10. Plaintiffs bring a collective action against their former employers for unpaid wages and  overtime compensation owed to them and all other similarly situated employees, current  and former, of Defendants’ who worked for the Defendants, at any time during the three  year period before this Complaint was filed up to the present (the “FLSA Class Members”).  These class members should be informed of the pendency of this action and appraised of  their rights to join this action.    11. While working for Svensk, the FLSA Class members were employees as that term is  defined by 29 U.S.C. §203(e), and were engaged in interstate commerce in that the  materials used to perform pool services, and the vehicles driven to get to the pools, are  articles that traveled through interstate commerce.    13. At all times pertinent to this claim, Fernbach was an officer and director, and operator of  Svensk acting as a manager in relation to Svensk’s employees, including, without  limitation, setting pay, pay policies, and work schedules. Thus Fernbach is an employer  within the meaning of Section 29 U.S.C. §203(d).   14. During the Collective Action Timer Period, Defendants failed to pay Plaintiffs and the  other FLSA Class Members for all hours worked in violation of the FLSA.    15. During the Collective Action Time Period, Defendants failed to pay overtime to the FLSA  class Members for all hours worked in excess of forty (40) hours per week, in violation of  the FLSA.    16. Plaintiffs and other FLSA Class Members are non-exempt employees under the FLSA.    17. As part of their regular business practices, Defendants have intentionally, willfully and  repeditly harmed Plaintiffs and other FLSA Class Members by engaging in a pattern,  practice or policy of violating the FLSA on a class wide basis. Defendants’ actions were  willful and with knowledge because the Defendant has been sued before for violating the  30. Plaintiffs, individually, together, and on behalf of all others similarly situated, realleges the  allegations contained in Paragraphs 1 through 29 above as though fully set forth herin.    31. This is an action against Defendants for willful violations of the FLSA, including 29 U.S.C.  §§206, 207 et. seq.     32. From October 2018 to October 2019, Plaintiff Wallen worked for Defendants continuously  in excess of forty (40) hours per week.    33. From March 19, 2018 through December 2, 2019, Plaintiff Shakes worked for Defendants  continuously in excess of forty (40) hours per week.    34. For the entire length of the Plaintiffs’ employment by Defendants, neither Plaintiff was  paid for the time he spent working in excess of forty (40) hours per week, in violation of  the FLSA’s overtime requirement.    35. The FLSA Class Members worked at various times for the Defendants, during the  Collective Action Period.    37. By failing to compensate Shakes, Wallen, and the other FLSA Class Members, for the time  they worked in excess of forty (40) hours per week (either at their regular rate or overtime  rate), Defendants have willfully violated the provisions of the FLSA.    38. Defendants’ actions were willful and purposeful as they were well aware of the FLSA’s  requirements for payment of all hours worked and for payment of overtime wages at the  overtime rate for non-exempt employees, such as Shakes and Wallen, and those similarly  situated. They are willful and purposeful because Defendants are aware of the FLSA’s  requirements based on former FLSA actions against them.    39. None of the exemptions provided by the FLSA regulating the duty of employers to pay  employees at a time-and-a-half rate for all hours worked in excess of forty (40) in a given  workweek are applicable to Defendants or Plaintiff and the other FLSA Class Members.    40. Defendants failed to make, keep and/or preserve adequate records of the Plaintiffs’ and the  other FLSA Class Members wages, work hours, pay, and other conditions and practice of  employment maintained by Defendants in violation of 29 U.S.C. §211(c).   41. Defendants failed to keep adequate, and accurate, payroll records that include all  information required to be maintained by employers under Federal Law pursuant to 29  C.F.R. §§ 516.2 and 516.5.    7. Wallen worked for Defendants as a pool service technician from October 2018 to October  20th 2019.    8. Shakes worked for Defendants as a pool service technician from March 19, 2018 to  December 2, 2019.    9. During the time perio9d from March 19, 2018 to December 2, 2019 (the “Collective Action  Time Period”) Shakes, Wallen and those similarly situated employees, current and former,  worked as pool technicians, pool repair technicians and pool service technicians.   VIOLATION OF THE FLSA  (Against Both Defendants)  