1.  Calling or otherwise communicating with clients or prospective  clients;   12.  There are questions of law and fact common to Class, including the following:  A.  Whether Defendants in following their policies and procedures required   Plaintiff and Class members to engage in the following work activities   without being paid or properly being paid overtime for said work    activities:   13.  The claims of Plaintiff are typical of the Class he seeks to represent.  Moreover,  the questions of law and fact common to the members of the class predominate over any  questions affecting only individual members, as all Class Members are current or former  employees who were not properly paid (or not paid earned overtime) for the work activities  described in paragraph 12A.   14.  Plaintiff will fairly and adequately protect the interests of the Class.  The interests  of the named plaintiff are consistent with, and not antagonistic to, those of the Class.   16.  A class action is superior to other available methods for the fair and efficient  adjudication of this controversy and is consistent with the legislative history and objectives of the  2.  Calling or otherwise communicating with prospective employees  to match them with clients;   20.  Aerotek and Allegis employ recruiters in hundreds of offices throughout the  country.  Across the United States, at any given time, there are approximately 4,000 to 5,000  recruiters working for Aerotek and Allegis.   21.  Aerotek and Allegis have multiple offices in Wisconsin, which also employ  Recruiter Trainees and Post-Training Recruiters.  At any given time, there are over 100 recruiters  working for Aerotek and Allegis in Wisconsin.   22.  As a staffing agency / recruiting firm, Aerotek and Allegis is paid by employers in  multiple fields of employment, which Aerotek and Allegis divide into teams.  Examples of teams  of recruiters include the engineering team, the scientific team, the commercial team and the  energy team.   23.  Aerotek and Allegis contract with employers (clients) to find prospective  employees in given fields.  When Aerotek and Allegis successfully match a prospective  employee with an employer, Aerotek and Allegis receive a fee.   24.  Recruiters are the employees who do the actual communicating with prospective  employees in order to begin and complete the match.  A significant portion of a recruiter’s work  consists of reading off a script.  Recruiters have limited contact with the clients.   25.  Recruiters work under the direct supervision of an account manager.  Recruiters  do not manage the business, nor do they manage a particular functional area of the business.   Recruiters apply established procedures and do the actual work of the business.   27.  Recruiters are also expected to meet with clients face-to-face from time to time  along with their supervisors, who are Account Managers.  Typically, those meetings take place  over lunch.   28.  Recruiters were expected to meet face-to-face with prospective employees,  current contractors and Aerotek management as needed and directed.   29.  Every recruiter must complete a training period.  Recruiter Trainees are  characterized as “non-exempt” under the FLSA (and Wisconsin law) by Aerotek and Allegis.   The training period is typically 13 weeks long.   3.  Meeting with coworkers and supervisors; and   30.  Commencing with the third week of training, the Recruiter Trainees would  become Post-Training Recruiters.  Recruiter Trainees spent their days communicating with and  receiving communication from prospective employees and clients.   31.  Aerotek and Allegis required Recruiter Trainees to record the time they worked  on timesheets.   32.  The typical day for a Recruiter Trainee would commence with a 7:30 a.m. in- person meeting with management.  At that meeting, Recruiter Trainees would receive a list of  contacts to make throughout the day.   34.  Each working day, at approximately 5:30 p.m., Aerotek and Allegis required all  Recruiter Trainees to attend a meeting to assess what work needed to be completed for the day.   Recruiter Trainees were required to work an additional 30 to 60 minutes per day to complete  their work following this meeting.   35.  Aerotek and Allegis required Recruiter Trainees to work more than 40 hours per  week, but they also instructed Recruiter Trainees not to  record more than 40 hours per week on  their timesheets.     36.  Aerotek and Allegis management knew that Recuiter Trainees were working in  excess of 40 hours per week and receiving no compensation for the time worked in excess of 40  hours per week.   37.  It was Aerotek and Allegis’ policy and practice that Recruiter Trainees work in  excess of 40 hours per week without receiving compensation for the time worked in excess of 40  hours per week.   38.  The work performed by Recruiter Trainees was an integral and indispensable part  of their employment with Aerotek and Allegis and was pursued necessarily and primarily for  Aerotek and Allegis’ benefit.   39.  If a Recruiter Trainee successfully completed the training period, Aerotek and  Allegis characterized the Post-Training Recruiter as “exempt” under the FLSA (and Wisconsin  law).   41.  The actual day-to-day duties of Post-Training Recruiters were the same as the  duties performed by Recruiter Trainees, except that Post-Training Recruiters were required to  work longer hours and to take and make calls over the weekend.  Post-Training Recruiters  typically worked 60 hours per week.   42.  Post-Training Recruiters lack the authority to formulate, affect or implement  management policies or operating practices.   43.  Post-Training Recruiters do not have the authority to commit the employer in  matters that have significant financial impact.   44.  Post-Training Recruiters do not have the authority to waive or deviate from  established policies and procedures without prior approval.   45.  Aerotek and Allegis knew that they misclassified the Post-Training Recruiters as  exempt under the FLSA and Wisconsin law.  It knew that Post-Training Recruiters were working  in excess of 40 hours per week.  It intentionally failed to pay Post-Training Recruiters time-and- a-half for work performed in excess of 40 hours per week.   46.  