(Collective Action Claim for Violation of the FLSA)   (Individual Claim for Violation of FLSA)   32.  McNeal repeats and re-alleges all the preceding paragraphs of this  Complaint above, as if fully set forth herein.   33.  During the relevant time, McNeal performed flooring removal and  disaster restoration services on behalf of Defendants.   34.  McNeal worked for Defendants during a period beginning on or  around February of 2016 and is presently still working for Defendants.   35.  McNeal has not financially invested in the company.   36.  McNeal does not share in the profits or losses of the company.   37.  McNeal has no control over his work environment.  Defendants, not  McNeal, arrange all clients for McNeal.     38.  McNeal is required to wear uniforms and rides in trucks owned by  Defendants to job sites.    39.  Defendants set the rules and have complete control over the clients  and manner of work to be performed, and McNeal has to obey these rules or risk  loss of his job.   41.  In fact, McNeal worked for Defendants more than forty hours in  many workweeks during the relevant time.   42.  Defendants paid McNeal a regular rate for all hours that he worked.   43.  Defendants failed to pay McNeal one and one-half times McNeal’s  regular rate for all hours worked over forty in a workweek.   44.  At all relevant times, Defendants knew or should have known that  the FLSA applied to the operation of a flooring removal and disaster restoration  services business.    V.  45.  McNeal repeats and re-alleges all the preceding paragraphs of this  Complaint above, as if fully set forth herein.   46.  McNeal brings his claims for relief for violation of the FLSA as a  collective action pursuant to Section 16(b) of the FLSA, 29 U.S.C. § 216(b), on  behalf of all persons who worked as general laborers at Defendants’ places of  business at any time within the three years prior to the filing of this lawsuit.   47.  Defendants employed general laborers other than McNeal who  performed flooring removal and disaster restoration services.   48.  The general laborers other than McNeal did not financially invest in  the company.   49.  The general laborers other than McNeal did not share in the profits  or losses of the company.   51.  Defendants failed to pay one or more general laborers other than  McNeal one and one-half times their regular rate for all hours worked over forty in  a workweek.   52.  General laborers other than McNeal had no control over their work  environment.  For example, Defendants, not general laborers, arrange all clients  for general laborers.     53.  Defendants set the rules and have complete control over the clients  and manner of work to be performed, and general laborers have to obey these  rules or risk loss of their jobs.     54.  The proposed FLSA class members are similarly situated in that  they have been subject to uniform practices by Defendants that violated the  FLSA, including Defendants’ failure to pay general laborers other than McNeal  overtime compensation in violation of the FLSA, 29 U.S.C. § 207.   55.  Plaintiffs also bring this claim for relief for violation of the FLSA as a  collective action pursuant to Section 16(b) of the FLSA, 29 U.S.C. § 216(b). The  Collective Class is defined as follows:   All general laborers (or similar positions)   employed by Defendant in the past three (3) years.   57.  In addition, and in the alternative, Plaintiffs bring this action in their  individual and personal capacities, separate and apart from the class claims set  forth herein.   VI.  58.  McNeal repeats and re-alleges all the preceding paragraphs of this  Complaint above, as if fully set forth herein.   59.  Defendants failed to pay McNeal overtime wages required under  the FLSA.   60.  Defendants’ conduct and practices, as described above, were  willful, intentional, unreasonable, arbitrary and in bad faith.   61.  By reason of the unlawful acts alleged herein, Defendants are liable  to McNeal for monetary damages, liquidated damages and costs, including  reasonable attorney’s fees provided by the FLSA for all violations which occurred  beginning at least three (3) years preceding the filing of McNeal’s initial  complaint, plus periods of equitable tolling.    63.  McNeal repeats and re-alleges all the preceding paragraphs of the  Complaint above, as if fully set forth herein.    64.  Defendants failed to pay general laborers other than McNeal  overtime wages required under the FLSA.     65.  Defendants’ conduct and practice, as described above, were willful,  intentional, unreasonable, arbitrary and in bad faith.   66.  By reason of the unlawful acts alleged herein, Defendants are liable  to general laborers other than McNeal for monetary damages, liquidated  damages and costs, including reasonable attorney’s fees provided by the FLSA. 