10.  Plaintiffs bring this class action pursuant to Fed. R. Civ. P. 23(a) and (b)(3) on  behalf of the following class of Nurses (the “Class”):  All persons employed by Northern Manor as nurses from April 4, 2011 through  the date a judgment is entered in this action.    4   11.  Members of the Class are so numerous that joinder of all members would be  impracticable.  Plaintiff estimates that there are over 100 members of the Class.   12.  Questions of law and fact are common to all the members of the Class that  predominate over any questions affecting only individual members, including:  a.  Whether Defendant failed to pay Plaintiff and the Class for all hours  worked up to 40 per workweek;  b.  Whether Defendant failed to pay Plaintiff and the Class at overtime rates  for all hours worked over 40 per workweek;   c.  Whether Defendant’s conduct violated the NYLL;   d.  The amount by which Plaintiff and the Class were damaged; and  e.  Whether Plaintiffs and the Class are entitled to liquidated damages and/or  interest.    13.  The claims of Plaintiffs are typical of the claims of the members of the Class.   Plaintiffs have no interests antagonistic to those of the Class, and Defendant has no defenses  unique to Plaintiffs.   14.  Plaintiffs will protect the interests of the Class fairly and adequately, and  Plaintiffs have retained attorneys experienced in class action litigation.   15.  A class action is superior to all other available methods for this controversy  because:  a.  The prosecution of separate actions by the members of the Class would  create a risk of adjudications with respect to individual members of the Class that would, as a  practical matter, be dispositive of the interests of the other members not parties to the  adjudications, or substantially impair or impede their ability to protect their interests;  5  b.  The prosecution of separate actions by the members of the Class would  create a risk of inconsistent or varying adjudications with respect to the individual members of  the Class, which would establish incompatible standards of conduct for defendant;  c.  Defendant acted or refused to act on grounds generally applicable to the  Class; and questions of law and fact common to members of the Class predominate over any  questions affecting only individual members, and a class action is superior to other available  methods for the fair and efficient adjudication of the controversy.  d.  Nurses who are currently employed by Northern Manor are likely to fear  retaliation and/or the loss of their employment, and thus will likely not commence their own  actions.   16.  Plaintiffs and the Nurses are non-exempt employees currently and formerly  employed by Northern Manor to care for its residents.    17.  Plaintiffs and the Nurses are scheduled to work five days each week, with an 8- hour shift and a half hour lunch break.    18.  Plaintiffs and the Nurses have a very demanding workload, and their work usually  cannot be completed within the time allotted for their regular shift.  In addition to caring for  residents, the Nurses are required to perform work in connection with the change in shift in order  to update the next Nurse who is taking over, and the Nurses are also required to fill out extensive  paperwork after many shifts.   19.  The Nurses care for multiple residents on each shift.  Plaintiff Julia Alderson, for  example, cared for between 13 and 24 residents per shift during her employment.    6   20.  As a result of their heavy work load, the Nurses must stay at work later than the  end of their scheduled shift.  Plaintiffs have frequently stayed one to two hours past the end of  their scheduled shifts.  In addition to staying past the end of their shifts, many Nurses do not  receive the full, uninterrupted and work free 30-minute break to which they are entitled.  That 30  minute time period is deducted from their pay regardless of whether a Nurse is actually given a  proper meal break, and as a result, deprives the Nurses of overtime pay.    21.  As a result of staying past the end of her shift, Plaintiffs have often worked over  40 hours per week, sometimes works as many as 50 hours per week.     22.  Despite working as many as 50 hours per week, Plaintiff Julia Alderson has only  been paid for her scheduled 37.5 hour work week; Plaintiff Saraceno’s experience has been  similar.  Plaintiffs and all of the Nurses punch in and out using a time clock, maintained by  Defendants, which notifies Defendants that Plaintiffs and the Nurses are working more than 37.5  hours per week, and Defendants intentionally fail to pay Plaintiffs and the Nurses for the time  spent working after their shifts should end.  On information and belief, Northern Manor either  fails to pay Plaintiffs and the Nurses for the hours shown by their time cards, or alters their time  cards to artificially lower the number of hours they are shown to have worked.    23.  Plaintiff Julia Alderson, and multiple other Nurses, have complained to their  union and to Northern Manor’s management about the failure to pay the Nurses for overtime  hours worked, and these complaints have not been acted on and/or have been ignored.    7  24.  