22.  Plaintiff brings the First and Second Causes of Action, NYLL claims, under Rule  23 of the Federal Rules of Civil Procedure, on behalf of himself and a class of persons consisting  of:   All persons who work or have worked as Manual  Workers for Enterprise Holdings, Inc. in New York  between October 30, 2014 and the date of final  judgment in this matter (the “New York Class”).   23.  The members of the New York Class are so numerous that joinder of all members  is impracticable, and the disposition of their claims as a class will benefit the parties and the Court.     24.  There are more than one hundred members of the New York Class.   25.  Plaintiff’s claims are typical of those claims that could be alleged by any member  of the New York Class, and the relief sought is typical of the relief which would be sought by each  member of the New York Class in separate actions.    5   26.  Plaintiff and the New York Class have all been injured in that they have been  compensated in an untimely manner due to Defendant’s common policies, practices, and patterns  of conduct.  Defendant’s corporate-wide policies and practices affected everyone in the New York  Class similarly, and Defendant benefited from the same type of unfair and/or wrongful acts as to  each member of the New York Class.     27.  Plaintiff is able to fairly and adequately protect the interests of the New York Class  and has no interests antagonistic to the New York Class.     28.  Plaintiff is represented by attorneys who are experienced and competent in both  class action litigation and employment litigation and have previously represented many plaintiff  and classes in wage and hour cases.   29.  A class action is superior to other available methods for the fair and efficient  adjudication of the controversy – particularly in the context of wage and hour litigation where  individual class members lack the financial resources to vigorously prosecute a lawsuit against  corporate defendants. Class action treatment will permit a large number of similar persons to  prosecute their common claims in a single forum simultaneously, efficiently, and without the  unnecessary duplication of efforts and expense that numerous individual actions engender.     30.  Common questions of law and fact exist as to the New York Class that predominate  over any questions only affecting Plaintiff and/or each member of the New York Class individually  and include, but are not limited to, the following:   (a) whether Defendant compensated Plaintiff and the New York  Class on a timely basis; and  (b) whether Defendant failed to furnish Plaintiff and the New York  Class with an accurate statement of wages, as required by the  31.  Consistent with their policies and patterns or practices as described herein,  Defendant harmed Plaintiff, individually, as follows:  Donald Clemons   32.  Clemons was employed by Enterprise as part-time driver from in or around 2001  through March 2020.    33.  During his employment, Clemons was based out of Defendant’s location at JFK but  transported cars for Defendant throughout the tri-state area.    34.  During his employment, over twenty-five percent of Clemons’ duties were physical  tasks, including but not limited to: (1) transporting vehicles; and (2) cleaning vehicles.    35.  Despite regularly spending more than twenty-five percent of his shift performing  these physical tasks, Clemons has been compensated by Defendant on a bi-weekly basis.    36.  In this regard, Defendant failed to pay Clemons his wages earned timely as required  by NYLL § 191(1)(a).   37.  Throughout his employment, Defendant failed to provide Clemons with accurate  wage statements as required by the NYLL.  38.  Plaintiff realleges and incorporates by reference all allegations in all preceding  paragraphs.   39.  The timely payment of wages provisions NYLL § 191 and its supporting  regulations apply to Defendant and protect Plaintiff and the New York Class.   40.  Defendant failed to pay Plaintiff and the New York Class on a timely basis as  7  required by NYLL § 191(1)(a).    41.  Due to Defendant’s violations of the NYLL, Plaintiff and the New York Class are  entitled to recover from Defendant the amount of their untimely paid wages as liquidated damages,  reasonable attorneys’ fees and costs, and pre-judgment and post-judgment interest as provided for  by NYLL § 198.  42.  Plaintiff realleges and incorporates by reference all allegations in all preceding  paragraphs.   43.  Defendant failed to supply Plaintiff and the New York Class with an accurate  statement of wages with every payment of wages as required by NYLL, Article 6, § 195(3), listing:   dates of work covered by that payment of wages; name of employee; name of employer; address  and phone number of employer; rate or rates of pay and basis thereof, whether paid by the hour,  shift, day, week, salary, piece, commission, or other; gross wages; deductions; allowances, if any,  claimed as part of the minimum wage; hourly rate or rates of pay and overtime rate or rates of pay  if applicable; the number of hours worked per week, including overtime hours worked if  applicable; deductions; and net wages.   44.  Due to Defendant’s violations of NYLL § 195(3), Plaintiff and the New York Class are  entitled to statutory penalties of two hundred fifty dollars for each workday that Defendant failed to  provide them with accurate wage statements, or a total of five thousand dollars each, as well as  reasonable attorneys’ fees and costs as provided for by NYLL, Article 6, § 198.  New York Labor Law – Failure to Pay Timely Wages  (Brought on behalf of Plaintiff and the New York Class)   New York Labor Law – Failure to Provide Accurate Wage Statements  (Brought on behalf of Plaintiff and the New York Class)  