(Collective Action Alleging FLSA Violations)   (Virgin Islands FLSA Class Action)   33.  From May 2019 until December 2019, Plaintiff was employed by Defendant as a  laborer in the Virgin Islands.   34.  Throughout the time Plaintiff was employed by Defendant, Defendant paid  Plaintiff and those similarly situated “straight time” or their regular hourly rates, without  overtime premiums, when they worked in excess of 8 hours per day and/or 40 hours per week  and/or worked six or more consecutive days.   35.  Upon information and belief, regardless of the location of the job/contracts on  which Defendant employed laborers within the relevant time periods, Defendant paid all laborers  under the same scheme, namely it paid laborers either day rates only or paid them solely their  regular hourly rates (“straight time”), without overtime premiums when they worked in excess of  40 hours per week, in excess of 8 hours per day, or when they worked six or more consecutive  days.   36.   Plaintiff and the putative class members have not been properly compensated for  all the hours they worked for Defendant as a result of Defendant’s corporate policy and practice  of whereby it fails to pay legally-mandated overtime compensation.   37.  Defendant has maintained these illegal corporate policies for at least 10 years and  has been repeatedly sued regarding the same FLSA violations alleged here.  See, e.g., Eagle v.  Schear Construction, LLC, et al., 2:2013cv00797, D.E. 1 (M.D. Fla. Nov. 13, 2013); Perales v.  Schear Construction, LLC2, et al., 2:2009cv00669, D.E. 1 (M.D. Fla. Oct. 8, 2009).   39.  As a result of Defendant’s corporate policy Plaintiff and the putative class  members were not properly compensated for all hours worked, including all worked in excess of  eight (8) per day or forty (40) in a workweek, or when the worked six or more workdays within a  workweek, as required by the FLSA and Virgin Islands FLSA.   40.  Defendant has employed other individuals who perform(ed) the same or similar  job duties under the same pay provisions as Plaintiff.   41.  Defendant is aware of its obligation to pay overtime for all hours worked and the  proper amount of overtime for all hours worked in excess of eight (8) per day and forty (40) each  week to Plaintiff and the putative class members, but has failed to do so.   42.   Because Defendant did not pay Plaintiff and the putative class members time and  a half for all hours worked in excess of eight (8) per day and/or forty (40) in a workweek and/or  when he worked six or more consecutive days, Defendant’s pay policies and practices violate the  FLSA as well as the Virgin Islands FLSA.   C.  43.   All previous paragraphs are incorporated as though fully set forth herein.   44.  Pursuant to 29 U.S.C. § 216(b), this is a collective action filed on behalf of all of  Defendant’s hourly-paid employees hired to perform work anywhere in the United States or its  territories within the last three years, who have been similarly situated to Plaintiff with regard to  the manner in which they were paid.   45.  Other similarly situated employees of Defendant have been victimized by  Defendant’s patterns, practices, and policies, which are in willful violation of the FLSA.   46.   The FLSA Collective Members are defined as:  ALL  54.   Plaintiff brings his Virgin Islands FLSA Claims as class action pursuant to  Federal Rule of Civil Procedure 23 on behalf of all similarly situated individuals employed by  the Defendant in the Virgin Islands since June 2017.   55.  Class action treatment of Plaintiff and the Virgin Island FLSA Class Members’  claims is appropriate because, as alleged below, all of Federal Rule of Civil Procedure 23’s class  action requisites are satisfied.   56.   The number of Virgin Islands FLSA Class Members is so numerous that joinder  of all class members is impracticable.   57.   Plaintiff is a member of the Virgin Islands FLSA Class, his claims are typical of  the claims of the other Virgin Islands FLSA Class Members, and he has no interests that are  antagonistic to or in conflict with the interests of the other Virgin Islands FLSA Class Members.   58.   Plaintiff and his counsel will fairly and adequately represent the Virgin Islands  FLSA Class Members and their interests.   60.   Accordingly, the Virgin Islands FLSA Class should be certified as:  61.   Defendant violated provisions of Sections 7 and 15 of the FLSA, 29 U.S.C.  §§ 207 and 215(a)(2), by employing individuals in an enterprise engaged in commerce or in the  production of goods for commerce within the meaning of the FLSA for workweeks longer than  forty (40) hours without compensating such non-exempt employees for all of the hours they  worked in excess of forty (40) hours per week at rates at least one and one-half times the regular  rates for which they were employed.   62.   Defendant knowingly, willfully, and with reckless disregard carried out its illegal  pattern of failing to pay Plaintiff and other similarly situated employees the proper amount of  overtime compensation for all hours worked over forty each week. 29 U.S.C. § 255(a).   64.   Defendant is comprised of sophisticated parties and is a sophisticated employer,  and therefore knew (or should have known) its pay policies were in violation of the FLSA.   65.   Defendant’s violations of the FLSA were committed in reckless disregard of its  obligations thereunder and its obligations under the various contracts under which it performed  the subject work.   66.   Plaintiff and the FLSA Collective Members, on the other hand, are (and were)  unsophisticated employees who trusted Defendant to pay them according to the law.   67.   Accordingly, Plaintiff and the FLSA Collective Members are entitled to be paid  overtime wages for all hours worked in excess of forty (40) hours per workweek pursuant to the  FLSA in an amount equal to one-and-a-half times their regular rate of pay, plus liquidated  damages, attorneys’ fees and costs.   68.    Claimant hereby incorporates and realleges the allegations contained in  paragraphs 1 through 42 and 54 through 60, above.    69.   Sarmiento, on behalf of himself and the Virgin Islands FLSA  Class, further brings this action pursuant to Fed. R. Civ. P. 23(b)(3) for back wages, interest and  treble damages under 24 V.C.I. §1 et. seq.    70.   Defendant violated 24 V.C.I. §20(a)(2) by failing to pay Plaintiff and those  similarly situated one and one-half times his regular rate of pay for hours worked in excess of  forty during each workweek.   72.  Defendant violated 24 V.C.I. §20(a)(1) by failing to by failing to pay Plaintiff and  those similarly situated one and one-half times his regular rate of pay when he worked more than  5 consecutive days.   73.   Defendant’s violations of the Virgin Islands FLSA were repeated, willful and  intentional.   74.    Plaintiff has been damaged by said violations of the Virgin Islands FLSA.   75.    Pursuant to Plaintiff and the Virgin Islands FLSA Class for their unpaid overtime  compensation, plus their attorneys' fees and costs.  VIRGIN ISLANDS FLSA CLASS  