The work performed by Post-Training Recruiters was an integral and  indispensable part of their employment with Aerotek and Allegis and was pursued necessarily  and primarily for Aerotek and Allegis’ benefit.   47.  Drake began his employment with Aerotek and Allegis in January, 2012.  He was  hired as a Recruiter Trainee.   49.  After about two weeks into the training period, Drake attended every 7:30 a.m.  meeting and every 5:30 p.m. meeting on the days he worked.  He worked until 6:00 p.m. or 6:30  p.m. on a daily basis.   50.  When not on call, Drake recorded an unpaid hour of lunch when in fact he worked  over his lunch hour, with one exception.   51.  During his training period, Drake worked about 45 to 55 hours per week, but  never received overtime pay for the five to fifteen hours of overtime he worked (with one minor  exception described below).  In fact, he did not receive any pay for the time he worked in excess  of 40 hours during his training period.   52.  During one week of his training period, Drake recorded two hours of overtime  worked.  While Aerotek and Allegis paid him time-and-a-half for those two hours of work,  Aerotek and Allegis management admonished him  never to record overtime hours again.   53.  During Drake’s training period, Aerotek and Allegis knowingly and intentionally  failed to pay him for the time he worked in excess of 40 hours, with the exception of two hours,  as noted above.   54.  Drake passed the training period and began working as a Post-Training Recruiter.   During his tenure as a Post-Training Recruiter, he worked between 50 and 60 hours per week.   55.  As a Post-Training Recruiter, Drake lacked the authority to formulate, affect or  implement management policies or operating practices.   56.  As a Post-Training Recruiter, Drake did not have the authority to commit the  employer in matters that had significant financial impact.   58.  As a Post-Training Recruiter, Drake did not have the authority to waive or deviate  from established policies and procedures without prior approval.   59.  During Drake’s tenure as a Post-Training Recruiter, Aerotek and Allegis  knowingly and intentionally failed to pay him time-and-a-half for hours worked in excess of 40  per week.   60.  It was Aerotek and Allegis’ policy and practice that Post-Training Recruiters be  misclassified as exempt and that Aerotek and Allegis not pay Post-Training Recruiters time-and- a-half for work performed in excess of 40 hours per week.   61.  Plaintiff and Class Members were unaware of their rights under the FLSA and  state law until prior to filing of this lawsuit.  62.  Plaintiff re-alleges and incorporates the preceding paragraphs of this Complaint as  if fully set forth herein.   63.  During the three years preceding this action, or since commencement of  employment (whichever is applicable), Aerotek and Allegis have failed to pay Plaintiff and the  Recruiter Trainee Class Members for time worked in excess of 40 hours in a single week during  the training period, as required by 29 U.S.C. sec. 207(a) and (g).   65.  Plaintiff re-alleges and incorporates the preceding paragraphs of this Complaint as  if fully set forth herein.   66.  During the three years preceding this action, or since commencement of  employment (whichever is applicable), Aerotek and Allegis have failed to pay Plaintiff and the  Post-Training Recruiter Class Members time-and-a-half for time worked in excess of 40 hours in  a single week, as required by 29 U.S.C. sec. 207(a) and (g).   67.  Aerotek and Allegis’s violation of 29 U.S.C. sec. 207(a) and (g) is “willful”  within the meaning of 28 U.S.C. sec. 255(a).  68.  Plaintiff re-alleges and incorporates the preceding paragraphs of this Complaint as  if fully set forth herein.   69.  Aerotek and Allegis have failed to keep and preserve accurate records of hours  worked by Plaintiff and the Class Members, as well as other required records, in violation of 29  U.S.C. secs. 211(c) and 211(a)(5), by failing to record time spent by Plaintiff and the Class  Members in the activities described in the above paragraphs.  71.  The time Plaintiff and the members of the Recruiter Trainee Subclass spent  engaged in the activities described in the above paragraphs is compensable under Wis. Admin.  Code sec. DWD 272.12.   72.  Aerotek and Allegis have failed to properly pay Plaintiff and the Recruiter  Trainee Subclass Members their wages earned pursuant to Wis. Stats. Sec’s. 104.02 and 109.03,  and Wis. Admin. Code sec. DWD 272.03 by not paying them for the time spent engaged in the  activities described in the above paragraphs.  73.  Plaintiff re-alleges and incorporates the preceding paragraphs of this Complaint as  if fully set forth herein.   74.  The time Plaintiff and the Wisconsin Class members spent engaged in the  activities described in the above paragraphs is compensable under Wis. Admin. Code sec. DWD  272.12.   75.  Aerotek and Allegis have failed to pay Plaintiff and the Wisconsin Class  Members at the rate of one-and-one-half times their regular hourly rate of pay for all hours  worked in excess of 40 hours in a single week, as required by Wis. Stats. Sec’s. 104.02 and  109.03, and Wis. Admin. Code sec. DWD 272.03.  76.  Plaintiff re-alleges and incorporates the preceding paragraphs of this Complaint as  if fully set forth herein.   78.  Aerotek and Allegis did not pay Plaintiff and the Wisconsin Class Members for  the on-duty meal period described in the foregoing paragraph, in violation of Wisconsin law.  79.  Plaintiff re-alleges and incorporates the preceding paragraphs of this Complaint as  if fully set forth herein.   80.  Aerotek and Allegis have violated Wis. Stats. Sec’s. 104.02, 109.03 and Wis.  Admin. Code sec’s. DWD 272.10, 272.11 and 274.06 by failing to keep and preserve accurate  records of hours worked by Plaintiff and the Wisconsin Class Members, as well as other required  records, by failing to record time spent by Plaintiff and the Class Members in the activities  described in the above paragraphs.  FAILURE TO PAY OVERTIME COMPENSATION   DURING THE TRAINING PERIOD.    FAILURE TO PAY OVERTIME COMPENSATION   DURING THE POST-TRAINING PERIOD.   FAILURE TO PAY WAGES.   FAILURE TO MAINTAIN RECORDS.   FAILURE TO PAY FOR OVERTIME.  