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STATE OF SOUTH CAROLINA ) ) IN THE COURT OF COMMON PLEAS COUNTY OF CHEROKEE ) ) Shannon Burgess, individually and on ) behalf of all others similarly situated, ) ) Plaintiff, ) )

v. )

SUMMONS

) (JURY TRIAL DEMANDED) Cherokee County School District; Cherokee ) County School District Board of Trustees; ) Cherokee County School District Office ) of Superintendent, and Principal Gavin ) Fisher, individually and in his official ) capacity, ) ) Defendants. ) ____________________________________) YOU ARE HEREBY SUMMONED and required to answer the Complaint in this action, a copy of which is attached herewith served upon you, and to serve a copy of your answer to said Complaint on the subscribers at their mailing address at Post Office Box 314, Mauldin, South Carolina, 29662, within thirty (30) days after such service; and if you fail to answer the Complaint within the time aforesaid, judgment by default will be rendered against you for the relief demanded in this Complaint. Respectfully Submitted,

S

/ John G. Reckenbeil John G. Reckenbeil, SC BAR NO. 68610 LAW OFFICE OF JOHN RECKENBEIL, LLC Post Office Box 314 Mauldin, South Carolina 29662 Phone: (864) 248-0436 Fax: (864) 326-5940 Email: john@johnreckenbeillaw.com Dated: August 7, 2019 Greenville, South Carolina

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STATE OF SOUTH CAROLINA ) ) IN THE COURT OF COMMON PLEAS COUNTY OF CHEROKEE ) ) Shannon Burgess, individually and on ) behalf of all others similarly situated, ) ) Plaintiff, ) )

COMPLAINT

v. )

Class/Collective Action

) (JURY TRIAL DEMANDED) Cherokee County School District; Cherokee ) County School District Board of Trustees; ) Cherokee County School District Office ) of Superintendent, and Principal Gavin ) Fisher, individually and in his official ) capacity, ) ) Defendants. ) ____________________________________) Plaintiff Shannon Burgess (“Burgess”), individually and on behalf of all others similarly situated, (collectively “Plaintiff”) brings this class/collective action lawsuit against Cherokee County School District, Cherokee County School District Board of Trustees, Cherokee County School District Office of Superintendent and Principal Gavin Fisher, individually and in his official capacity seeking to recover for Defendants’ violations of the Fair Labor Standards Act, 29 U.S.C. §§ 201

et seq

., the South Carolina Payment of Wages Act, S.C. Code Ann. §§ 41-10-10 to 110 (Breach of Professional Services Contract (“Teacher”) on behalf of herself and all other Teachers similarly situated in the Cherokee County School District and other statewide school districts), allege as follows:

PARTIES AND JURISDICTION

1.

Plaintiff Shannon Burgess is a resident of the State of North Carolina, County of Rutherford. That Plaintiff qualifies as a continuing contract status Teacher under South Carolina law S.C. Code Ann. § 59-26-40.


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2.

Pursuant to 29 U.S.C. § 216(b), Plaintiff has consented in writing to be a party to the FLSA claims asserted in this action, and Plaintiff’s signed consent form is attached. (See Exhibit A – Plaintiff’s Consent to Sue Form). 3.

Defendant Cherokee County School District is a political subdivision of the state of South Carolina and a public educational establishment, to which the day-to-day operations are carried out by the Cherokee County Board of Trustees and the Cherokee County Superintendent (hereinafter collectively referred to as “Cherokee County School District”). 4.

Both Defendant Cherokee County School District Board of Trustees (“Board”) and Defendant Cherokee County School District Superintendent

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(“Superintendent”), and at all times material to this action, has regulated the employment of all persons employed by Cherokee County School District, and acted directly and indirectly in interest in relation to said employees, and is therefore both “employer(s)” of Plaintiff within the meaning of section 203(d) of the FLSA. 5.

Defendant Principal Gavin Fisher (“Fisher”) at all times material to this action, has regulated the employment of the Plaintiff and other employees of Cherokee County School District of Granard Middle School and acted directly and indirectly in interest in relation to said employees, and was therefore an “employer” of Plaintiff, and other employees similarly situated, within the meaning of Section 203(d) of the FLSA. 6.

In addition, Principal Fisher qualifies as an “employer” under the FLSA based upon his supervisory authority over the employees and the daily operations of Granard Middle School, his ability to enforce disciplinary actions against employees, and his authority over scheduling and directing the employees’ daily assignments to include this named Plaintiff.

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Upon information and belief, Dr. Quincie Moore was Superintendent from approximately 2016 – January 2019; Mr. Donald Andrews was Superintendent from January 2019 – June 2019; and Dr. Dana Fall became Superintendent July 1, 2019 – present.
