26.  3-D is an oilfield services company.    27.  To provide services for its client, 3-D hires personnel to perform the necessary work.    28.  Over the past three years, 3-D employed dozens of individuals, including Hembree,  the Day Rate Workers, the New Mexico Workers to provide these services for its clients.     29.  While exact job titles and job duties may differ, these oilfield workers are subjected to  the same illegal pay practice for similar work.    30.  Specifically, 3-D paid these workers a flat sum for each day worked, regardless of the  number of hours that they worked that day (or in that workweek) and failed to pay them overtime for  hours worked in excess of 40 hours in a workweek.   31.  For example, 3-D employed Hembree as a Test Operator.    32.  Throughout this time, 3-D paid Hembree on a day rate basis.   33.  As a Test Operator, Hembree’s primary job duties included rigging up “frac stacks,”  rigging up wireline lubricators, and testing this equipment in order to ensure that they maintained the  capacity to hold the necessary pressure to operate properly.    34.  Hembree regularly worked well in excess of 40 hours while employed by 3-D.   35.  The work Hembree performed was an essential part of 3-D’s core business.   36.  For the purposes of an FLSA overtime claim, the Day Rate Workers performed  substantially similar job duties related to the servicing of the oil and gas operations of 3-D’s clients in  the field.  5   37.  The Day Rate Workers also worked similar hours and were denied overtime as a result  of the same illegal pay practice.    38.  The Day Rate Workers all worked in excess of 40 hours each week and were often  scheduled for daily 12-hour shifts for weeks at a time.    39.  Instead of paying them overtime, 3-D paid the Day Rate Workers a day rate.   40.  3-D denied the Day Rate Workers overtime for any hours worked in excess of 40  hours in a single workweek.    41.  3-D’s policy of failing to pay its workers, including Hembree, overtime violates the  FLSA because these workers are entitled to overtime pay at one-and-one-half times their regular rates.   42.  It is undisputed that the contractors are maintaining and working with oilfield  machinery, performing manual labor, and working long hours out in the field.    43.  Despite knowing the FLSA and NMMWA’s requirements, 3-D failed to pay Hembree,  the Day Rate Workers, and the New Mexico Workers overtime for hours worked in excess of 40  hours in a single workweek.  59.  Hembree incorporates all previous paragraphs and alleges that the illegal pay practices  3-D imposed on them were likewise imposed on the members of the class.    60.  Numerous individuals were victimized by this pattern, practice, and policy which is in  willful violation of the FLSA and the NMMWA.   61.  Dozens of other individuals who worked with Hembree indicated they were paid in  the same manner, performed similar oilfield services work, and were not properly compensated for all  hours worked as required by state and federal wage laws.    62.  3-D employed dozens of Day Rate Workers in New Mexico and Texas, and also  employed dozens of New Mexico Workers in New Mexico. As a result, joinder of their individual  claims is impracticable, and a class and collective action serves the interests of judicial economy.   63.  Based on his experiences and tenure with 3-D, Hembree is aware that 3-D’s illegal  practices were imposed on other Day Rate Workers and New Mexico Workers.     64.  The Day Rate Workers and the New Mexico Workers were all denied overtime  compensation when they worked in excess of forty 40 hours per week.   65.  3-D is an “employer” of Hembree, the Day Rate Workers, and the New Mexico  Workers.    66.  3-D’s failure to pay wages and overtime compensation at the rates required by state  and/or federal law result from generally applicable, systematic policies, and practices which are not  dependent on the personal circumstances of the Day Rate Workers or the New Mexico Workers.    8   67.  Hembree’s experiences are therefore typical of the experiences of the Day Rate  Workers and the New Mexico Workers.    68.  The specific job titles or precise job locations of the Day Rate Workers and the New  Mexico Workers do not prevent class or collective treatment.    69.  Hembree has no interests contrary to, or in conflict with, the Day Rate Workers or the  New Mexico Workers.    70.  Hembree has an interest in obtaining the unpaid overtime wages owed under state  and/or federal law just like the Day Rate Workers and the New Mexico Workers.   71.  A class and collective action, such as the instant one, is superior to other available  means for fair and efficient adjudication of the lawsuit.    72.  Absent this action, many Day Rate Workers and New Mexico Workers likely will not  obtain redress of their injuries and 3-D will reap the unjust benefits of violating the FLSA and the 