1.5 times their regular rate of pay for each and all hours worked in excess of forty hours in a  work week, in violation of the New York Minimum Wage Act and its implementing  regulations. N.Y. Lab. Law §§ 650 et seq.; 12 NYCRR § 142-2.2.  Relief Demanded   10. Upon information and belief, and at all relevant times herein, Defendant was in the plumbing  and repair business.    11. At all times relevant herein, Defendant employed over 75 employees during the class period.    12. At all times relevant herein, Plaintiff was an hourly employee of Defendant and his last  regular hourly rate of pay was about $16 an hour.    13. At all times relevant herein, Plaintiff was employed from on or about October 22, 2018 to on  or about November 7, 2019.     14. At all times relevant herein, Defendant failed to pay Plaintiff for each and all hours worked  in a week; 1) Plaintiff was required to clock in to work abut 1 hour earlier than his scheduled  time, for about 5 days a week and was not paid for this additional hour worked daily; and 2)  Defendant had a policy and practice of deducting wages for 30 minutes daily for “lunch”  breaks. However, due to the demands of his job, Plaintiff was required to work through his  lunch breaks on most or all days during his employment with Defendant and did not receive a  bona fide meal break within the meaning of the FLSA and NYLL. Due to these violations,  Plaintiff is owed wages for about 7.5 hours a week, for most or all weeks during his  employment with Defendant.    15. At all times relevant herein, Plaintiff worked about 50 hours or more each week for  Defendants and sometimes more; 5 days a week.   16. A more precise statement of the hours and wages may be made when Plaintiff Lim-Tom  obtains the wage and time records Defendants were required to keep under the FLSA and  NYLL. Accurate copies of Plaintiff’s wage and time records that Defendants were required  to keep pursuant to 29 USC 211, 29 CFR 516 and NYLL 195, 12 NYCRR 142.2-6 are  incorporated herein by reference.   18. Upon information and belief, Defendant failed to pay Plaintiff and the putative class  members at a rate of 1.5 times their regular rate for each and all overtime hours worked  (hours over 40 in a week).    19. The violations complained of by Plaintiff were also suffered by putative class members.   20. At all times relevant herein, Defendant did not provide Plaintiff and the putative class  members with the notice(s) required by NYLL 195(1).   21. At all times relevant herein, Defendant did not provide Plaintiff and the putative class  members with the statement(s) required by NYLL 195(3) – the wage statements provided to  Plaintiff did not contain all hours worked by Plaintiff nor all wages earned, among other  deficiencies.    22. Upon information and belief and at all times relevant herein, Defendant had annual revenues  and/or expenditures in excess of $500, 000. Plaintiff references and incorporates herein,  accurate copies of records of Defendant’s business volume and revenues as well as business  operations and commerce that Defendant was required to keep and maintain under the FLSA  including under 29 CFR 516.   23. Upon information and belief and at all times relevant herein, Defendant conducted business  with companies outside the State of New York.   24. Upon information and belief, and at all times relevant herein, Defendant and Plaintiff  conducted business with insurance companies outside the State of New York.    25. At all times applicable herein and upon information and belief, Defendant utilized the goods,  materials, and services through interstate commerce such as plumbing equipment and other  essential materials.    27. Defendant as a regular part of its business, makes payment of taxes and other monies to  agencies and entities outside the State of New York.   28. Defendant as a regular part of its business, engaged in credit card transactions involving  banks and other institutions outside the State of New York.   29. At all times applicable herein and upon information and belief, Defendant utilized the  instrumentalities of interstate commerce such as the United States mail, electronic mail, the  internet and telephone systems.   30. Upon information and belief, and at all relevant times herein, Defendant failed to display  federal and state minimum wage/overtime posters.    31. Upon information and belief, and at all relevant times herein, Defendant failed to notify  Plaintiff of her federal and state minimum wage and overtime rights and failed to inform  Plaintiff that she could seek enforcement of such rights through the government enforcement  agencies.    32. The “present” or the “present time” as used in this complaint refers to the date this complaint  was signed.  