way to injure the business or reputation of the Company.
(b) Attempt to induce other agents of the Company to end their respective relationships with the Company, or to violate the terms or
conditions of their respective contracts with the Company.
Agent agrees that in the event of a breach of this Contract by Agent that an award of damages alone will not adequately compensate the Company
and that immediate and irreparable harm will result and that the Company has no adequate remedy at law such that Agent agrees that in addition to
the Company’s right of action for damages, Company shall also be entitled to injunctive relief for any violation.
SEVERABILITY
If any provision of this Contract should be determined to be invalid or otherwise unenforceable under applicable law, the remainder of this Contract
shall not be affected thereby.
DEPORTMENT
The Agent shall immediately forfeit her or his right to receive any commissions due or to become due under this Contract or any other agreement
with the Company if the Agent at any time, either before or after termination of this Contract: (1) wrongfully withholds any funds belonging to any
applicant for insurance, a policyholder, or the Company; (2) induces any policyholder to lapse, relinquish or surrender a policy with the Company; (3)
engages in any conduct which constitutes a misappropriation of the Company’s Confidential Information, including without limitation any trade
secret(s); or (4) in any other way breaches this Contract during its tenure or subsequent to its termination (including, but not limited to, a violation of
those provisions of this Contract that survive the termination of this Contract).
ARBITRATION
In the event of any dispute or disagreement, whether arising out of or relating to this Contract or otherwise, that is not subject to or resolved by the
grievance process set forth in the operative union agreement between the Company's State General Agents, the Company, and OPEIU Local 277,
the Parties to the dispute shall use their best efforts to settle such disputes. “Parties” includes the Agent, the Company (including its parent, Globe
Life Inc.) and the State General Agent. To this effect, the Parties shall negotiate with each other in good faith to reach a just solution. The negotiation
process is to be considered a settlement negotiation for the purpose of all state and federal rules protecting statements made during such
conferences from later discovery or use in evidence.
If the Parties do not reach a just solution by negotiation as described above, then upon written notice by one Party to another, all disputes, claims,
questions and controversies of any kind or nature arising out of or relating to this Contract, any alleged violation of any state or federal statute,
regulation, law or order of any kind, and/or the agent’s relationship as an independent contractor and not an employee (including, without limitation,
claims for wrongful termination, discrimination, wage-and-hour violations, or any other claim based on an alleged employment relationship),
regardless of whether they are brought by or against the Company, the Agent, or the State General Agent, except a dispute relating to the
enforceability of this agreement to arbitrate, shall be submitted to binding arbitration under the substantive rules of the Federal Arbitration Act
(“FAA”), to be administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Rules then in effect. The arbitration
shall take place in the AAA office closest to the domicile of the Agent. The Company shall pay any AAA filing, administrative, and arbitrator fee(s).
Arbitration shall be on an individual, not a class, collective, representative, or private attorney general basis. If waiver as to class action claims is
deemed unenforceable, the parties do not agree to class arbitration and any class action claims must proceed in court. If waiver as to collective,
representative, or private attorney general claims is deemed unenforceable, any such claims must proceed in court, and must be stayed while any
remaining claims are arbitrated on an individual basis. The arbitrator shall have the power to award any relief that would otherwise be available in
court, including attorney’s fees if permitted by statute, injunctive or other equitable relief. The arbitrator’s findings and award shall be final and binding
on the Parties and their beneficiaries, successors, assigns, or anyone claiming an interest in the Contract. Any court having jurisdiction may enter
judgment on the award rendered by the arbitrator(s). The parties acknowledge that this Contract involves interstate commerce, and all issues
relating to arbitration or the enforceability of this agreement to arbitrate shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. Aside
from issues relating to arbitration or the enforceability of this agreement to arbitrate, all issues relating to any dispute, claim, or controversy arising
out of or relating to this Contract shall be governed by and decided in accordance with the internal laws of the State of Texas, without regard to its
choice-of-law rules.
RELATIONSHIP
The Agent is an independent contractor to the fullest extent permitted by law, and will not be treated as an employee with respect to services
performed under this Contract, including for Federal and State tax purposes. The Agent has no fixed hours and is free to choose the time and
manner in which services are performed. The Agent shall not represent or imply that the Agent is an officer of the Company or a person having
general authority to transact business for the Company. As an independent contractor, the Agent is not eligible for unemployment benefits or
worker’s compensation.
PROTECTED HEALTH INFORMATION
The Agent understands and agrees that while performing her or his obligations under this Contract, she or he may receive information about
individuals or entities who enroll, apply for or purchase the Company’s insurance, which information is defined as “Protected Health Information”
under the privacy regulations issued under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and/or “Nonpublic Personal
Information” under the Gramm-Leach-Bliley Act (“GLBA”) and its implementing regulations (collectively, this information is herein referred to as
“Protected Information” or “PI”). The Agent agrees that she or he will at all times comply with the Company’s policies regarding the treatment of such
PI (hereinafter “Company Policies”). If the Agent becomes aware of any use or disclosure of PI that is not permitted by the Company’s Policies
and/or HIPAA and/or the GLBA, the Agent shall immediately report such incident to the Company and cooperate fully with the Company to fulfill any
resulting legal obligations. The Agent understands and agrees that the obligations contained herein survive termination of this Contract.

