49.   Plaintiff reasserts and re-alleges the allegations set forth above.    50.   At all relevant times herein, Plaintiff and all other similarly situated Delivery  Drivers have been entitled to the rights, protections, and benefits provided under the FLSA, 29  U.S.C. §§ 201, et seq.    51.   Section 13 of the FLSA, 29 U.S.C. § 213, exempts certain categories of  employees from federal minimum wage obligations, but none of the FLSA exemptions apply to  Plaintiff or other similarly situated Delivery Drivers.    53.   Defendant is subject to the FLSA’s minimum wage requirements because it is an  enterprise engaged in interstate commerce, and its employees are engaged in commerce.    54.   Under Section 6(a) of the FLSA, 29 U.S.C. § 206(a), employees have been  entitled to be compensated at a rate of at least $7.25 per hour since July 24, 2009. Id.    55.   As alleged herein, Defendant has reimbursed Delivery Drivers less than the  reasonably approximate amount of their automobile expenses to such an extent that it diminishes  these employees’ wages beneath the federal minimum wage.    56.   Defendant knew or should have known that its pay and reimbursement policies,  practices and methodology result in failure to compensate Delivery Drivers at the federal  minimum wage.    57.   Defendant, pursuant to its policy and practice, violated the FLSA by refusing and  failing to pay federal minimum wage to Plaintiff and other similarly situated employees.    58.   Plaintiff and all similarly situated Delivery Drivers are victims of a uniform and  employer-based compensation and reimbursement policy. This uniform policy, in violation of  the FLSA, has been applied, and continues to be applied, to all Delivery Driver employees in  Defendant’s stores.    59.   Plaintiff and all similarly situated employees are entitled to damages equal to the  minimum wage minus actual wages received after deducting reasonably approximated  automobile expenses within three years from the date each Plaintiff joins this case, plus periods  of equitable tolling, because Defendant acted willfully and knew, or showed reckless disregard  for, whether its conduct was unlawful.    61.   As a result of the aforesaid willful violations of the FLSA’s minimum wage  provisions, minimum wage compensation has been unlawfully withheld by Defendant from  Plaintiff and all similarly situated employees. Accordingly, Defendant is liable under 29 U.S.C. §  216(b), together with an additional amount as liquidated damages, pre-judgment and post- judgment interest, reasonable attorneys’ fees, and costs of this action.   WHEREFORE, Plaintiff and all similarly situated Delivery Drivers demand judgment  against Defendant and request: (1) compensatory damages; (2) liquidated damages; (3)  attorneys’ fees and costs as allowed by Section 16(b) of the FLSA; (4) pre-judgment and post- judgment interest as provided by law; and (5) such other relief as the Court deems fair and  equitable.   62.   Plaintiff reasserts and re-alleges the allegations set forth above.    63.   The NCWHA states that every employer shall pay every employee all wages   accruing to the employee on the regular payday.  See N.C. Gen. Stat. 95-25.6.   64.   By its policy of failing to fully reimburse delivery drivers for their delivery- related expenses, which constitute de facto deductions from pay, Defendant has failed to pay all  wages due to its delivery drivers by their regular payday.   66.   Plaintiff and the Class are entitled to their unpaid wages and unlawful deductions,  liquidated damages in an amount equal to their unpaid wages and unlawful deductions, and  interest for the two years preceding the filing of the complaint in this matter.   67.   Plaintiff and the Class are further entitled to recover their attorney’s fees and  costs.  WHEREFORE, the Plaintiff and the Class demand judgment against Defendant and pray  for: (1) compensatory damages; (2) liquidated damages;(3) costs of litigation and attorney’s fees  as provided by law; (4) pre-judgment and post-judgment interest as provided by law; and (5)  such other relief as the Court deems fair and equitable.  68.   Plaintiff reasserts and re-alleges the allegations set forth above.    69.   The NCWHA states that an employer is permitted to withhold a portion of an  employee’s wages provided that the employer has written authorization from the employee  which is signed on or before the payday for the pay periods for which the deduction is made;  indicates the reason for the deduction; and states the actual dollar amount of wages which shall  be deducted from one or more paychecks. See N.C. Gen. Stat. 95-25.8(a)(2).   70.   Defendant has not obtained written authorization from Plaintiff or Class to  withhold a portion of their wages to cover their delivery-related expenses, which constitute de  facto deductions from pay.   71.   Defendant did not act in good faith when it violated the NCWHA.  