33. Plaintiff alleges on behalf of himself and all others similarly situated who opt into this action  pursuant to 29 U.S.C. § 216(b), and incorporates by reference the allegations in paragraphs 1  through 32 above as if set forth fully and at length herein.   35. The FLSA cause of action is brought as a collective action on behalf of the named Plaintiff  and all others who are/were similarly situated and who file consents to opt-in to the action.   36. The class of similarly situated individuals as to the FLSA cause of action is defined as  current and former hourly employees of Defendant, and who 1) worked more than forty  hours in a week, within at least the three-year period, preceding the filing of this complaint;  and 2) were not paid at an overtime rate of at least 1.5 times their regular rate for each and all  hours worked in excess of forty hours in a week as also explained above.   37. The class includes but is not limited to delivery persons and employees in similar positions.   38. Although the precise number of putative class members is unknown, and facts on which the  calculation of that number is based are presently within the sole control of Defendant, upon  information and belief, there are over 75 members of the class during the class period.    39. The class definition will be refined as is necessary, including after discovery if necessary.   40. At all times relevant to this action, Plaintiff and all those similarly-situated, were employed  by Defendant within the meaning of the FLSA – 29 U.S.C 201 et Seq.   41. Upon information and belief, and at all times relevant to this action, Plaintiff and all those  similarly similarly-situated, were engaged in commerce and/or in the production of goods for  commerce and/or Defendant constituted an enterprise(s) engaged in commerce within the  meaning of the FLSA including 29 U.S.C. §§ 207(a).   42. Upon information and belief and at all times relevant herein, Defendant transacted commerce  and business in excess of $500,000.00 annually or had revenues and/or expenditures in  excess of $500,000.00 annually.   44. Due to Defendant’s FLSA violations, Plaintiff, and all those similarly-situated, are entitled to  recover from Defendant, their unpaid overtime wage compensation, plus maximum  liquidated damages, attorney’s fees, and costs of the action, pursuant to 29 U.S.C. § 216(b).  45. Plaintiff alleges on behalf of herself and all others similarly situated as class members, and  incorporates by reference the allegations in paragraphs 1 through 43 above as if set forth  fully and at length herein.  46. Plaintiff sues on his own behalf and on behalf of a class of persons under Rule 23(a), (b)(2)  and (b)(3) of the Federal Rules of Civil Procedure.   47. The class of similarly-situated individuals as to the overtime cause of action under the NYLL  is defined as current and former hourly employees of Defendant, and who: 1) were employed  by Defendant within the State of New York; 2) worked more than forty hours in a week,  within at least the six-year period, preceding the filing of this complaint; and 3) were not paid  at an overtime rate of at least 1.5 times their regular rate for each and all hours worked in  excess of forty hours in a week as also explained above.    48. The class includes but not limited to plumbers and employees in similar positions.   49. The class definition will be refined as is necessary, including after discovery if necessary.   50. Although the precise number of putative class members is unknown, and facts on which the  calculation of that number is based are presently within the sole control of Defendant, upon  information and belief, there are over 75 members of the class during the class period.    52. Upon information and belief, there are questions of law or fact common to the class – (a)  whether the putative class was paid at least 1.5 times the applicable regular rate for all hours  in excess of forty in a week.   53. Upon information and belief, the claims of the representative party are typical of the claims  of the class.    54. The representative party will fairly and adequately protect the interests of the class.    55. The Defendant has acted or refused to act on grounds generally applicable to the class,  thereby making appropriate final injunctive relief or corresponding declaratory relief with  respect to the class as a whole.   56. A class action is superior to other available methods for the fair and efficient adjudication of  the controversy - particularly in the context of wage and hour litigation where individual  Plaintiffs lack the financial resources to vigorously prosecute a lawsuit in federal court  against corporate Defendants and in light of the large number of putative class members.   