10.  The putative class is so numerous that joinder of all members is impracticable.  The  size of the putative class is believed to be in excess of 40 individuals.  In addition, the names of  all potential members of the putative class are not known.   11.  Questions of law and fact common to the putative class predominate over any  questions affecting only individual members. These questions of law and fact include, but are not  limited to: (1) whether Denville entered into contracts that required the payment of prevailing  wages and supplemental benefits to Named Plaintiff and members of the putative class; (2)  whether Denville had a statutory and/or contractual requirement to pay prevailing wages and  supplemental benefits for the work performed on  Projects; and (3) whether Denville paid the  Named Plaintiff and members of the putative class at the proper prevailing wage and benefit rate  for all hours worked and under the correct trade designation.    12.  The claims of the Named Plaintiff are typical of the claims of the putative class  members. The Named Plaintiff, like all members of the putative class, worked on the Projects and  was subject to Defendant’s policies and willful practice of refusing to pay employees prevailing  wages and supplemental benefits. The Named Plaintiff and putative class members have thus  sustained similar injuries as a result of the Defendant’s actions   13.  Named Plaintiff and his counsel will fairly and adequately protect the interests of  the putative class. Named Plaintiff has retained counsel experienced in complex wage and hour  class action litigation, and in particular litigation relating to unpaid prevailing wages and  supplemental benefits.   15.  Upon information and believe, since at least January 2012, Denville has been a  party to various contracts with prime contractors or with various state, county and municipal  entities to perform installation or application of paint, epoxy, thermoplastic, polyurea, installation  of tape, pavement reflectors, lens replacement and similar tasks at the sites of the Projects (the  “Contracts”).   16.  Upon information and belief, the Contracts that govern the Projects located in New  York and New Jersey each contain a provision that requires Denville to pay workers employed on  the Projects an hourly rate of prevailing wages and supplemental benefits set by the Comptroller  of the City of New York, the New York State Department of Labor, the U.S. Department of Labor  or the New Jersey Department of Labor depending on the worker’s trade designation and the  location of the Project.    17.  Upon information and belief, a schedule of the prevailing rates of wages and  supplemental benefits were annexed to, or incorporated by reference, in each of the Contracts  governing the Projects.     18.  This promise to pay and ensure payment of the prevailing wage and supplemental  benefit rates in the Contracts was made for the benefit of all workers furnishing labor on the  Projects and, as such, the workers furnishing labor on the sites of the Projects are the beneficiaries  of that promise.   20.  The “prevailing rate of wage” and “supplemental benefit” is the rate of wage and  benefit paid in the locality by virtue of collective bargaining agreements between bona fide labor  organizations and employers of the private sector. See New Jersey Statute §§ 34:11-56.27; 34:11-  21.  Upon information and belief, a schedule of prevailing rates of wages and  supplemental benefits to be paid to all workers furnishing labor on each of the New Jersey Projects  was annexed to and formed a part of the New Jersey Contracts.   22.  Upon information and belief, the New Jersey Contracts further required Denville  to oversee the performance of the work, and to ensure that workers employed at the New Jersey  Projects were paid prevailing wage and supplemental benefits.   23.  New York State Labor Law § 220 provides that the wages to be paid to laborers,  workmen and mechanics upon public work shall not be less than the “prevailing rate of wages.”   24.  The “prevailing rate of wage” is the rate of wage paid in the locality by virtue of  collective bargaining agreements between bona fide labor organizations and employers of the  private sectors. See New York Labor Law § 220.   26.  Upon information and belief, under the Contracts, the prevailing wage and  supplemental benefit rate for non-overtime or premium hours worked was in excess of $50 to $80  per hour depending on the type of work performed, the location of the work performed, and the  year it was performed.    27.  The Named Plaintiff and members of the putative class performed various types of  construction work at the sites of the Projects for Denville.      28.  Named Plaintiff Stubits was employed by Denville between June 2011 and  November 2016.    29.  Named Plaintiff Stubits worked on various New York and New Jersey projects.    30.  During his employment, Named Plaintiff regularly worked no less than eight hours  per day on the Projects.     31.  Named Plaintiff was not paid the correct wage and/or supplemental benefit rate for  all hours worked on the Projects    32.  Additionally, when Named Plaintiff worked overtime on the Projects, he was not  paid the correct wage and/or supplemental benefit rate for all hours worked, including time worked  in excess of eight hours per day or forty hours per week (overtime) and/or work performed on  weekends, evenings, and holiday (premium wages).   33.  Named Plaintiff repeats and realleges the allegations set forth in the preceding  paragraphs.   35.  Those prevailing rates of wages and supplemental benefits were made a part of the  Contracts for the benefit of Named Plaintiff and the other members of the putative class.   36.  Defendant Denville breached the Contracts by willfully failing to pay and ensure  payment to Named Plaintiff and the other members of the putative class the prevailing rates of  wages and supplemental benefits at the proper trade classification rates for all labor performed  upon the Projects.   37.  By reason of its breach of each Contract, Defendant Denville is liable to Named  Plaintiff and the other members of the putative class in the amount to be determined at the trial,  plus interest, costs and attorneys’ fees.  38.  Named Plaintiff repeats and realleges the allegations set forth in the preceding  paragraphs.    39.  New Jersey Statute 34:11-56.40 concerning Wages on Public Work provides that  “if any workman is paid less than the prevailing wage to which such workman is entitled under  the provisions of this act such workman may recover in a civil action the full amount of such  prevailing wage less any amount actually paid to him or her by the employer, together with costs  and such reasonable attorney’s fees.”   41.  Due to its failure to pay prevailing wages and supplemental benefits, Defendant  Denville is liable to Named Plaintiff and the other members of the putative class in the amount to  be determined at the trial, plus interest, costs and attorneys’ fees.  WHEREFORE, Named Plaintiff and the members of the putative class demand judgment:  (1) on their first cause of action against Defendant Denville in an amount to be determined  at trial, plus interest, costs and attorneys’ fees;  (2) on their second cause of action against Defendant Denville in an amount to be  determined at trial, plus interest, costs and attorneys’ fees;  (3)   such other and further relief as to the Court may deem just and proper.  Dated: New York, New York  January 5, 2018  56.28.   7.  This action is properly maintainable as a class action pursuant to Rule 23 of the  Federal Rules of Civil Procedure.   8.  This action is brought on behalf of the Named Plaintiff and a class consisting of  every other person who performed paving, painting and construction-related work on Projects in  New York and New Jersey between January 2012 and the present.     AGAINST DENVILLE FOR   FAILURE TO PAY THE NEW JERSEY PREVAILING WAGE    AGAINST DEFENDANT DENVILLE --  BREACH OF THE CONTRACTS  