10.  Plaintiff and similarly situated employees worked "off-the-clock" outside their regularly  scheduled hours during the Violation Period without receiving compensation for such  "off-the-clock" work, as required by the FLSA.   13.  The net effect of Defendant's plan, policy and practice of not paying Plaintiff and class  members for such "off-the-clock" work, including not compensating Plaintiff and class  members for all such related overtime work, was a scheme to save payroll costs and  payroll taxes for which it has enjoyed ill gained profits at the expense of Plaintiff and  other members of the class.   14.  Considering Plaintiff and class members worked forty or more hours during weekly pay  periods of the Violation Period for Defendant, had Plaintiff and class members properly  been compensated for all "off-the-clock" work, such work time would have been added to  their pay and treated as overtime compensation under the FLSA.  Defendant Failed to Keep Accurate Time Records   15.  Defendant failed to accurately record actual hours worked by its Covered Employees as  required by the FLSA, 29 C.F.R. §516.2(a)(7).   16.  Instead of accurately recording all time worked by Plaintiff and those similarly situated,  Defendant willfully required, induced, forced, encouraged, expected and/or, suffered or  permitted, its Covered Employees to perform tasks and work additional time in excess of  forty (40) hours per week during weekly pay periods of the Violation Period, for which  all such hours were not recorded.   17.  Defendant knew, and was aware at all times, that it was not recording all of its Covered  Employees' work hours.   19.  During all times material, Defendant had a common plan, policy and practice of not  compensating Plaintiff and class members for all hour worked, including overtime hours  at the required FLSA overtime rate, all in violation of the provisions of the FLSA, 29  U.S.C. § 207(a)(l). As a result of Defendant's unlawful practices, it benefited from  reduced labor and payroll costs.   20.  Specifically, Defendant had a common plan, policy and practice of failing and refusing to  compensate Plaintiff and class members for all hours spent in "donning and doffing"  personal protective equipment and, "showering" (including overtime compensation for all  such hours over 40 within weekly pay periods at the required overtime rate at all times  material), all in violation of the FLSA, 29 U.S.C. § 207(a)(l ). As a result of Defendant's  unlawful practices, it benefited from reduced labor and payroll costs.   21.  During all times material, Defendant also had a common plan, policy and practice of  failing to compensate Plaintiff and members of the class for its unequal "rounding off' of  their punch-in and punch-out times (to its advantage), including overtime compensation  for all such time over 40 hours within weekly pay periods at the required overtime rate,  all in violation of the FLSA, 29 U.S.C. § 207(a)(l). As a result of Defendant's unlawful  practices, it benefited from reduced labor and payroll costs.   23.  Plaintiffs and class members' "off-the-clock" claims (including "donning and doffing",  "showering" and "rounding off" claims) are unified by a common theory of Defendant's  FLSA violations.   24.  As a result of Defendant's improper and willful failure to pay Plaintiff and those similarly  situated in accordance with the requirements of the FLSA, they have suffered lost wages,  overtime compensation and other damages, for which they are entitled to recover from  Defendant.  25.  Plaintiff brings this case as a collective action on behalf of herself, individually, and on  behalf of herself and others similarly situated pursuant to 29 U.S.C. § 216(b) to recover  unpaid wages, unpaid overtime compensation, liquidated damages, unlawfully withheld  wages, statutory penalties, attorneys' fees and costs, and other damages owed.   27.  This action is properly maintained as a collective action because Plaintiff is similarly  situated to the members of the collective class with respect to Defendant's  aforementioned compensation and work-related plans, policies and practices.   28.  Plaintiff and the collective class have been subjected to Defendant's aforementioned  common plans, policies and practices of requiring, inducing, forcing, encouraging,  expecting and/or, suffering or permitting, its management and supervisory personnel to  work Plaintiff and class members "off the clock" (including "donning and doffing",  "showering" and "rounding off' time) in order to stay within or below its budgeted labor  hours, all in violation of the FLSA.   29.  Defendant required, induced, forced, encouraged, expected and/or, suffered and  permitted, Plaintiff and the collective class to work hours during weekly pay periods of  the Violation Period without full compensation and, to work more than forty ( 40) hours  per week during weekly pay periods of the Violation Period, without being paid overtime  compensation, in violation of 29 U.S.C. § 207(a)(l) and 29 C.F.R. § 778.315.   31.  Defendant's conduct, as alleged herein, was willful, without good faith, and has caused  significant damage to Plaintiff and the collective class.   32.  Defendant is liable under the FLSA for failing to properly compensate Plaintiff and the  collective class for all previously described "off-the-clock" hours   33.  Plaintiff therefore requests this Court to authorize notice to the members of the collective  class to inform them of the pendency of this action and their right to "opt-in" to this  lawsuit pursuant to 29 U.S.C. § 216(b), for the purpose of seeking unpaid overtime  compensation, liquidated damages under the FLSA, and the other relief requested herein.   34.  Plaintiff estimates there are several thousand members of the collective class. The precise  number of collective class members can be easily ascertained by using Defendant's  payroll and personnel records. Given the composition and size of the class, members of  the collective class may be informed of the pendency of this action directly via U.S. mail,  e-mail and by posting notice in Defendant's production and manufacturing plants  nationwide.  36.  Plaintiff and other class members are similarly situated individuals within the meaning of  the FLSA, 29 U.S.C. § 216(b).   37.  Section 207(a)(l) of the FLSA states that an employee must be paid overtime, equal to at  least 1.5 times the employee's regular rate of pay, for all hours worked in excess of forty  ( 40) hours per week. Pursuant to 29 C.F .R. § 778.315, compensation for hours worked in  excess of forty ( 40) hours per week may not be considered paid to an employee unless  that employee is compensated for all such overtime hours worked.   38.  Plaintiff and other Covered Employees regularly performed work duties during weekly  pay periods of the Violation Period but were not paid for all hours worked and were not  paid overtime wages for all overtime work -- all in violation of the FLSA.   39.  Through its actions and common plans, policies and practices, as aforementioned,  Defendant has violated the FLSA by regularly and repeatedly failing to compensate  Plaintiff and similarly situated individuals for all actual hours worked, including for  overtime hours worked.   40.  Defendant's actions were willful and not in good faith.   41.  Defendant has had actual as well as constructive knowledge of its aforementioned "off- the-clock" FLSA violations.   43.  As a direct and proximate cause of Defendant's unlawful conduct, Plaintiff and similarly  situated employees have suffered and will continue to suffer a loss of income and other  damages.   44.  Defendant is liable to Plaintiff and other members of the class for actual damages,  liquidated damages and equitable relief, pursuant to 29 U.S.C. § 216(b), as well as  reasonable attorneys' fees, costs and expenses.  7.  Plaintiff is a former hourly-paid PPE equipped production and manufacturing employee  or, similarly-titled employee  (hereinafter "Covered Employees") of Defendant who  performed job duties at one or more of Defendant's production/manufacturing facilities in  West Memphis, Arkansas, during the Violation Period.   8.  Defendant classified all its Covered Employees as non-exempt under the FLSA and paid  them an hourly rate of pay. Plaintiff was subjected to the same FLSA violations, as  described hereinafter, as other hourly-paid PPE equipped production and manufacturing  employees of Defendant.   9.  Plaintiff and others similarly situated routinely were scheduled by Defendant to work at  least forty ( 40) hours per week, but at times worked additional hours, including overtime  hours in excess of forty ( 40) hours per week.  Covered Employees Worked "Off-The-Clock"   VIOLATION OF THE FAIR LABOR STANDARDS ACT  