57. At all times relevant to this action, Plaintiff and all those similarly-situated as class members,  were employed by Defendant within the meaning of the New York Labor Law, §§ 2 and 651  and the regulations thereunder including 12 NYCRR § 142.   58. At all times relevant herein, Defendant failed to pay and willfully failed to pay Plaintiff and  all those similarly-situated as class members, overtime compensation at rates not less than   60. Plaintiff alleges on behalf of himself and all others similarly situated as class members, and  incorporates by reference the allegations in paragraphs 1 through 59 above as if set forth  fully and at length herein.  76. Plaintiff alleges on behalf of herself and all others similarly situated as class members, and  incorporates by reference the allegations in paragraphs 1 through 75 above as if set forth  fully and at length herein.  77. Plaintiff sues on his own behalf and on behalf of a class of persons under Rule 23(a), (b)(2)  and (b)(3) of the Federal Rules of Civil Procedure.   78. The class of similarly-situated individuals as to the cause of action for NYLL 195(1) and  NYLL 195(3) violations is defined as current and former employees of Defendant who: 1)  were not provided with the notice(s) required by NYLL 195(1), or 2) were not provided with  the statement(s) required by NYLL 195(3).    79. The class includes but is not limited to employees who did not receive wage statements,  employees who received wage statements but whose wage statements did not reflect all hours  worked or all wages earned, and employees who did not receive the required wage notices  setting forth the regular and overtime rate of pay among other information.    80. The class definition will be refined as is necessary, including after discovery if necessary.   81. Although the precise number of putative class members is unknown, and facts on which the  calculation of that number is based are presently within the sole control of Defendant, upon  information and belief, there are over 75 members of the class during the class period.    83. Upon information and belief, there are questions of law or fact common to the class – (a)  whether Defendant failed to provide Plaintiff with the notice(s) required by NYLL 195(1),  and (b) whether Defendant failed to provide Plaintiff and the putative class with the  statement(s) required by NYLL 195(3).   84. Upon information and belief, the claims of the representative party are typical of the claims  of the class.    85. The representative party will fairly and adequately protect the interests of the class.    86. The Defendant has acted or refused to act on grounds generally applicable to the class,  thereby making appropriate final injunctive relief or corresponding declaratory relief with  respect to the class as a whole.   87. There are questions of law and fact common to the class which predominate over any  questions solely affecting individual members of the class, including:  (b) whether Defendant failed to provide Plaintiff with the notice(s) required by NYLL 195(1),  and whether Defendant failed to provide Plaintiff and the putative class with the  statement(s) required by NYLL 195(3).   88. A class action is superior to other available methods for the fair and efficient adjudication of  the controversy - particularly in the context of wage and hour litigation where individual  Plaintiffs lack the financial resources to vigorously prosecute a lawsuit in federal court  against corporate Defendant and in light of the large number of putative class members.   89. At all times relevant to this action, Plaintiff and all those similarly-situated as class members,  were employed by Defendant within the meaning of the New York Labor law, §§ 190 et seq.,  including §§ 191, 193, 195 and 198.   91. At all times relevant herein, Defendant failed and willfully failed to provide Plaintiff and the  class members with the statement(s) required by NYLL 195(3) – Plaintiff and the class are  therefore entitled to and seeks to recover in this action the maximum recovery for this  violation, plus attorneys’ fees and costs pursuant to NYLL 198 including NYLL 198(1-d), as  well as an injunction directing Defendant to comply with NYLL 195(1).  Relief Demanded   92. Due to Defendant’s New York Labor Law Article 6 violations including violation of sections  191, 193 and 198, Plaintiff and all those similarly situated are entitled to recover from  Defendant, maximum recovery for violations of NYLL 195(1) and NYLL 195(3),  prejudgment interest, reasonable attorneys’ fees, and costs of the action, pursuant to N.Y.  Labor Law § 190 et seq. including § 198.  FAIR LABOR STANDARDS ACT - 29 U.S.C 201 et Seq. (Overtime wages)   NYLL § 190, 191, 193, 195 and 198   NYLL § 190, 191, 193, 195 and 198   NYLL 650 et Seq. (Unpaid Overtime)  