18. Plaintiffs hereby incorporate the allegations set forth above.  19. While employed by Defendant, Plaintiff Sanchez performed work as an hourly meat processing employee at Defendant’s Arkansas City meat processing facility.  20. While employed by Defendant, Plaintiff Posadas performed work as an hourly meat processing employee at Defendant’s Arkansas City meat processing facility.  21. During the Plaintiffs’ employment with the Defendant, the Defendant employed numerous other individuals who had similar job duties as hourly meat processing employees with a similar compensation structure as the Plaintiffs. Said other hourly meat processing employees also worked at Defendant’s Arkansas City, Kansas location (the putative collective and class action plaintiffs).  22. Plaintiffs bring their FLSA claims as a collective action pursuant to Section 16(b) of the FLSA, 29 U.S.C. § 216(b), on behalf of all persons who were, are, or will be employed by the Defendant as hourly meat processing employees within three years from the commencement of this action who have not been compensated for all straight time and overtime premiums for all hours for which they suffered or were permitted to work.  23. Plaintiffs bring their FLSA claims as an “opt-in” collective action pursuant to Section 16 of the FLSA, 29 U.S.C. § 216(b), on behalf of themselves and on behalf of all similarly situated putative plaintiffs of the collective action.  24. Plaintiffs and the putative plaintiffs are similarly situated in that they have been subjected to Defendant’s common practices or policies of refusing to pay straight time and overtime for all hours worked in violation of the FLSA.  26. At all times relevant herein, Defendant has had gross operating revenues in excess of $500,000.00 (Five Hundred Thousand Dollars) annually.  27. The FLSA requires each covered employer to compensate all employees for all hours suffered or permitted to work and to pay overtime premiums at a rate of not less than one and one-half the regular rate of pay for work performed in excess of forty hours in a workweek.  28. At all relevant times, Defendant has had a policy and practice of paying hourly meat processing employees based on a principle of “gang time.” Pursuant to Defendant’s gang time compensation system, hourly meat processing employees were typically paid only for the time that their respectively assigned meat processing production lines were running, along with pay for an additional ten minutes per day for “dress time.”  29. Defendant’s gang time policies have resulted in a substantial difference between the amount of time for which Defendant’s hourly meat processing employees were compensated and the amount of their compensable time as required by law, resulting in Defendant’s failure to pay hourly meat processing employees for all compensable time, including the failure to pay overtime as required by the FLSA.  30. More generally, the Defendant has failed to compensate Plaintiffs and all other similarly situated employees for all hours worked, and therefore, Defendant has violated, and continues to violate, the FLSA, 29 U.S.C. § 201, et seq.  32. Plaintiffs, on behalf of themselves and all similarly situated employees of Defendant, seek damages in the amount of all respective unpaid straight time with overtime compensation at a rate of one and one-half times the regular rate of pay for work performed in excess of forty hours in a work week, plus liquidated damages, as provided by the FLSA, 29 U.S.C. § 216(b), and such other legal and equitable relief as the Court deems just and proper.  34. Plaintiffs hereby incorporate the allegations set forth above.  35. The Plaintiffs bring their claims for Defendant’s violations of the KWPA as a class action pursuant to Fed. Rule Civ. P. 23 on behalf of themselves and as representatives of the following class: All current and former hourly meat processing employees of Defendant who worked at Defendant’s Arkansas City facility in the past three years and who were subject to Defendant’s “gang time” and other policies and practices resulting in Defendant’s failure to compensate them for all of their compensable time.  36. At all relevant times, Defendant has been an “employer” within the meaning of the KWPA, K.S.A. § 44-313(a).  37. At all relevant times, Defendant has employed, and continues to employ, “employees,” within the meaning of the KWPA § 44-313(b), including the Plaintiffs and all others similarly situated.  38. The Plaintiffs, on behalf of themselves and all others similarly situated, bring a claim for Defendant’s violation of the KWPA, K.S.A. § 44-312 et seq.  40. For purposes of the KWPA, such wages were due pursuant to the respective agreements between Defendant and its hourly meat processing employees to pay each of them an hourly wage for their work. In the alternative, such wages were due pursuant to the FLSA and its implementing regulations by the United States Department of Labor.  41. Such failure to pay Plaintiffs, and all others similarly situated, their wages due has constituted a willful violation of the KWPA, K.S.A. 44-314(b), because such failure to pay wages due benefited Defendant and caused a direct detriment to the Plaintiffs, and all others similarly situated.  45. Plaintiffs hereby incorporate the allegations set forth above.  46. In the alternative to Court II above, Plaintiffs hereby assert a claim for quantum meruit on behalf of themselves and as representatives of the following class: All current and former hourly meat processing employees of Defendant who worked at Defendant’s Arkansas City facility in the past three years and who were subject to Defendant’s “gang time” and other policies and practices resulting in Defendant’s failure to compensate them for all of their time spent for the benefit of Defendant.  47. Plaintiffs and members of the proposed class conferred a benefit upon Defendant by performing work and spending time for Defendant’s benefit without receiving just compensation in return.  49. Defendant accepted and retained the benefit of Plaintiffs and members of the proposed class performing work and spending time for Defendant’s benefit without receiving just compensation in return so that it is inequitable for Defendant to retain such benefit without payment of the value thereof.  FLSA Claims  KWPA Claims  Quantum Meruit 