NO WAIVER
No provision of this Contract shall be waived nor any rule or procedure of the Company become inapplicable merely because the Company has
failed to enforce it previously.
ENTIRE AGREEMENT
This Contract, the Special Notice Acknowledgment attached hereto as Exhibit A, and the applicable commission schedules represent the entire
understanding of the parties with respect to the subject matter hereof and supersedes and terminates any prior or contemporaneous agreements,
whether written or oral, in which the Agent and the Company are Parties except as described in this paragraph. This Contract can only be amended
in a writing executed by Company and Agent. Notwithstanding the execution of any subsequent contracts between Company and Agent, in the
event the Agent’s commission schedule changes and she or he remains an Agent of the Company, insurance policies previously issued by the
Company under the existing commission structure then in effect under the prior agent contract shall remain and any new policy of insurance issued
by the Company after the effective date of any subsequent agent contract will have the commission payable to the Agent by the Company based on
the commission schedule then in effect at the time of issuance of the policy of insurance.
NONASSIGNABLE
No benefit or right under this Contract may be assigned without the consent of the Company.
REQUIREMENT OF WRITING
All agreements must be in writing. No promise or understanding shall be enforceable unless made in writing.
I HEREBY ACKNOWLEDGE THAT I HAVE READ THE FOREGOING CONTRACT IN ITS ENTIRETY, INCLUDING THE ARBITRATION
PROVISION, THE SPECIAL NOTICE ACKNOWLEDGEMENT ATTACHED HERETO AS EXHIBIT A, AND AGREE TO ALL CONTRACT TERMS.
THIS CONTRACT SHALL NOT BECOME EFFECTIVE UNLESS AND UNTIL THE COMPANY AND THE APPLICABLE STATE GENERAL AGENT
SIGN BELOW.
This Contract is signed (Date) .
(Agent Printed Name)
(Agent Signature Name)
(State General Agent Printed Name)
(State General Agent Signature Name)
By (Proxy Printed Name)
By (Proxy Signature Name)
AMERICAN INCOME LIFE INSURANCE COMPANY
This Contract is effective (Date) .
By (Printed Name)
By (Signature Name)
COMMISSION SCHEDULE INSTRUCTIONS
50% Career Agent 67.5% Career Agent 77.5% Career Agent

60% Standard Career Agent 70% Career Agent 80% Career Agent
62.5% Career Agent 72.5% Career Agent 90% Career Agent
65% Career Agent 75% Career Agent 100% Career Agent
**Career Agent automatic contract progression is outlined in the OPEIU Local 227 Agent/PR collective agreement

HIERARCHY INSTRUCTIONS (please print)
Level Contract Percent Name
SGA
AGENT

SPECIAL NOTICE ACKNOWLEDGEMENT
EXHIBIT A
I understand and acknowledge the following:
1. Checks of a policyholder or applicant must be made payable to American Income Life Insurance Company (the
“Company”) and never to me.
2. I may not cash or deposit any check made payable to the Company.
3. I may not contract for any purchase in the name of the Company.
4. I may not sign any lease or incur any obligation in the name of the Company.
5. I understand that I will not be an employee of the Company; rather, I will be an independent contractor of the Company.
6. I will be paid on a commission basis only and I will receive a Form 1099 for the commissions that I am paid. The Company
will not withhold taxes or social security from my commission payments. I am responsible for paying all of my own taxes,
including social security payments.
7. I am not eligible for unemployment benefits or worker’s compensation.
8. I am responsible for maintaining any separate office(s) in which I work, and I must furnish my own equipment, materials,
and supplies (other than State- and/or Company-approved forms). I will incur and be responsible for the expenses related
to my work, and expect to have recurring business liabilities and obligations. At my sole discretion and expense, I can hire
one or more assistants to work for my business. I recognize that neither the Company nor the State General Agent will
reimburse me for any expenses I incur in doing my business. Because the success or failure of my business will depend on
the relationship of my business receipts (commission income) to expenditures, I may realize a profit or suffer a loss under
my written contract(s) to perform services for the Company.
9. I alone will control the manner and means of my work. I will set my own work schedule, and I will be free to choose the
manner in which my work is performed. I understand that I am free to pursue other non-insurance-related business
ventures while contracted with the Company.
10. I understand that from time to time, the Company or the State General Agent may make available to me training and/or
sales meetings to introduce new products, offer assistance in maximizing my sales, and provide information regarding
compliance with federal or state law pertaining to the sale of insurance.
11. I understand that my State General Agent may make sales leads available to me. However, I further understand that I have
no right or guarantee to receive any leads at all. I understand that I am responsible for generating my own leads and/or
referrals for potential customers.
12. I understand that the Company maintains the ultimate right to approve or disapprove any application and/or potential
customer. I will be responsible for the satisfactory completion of the services for which I am contracted, and I will be liable
for failure to satisfactorily complete the services. I will be responsible to the Company for all loss or damage arising from
business done by and entrusted to me and I shall indemnify and hold harmless the Company from any and all expenses,
costs, causes of action, loss or damages resulting from any fraudulent or unauthorized acts or omissions.
13. I will maintain the proper insurance license required to do business and will adhere to all state and federal laws and
regulations applicable to insurance sales activity. I understand all customer leads and policyholder information and records
are Company trade secrets, and are considered confidential and private and will not use them for anything other than
Company business.
14. I will adhere to all State, Federal, and/or Provincial laws regarding privacy of consumer and/or policyholder information and
records. I will take all appropriate and necessary steps to protect and safeguard the privacy and confidentiality of consumer
and/or policyholder data to which I have access, regardless of the source of such data. I will comply with Company
guidelines and contract requirements respecting the maintenance, return, and destruction of consumer- and policyholder-
related records, including, but not limited to, business records, policyholder records, CAS records, lead records, and
records concerning prospects or organization memberships.
Signature X Date (mm/dd/yy)