Plaintiffs incorporate and re-allege all of the preceding paragraphs as if they were  fully set forth herein.   25.  During the FLSA Class Period, Plaintiffs and others similarly situated were  “employees” of Defendant within the meaning of the FLSA, 29 U.S.C. §203(e) and (g).     26.  At all relevant times, Defendant has been an “employer” engaged in interstate  “commerce” within the meaning of the FLSA, 29 U.S.C. §203.      27.  At all relevant times, Defendant’s business has had annual gross revenues in  excess of $500,000.     28.  Plaintiffs consent in writing to be a party to this action pursuant to 29 U.S.C.  §216(b).  Plaintiffs’ written consent is attached hereto as Exhibit A and incorporated by  reference.     29.  Defendant was required to properly pay Plaintiffs and others similarly situated all  wages due including applicable overtime wages for all hours worked in excess of 40 hours in a  workweek.       30.  During the FLSA Class Period, Defendant failed to pay Plaintiffs and the Nurses   all wages due including overtime wages of not less than one and one-half times the regular rate  of pay for each hour worked in excess of 40 hours in a workweek to which they were entitled  under the FSLA, 29 U.S.C. §207.     31.  Defendant’s violation of the overtime requirements of the FLSA was part of its  regular business practice and constituted a pattern, practice, and/or policy.    8   32.  As a result of Defendant’s violations of the FLSA, Plaintiffs and others similarly  situated have suffered damages by being denied overtime wages in accordance with the FLSA in  amounts to be determined at trial, and are entitled to recovery of such amounts, liquidated  damages in an amount equal to their unpaid wages, prejudgment and post judgment interest,  reasonable attorneys’ fees, and costs pursuant to 29 U.S.C. §216(b).     33.  Defendant’s unlawful conduct, as described above, was willful and intentional  and/or was not in good faith.  Defendant knew or should have known that the practices  complained of herein were unlawful.  Defendant knew that Plaintiffs and others similarly  situated routinely worked in excess of forty hours per week and that Plaintiffs and others  similarly situated were not paid for all hours worked.    34.  Defendant has not made a good faith effort to comply with the FSLA with respect  to the compensation of Plaintiffs and others similarly situated.   35.  Because Defendant’s violations of the FSLA have been willful, a three-year  statute of limitations applies, pursuant to the FLSA, 29 U.S.C. §255(a).   36.  Plaintiff sand the Nurses seek to enjoin Defendant from its continuing violations  of 29 U.S.C. §207.    37.  Plaintiffs incorporate and re-allege all of the preceding paragraphs as if they were  fully set forth herein.   38.  Plaintiffs and the Nurses were  employees of Defendant within the meaning of the  NYLL, Article 6, §190(2), and supporting New York regulations.      9   39.  Defendant was an “employer” within the meaning of NYLL Article 6, §190(3),   and any supporting regulations.   40.  Defendant failed to pay Plaintiffs and the Nurses for all hours worked up to 40 in  a workweek, and overtime wages of not less than one and one-half times their regular rate of pay  for each hour worked in excess of 40 hours in a workweek.   41.  Defendant’s failure to pay Plaintiffs and the Nurses for all hours worked, and for   overtime wages was willful and/or not in good faith within the meaning of NYLL, Article 19,  §663.  Defendant was aware of the requirements of the NYLL and continued to deprive Plaintiffs  and the Nurses of all wages owed.    42.  Due to Defendant’s violations of the NYLL, Plaintiffs and the Nurses are entitled   to recover from Defendant their unpaid wages, liquidated damages, reasonable attorneys’ fees,  costs, and pre-judgment and post-judgment interest.    8.  Plaintiffs bring the First Count as a collective action pursuant to Section 216(b) of  the FLSA, 29 U.S.C. §216(b) on behalf of herself and other similarly situated people (the  “Collective” or the “Nurses”), which shall include:    All persons employed by Northern Manor as nurses from April 4, 2014 through  the date the Court orders notice to be sent in accordance with Section 216(b) of  the FLSA (the “FLSA Class Period”).     9.  Defendant is liable under the FLSA for, inter alia, failing to properly compensate   Plaintiff and the Collective.  There are likely one hundred or more similarly situated current and  former employees of Defendant who have been underpaid in violation of the FLSA and who  would benefit from the issuance of a court-supervised notice of the present lawsuit and the  opportunity to join the present lawsuit.  Those similarly situated employees are known to  Defendant, are readily identifiable, and can be located through Defendant’s records that  Defendant is required to create and maintain under applicable federal and state law.  Notice  should be sent to the Collective pursuant to 29 U.S.C. §216(b).    Fair Labor Standards Act, 29 U.S.C. §201, et seq.: Failure to Pay Overtime  (Brought on Behalf of Plaintiff and the Collective)   New York Labor Law, Article 19: Failure to Pay Straight Time and Overtime  (Brought on Behalf of Plaintiff and the NYLL Class)  