(Ohio Rule 23 Class - Violations of the Ohio Prompt Pay Act, R.C. 4113.15)   56.  Named Plaintiff brings this action on behalf of himself and all others similarly  situated as a collective action for unpaid wages and overtime under the FLSA, 29 U.S.C. §216(b).   57.  The collective class, or Opt-In Class, which Named Plaintiff seeks to represent is  composed of and defined as follows [“FLSA Collective Class”]:   All current or former Attorney Advisors or Case Managers employed by Special  Counsel, Inc. and  Innovative Emergency Management, Inc. during the past  three years.  9    58.  Named Plaintiff brings the Ohio Wage Act and OPPA claims pursuant to Federal  Rule of Civil Procedure 23 as a class action under Ohio law on behalf of the following class [“Ohio  Rule 23 Class”]:   All current or former Attorney Advisors or Case Managers employed by Special  Counsel, Inc. and  Innovative Emergency Management, Inc. during the past  three years who worked within the State of Ohio.   59.  The FLSA Collective Class and the Ohio Rule 23 Class, as defined above, are so  numerous that joinder of all members is impracticable.   60.  Named Plaintiff is a member of the FLSA Collective Class and the Ohio Rule 23  Class and his claims are typical of the claims of the members of the FLSA Collective Class and  the Ohio Rule 23 Class as defined; indeed, apart from the hourly rate and number of days worked  and the precise tasks in Defendant’s departments, Named Plaintiff and the FLSA Collective Class  and the Ohio Rule 23 Class are similarly situated in all material respects, including; the nature of  the tasks that are integral and indispensable to their principal work activity and the uniform policies  and practices of Defendant in not properly compensating for the time spent working.   61.  Named Plaintiff will fairly and adequately represent the FLSA Collective Class and  the Ohio Rule 23 Class and the interests of all members of the FLSA Collective Class and the Ohio  Rule 23 Class.   62.  Named Plaintiff has no interest that is antagonistic to or in conflict with those  interests that he has undertaken to represent on behalf of the FLSA Collective Class and the Ohio  Rule 23 Class as Class Representatives; instead, their interests perfectly coincide with those of  individuals similarly situated in all material respects.   63.  Named Plaintiff retained competent and experienced class action counsel who can  effectively represent the interests of the entire FLSA Collective Class and the Ohio Rule 23 Class.   64.  Questions of law and fact that are common to the FLSA Collective Class and the  Ohio Rule 23 Class predominate over any individual questions, specifically whether Defendants  violated the FLSA and/or the Ohio Wage Act by failing to pay the appropriate overtime rate at one  and one-half (1 ½) times the FLSA Collective Class’ and the Ohio Rule 23 Class’ regular rate for  hours worked in excess of forty (40) in a given workweek.  10    65.  In both the FLSA Collective Class and the Ohio Rule 23 Class there is a community  of interest among the class members in obtaining appropriate relief, damages, and compensation  for costs and fees incurred herein.   66.  A collective action for the federal overtime claim and a Rule 23 class action for the  Ohio overtime claim and OPPA claim are superior to other litigation methods (including individual  litigation) for the fair and efficient adjudication of Named Plaintiff’s and Putative Plaintiffs’ claims  as presented by this Complaint and will prevent undue financial, administrative, and procedural  burdens on the parties and the Court.     67.  Named Plaintiff and his counsel are not aware of any pending Ohio litigation on  behalf of the FLSA Collective Class and the Ohio Rule 23 Class, as defined herein, or individual  Class members related to these claims.     68.  Because the damages sustained by individual members of the Class are modest  compared to the substantial resources of Defendant and due to the costs of individual litigation, it  will be impracticable for Class members to pursue individual litigation against Defendant in order  to vindicate their rights, and individual actions would create the risk of inconsistent or varying  adjudications that would establish incompatible standards of conduct for Defendant with respect  to its employees.   69.  Named Plaintiff knows of no difficulty that will be encountered in the management  of this litigation that would preclude its maintenance as a FLSA Collective Class or a Rule 23  Class.    70.  All previous paragraphs are incorporated as though fully set forth herein.   71.  By not paying for all hours worked and for not paying one-and-one-half times the  regular hourly rate to Named Plaintiff and the putative FLSA Collection Class for hours worked  in excess of forty hours each week when the time spent performing tasks that are integral and  indispensable to their principal activity, Defendant has  violated the FLSA.  11    72.  In violating the FLSA, Defendant acted willfully and with reckless disregard of  clearly applicable FLSA provisions.  73.  All previous paragraphs are incorporated as though fully set forth herein.   74.  By not paying for all hours worked and for not paying one-and-one-half times the  regular hourly rate to Named Plaintiff and the Ohio Rule 23 Class for hours worked in excess of  forty hours each week when the time spent performing tasks that are integral and indispensable to  their principal activity, Defendant has violated the Ohio Wage Act.   75.  In violating the Ohio Wage Act and the OPPA, Defendants acted willfully and with  reckless disregard of clearly applicable Ohio Wage Act and OPPA provisions.  76.  All previous paragraphs are incorporated as though fully set forth herein.   77.  During all relevant times, Defendants have been an entity covered by the OPPA  and Named Plaintiff and the Putative Ohio Rule 23 Class Members have been employed by  Defendants within the meaning of the OPPA.   78.  The OPPA requires that the Defendants pay Named Plaintiff and the Putative Ohio  Rule 23 Class Members all wages, including unpaid overtime, on or before the first day of each  month, for wages earned by them during the first half of the preceding month ending with the  fifteenth day thereof, and on or before the fifteenth day of each month, for wages earned by them  during the last half of the preceding calendar month. R.C. § 4113.15(A).   79.  During all relevant times to this action, Named Plaintiff and the Putative Ohio Rule  23 Class Members were not paid all wages, including overtime wages at one and one-half times  their regular rates within thirty (30) days of performing the work.    80.  The wages of Named Plaintiff and the Putative Ohio Rule 23 Class Members  remain unpaid for more than thirty (30) days beyond their regularly scheduled payday.   81.  In violating the OPPA, Defendant acted willfully, without a good faith basis and  with reckless disregard of clearly applicable Ohio law.  12   FLSA Collective Action   Ohio Rule 23 Class Action  