Zinsky v. Russin - Second Amended Complaint - 2022-11-01 - Case No. 2:22-cv-00547-MJ

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Zinsky v. Russin - Second Amended Complaint - 2022-11-01 - Case No. 2:22-cv-00547-MJ

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Case 2:22-cv-00547-MJH Document 49 Filed 11/01/22 Page 1 of 53

IN THE UNITED STATES DISTRICT COURT FOR

RENEE ZINSKY, Civil Action

Plaintiff, No. 2:22-cv-547

Defendants. JURY TRIAL DEMANDED

PLAINTIFF’S SECOND AMENDED COMPLAINT

(“Defendant” Or “Russin”), Russin Financial (“Defendant” or “Russin Financial”), Russin Group

(“Defendant” or “Arias Agencies”), S. A. Holdings LLC (“Defendant” or “Arias Holdings”), and

own conduct and on information and belief as to the acts of others.

JURISDICTION AND VENUE

1. This Court has jurisdiction over Plaintiff’s FLSA claim pursuant to 29

U.S.C. Pa.C.S.A. § 216(b) and 28 U.S.C. § 1331.

Defendants do business in this district.

5. Plaintiff, Renee Zinsky (“Plaintiff” or “Zinsky”), is an adult individual who

resides in Wexford, Pennsylvania 15090.

6. Michael Russin (“Defendant” or “Russin”) is an adult individual who resides at

11 Noble Lane, Windham Maine, 04062.

7. Russin Financial (“Defendant” or “Russin Financial”) is a Pennsylvania

8. The Russin Group LLC (“Defendant” or “Russin Group”) is a Pennsylvania

Wexford, Pennsylvania 15090.

103 Indian Meadow Drive Mars, Pennsylvania, 16046.

11. Arias Agencies (“Defendant” or “Arias Agencies”) is a Pennsylvania

12. S.A. Arias Holdings, LLC (“Defendant” or “Arias Holdings”) is a Pennsylvania

14. American Income Life Insurance Company (“Defendant” or “AIL”) is an

thirteen offices in this judicial district.

16. AIL is an insurance company registered with the National Association of

U.S.C. §§ 206- 207.

on selling life insurance products to consumers as well as recruiting sales agents.

19. The Corporate Defendants’ annual gross volume of business exceeds

enterprises within the meaning of 29 U.S.C. § 207(b)(3).

while reporting to Arias.

24. For all relevant times herein, Russin reported to Arias.

each of Plaintiff’s aforementioned agent positions.

28. Plaintiff’s Agent Contract provides a specific commission structure. The

Contract further provides, in relevant part, as follows:

a. The Agent is not an employee of the Company; rather the agent is an

A. The Hiring Process

position with the Corporate Defendants.

Defendant’s, Plaintiff’s compensation would be comprised of multiple income streams,

including but not limited to the following:

a. Commissions based on volume and retention of life insurance product sales;

31. Since, various representatives on behalf of the Corporate Defendants have

reiterated the same compensation structure to Plaintiff.

32. Immediately following the aforementioned interview, Russin offered Plaintiff a

within her first year of work.

35. In reliance on the above referenced representations and promises, Plaintiff

Pennsylvania, 15090 (“Wexford Office”).

to Russin and/or Arias also worked out of the Wexford Office.

withholding Plaintiff’s compensation for earned monthly renewal commissions.

41. To date, the Corporate Defendants continue to withhold said compensation

owed to Plaintiff for her earned renewals since November 2020.

intimidation tactics or other unethical and/or unlawful reasons, to their benefit.

approximately one month.

least $500 per week for the mandatory training.

week while training.

by the Corporate Defendants.

Plaintiff as an independent contractor.

Plaintiff’s work, including but not limited to the following particulars:

a. Control over the manner in which Plaintiff’s work was performed;

54. Plaintiff was not paid minimum wage or overtime pay.

C. The Defendants’ Hostile, Toxic, and Cult-Like Work Environment

including but not limited to the following particulars:

advantage of their subordinates, to the Defendants’ benefit;

y. Frequent and continuous disregard for the applicable laws, regulations,

sales, to the Defendants’ pecuniary benefit. gg. Male leaders,

58. In addition, Russin would frequently make inappropriate, lewd, violent,

a. I do everything fast, even cummies;