15.  Defendant owns and operates a restaurant known as Bluefin Bar & Grill.   16.  Defendant employs several servers, bartenders, hosts, bussers, and runners.   18.  As a server, Plaintiff was responsible for serving food and beverages, explaining  the menu and taking orders from guests, and adhering to company standards for food and  beverages.   19.  Plaintiff typically worked thirty (30) to forty (40) hours per week.   20.  Defendant paid Plaintiff an hourly wage less than federal minimum wage  (approximately $5.60).   21.  In addition, Plaintiff earned tips as a server.   22.  Defendant paid Plaintiff according to what is commonly referred to as the “tip  credit.”   23.  Throughout Plaintiff’s employment Defendant failed to notify Plaintiff of the  provisions of FLSA § 3(m), 29 U.S.C. § 203(m).    24.  Throughout Plaintiff’s employment Defendant required Plaintiff to share her tips  with other workers.     25.  Specifically, Defendant required Plaintiff to tip out other “back of house,” non- tipped employees.    26.  Servers should not share tips with back of the house employees.    27.  As a result, Defendants were not entitled to utilize the FLSA’s tip credit provision  to credit Plaintiff’s tips towards a portion of their minimum wage obligations.   VI.  28.  Defendant employs other servers as part of its business operations.     29.  Servers perform similar job duties as Plaintiff in that they explain the menu and  take orders from guests, serve beverages and keep their area clean.   31.  Servers are paid less than minimum wage, plus tips (“the tip credit”).   32.  Servers typically work thirty (30) to forty (40) hours per week.   33.  Servers are required to tip out “back of house” employees in a manner similar to  Plaintiff.   34.  Defendant’s servers are the putative class members for this potential collective  action.   35.  Plaintiff and the class members performed the same or similar job duties as one  another in that they provided services for Defendants.   36.  Plaintiff and the class members were required to tip back of house employees each  shift in violation of the FLSA’s requirement that minimum wages be paid “free and clear.”   37.  Shortly after being hired, Defendant explains it policy that servers are required to  tip out dishwashers.   38.  The tip out is mandatory and affects all servers.   39.  Further, Plaintiff and the class members were subjected to the same pay provisions  in that they were subject to working without receiving proper compensation in the form of a free  and clear minimum wage.   40.   Defendants’ common policy violations have caused Plaintiff and the class  members to receive less than minimum wage for all hours worked.    41.  Thus, the class members are similar with regard to their wages for the same reasons  as Plaintiff.   43.   Defendant knowingly, willfully, or with reckless disregard carried out its illegal  pattern or practice of failing to pay Plaintiff and the class members at a rate of at least the statutorily  prescribed minimum wage.   44.    Defendant did not act in good faith or reliance upon any of the following in  formulating its pay practices: (a) case law, (b) the FLSA, 29 U.S.C. § 201, et seq., (c) Department  of Labor Wage & Hour Opinion Letters or (d) the Code of Federal Regulations.       45.  During the relevant period, Defendant violated § 7(a)(1), § 15(a)(2) and § 203(m),  by employing employees in an enterprise engaged in commerce or in the production of goods for  commerce within the meaning of the FLSA as aforesaid, for one or more workweeks without  compensating such employees for their work at the statutorily prescribed minimum wage within a  work week during one or more weeks.   46.    Defendant has acted willfully in failing to pay Plaintiff and the class members in  accordance with the law.  47.  Plaintiff reincorporates and readopts all allegations contained within Paragraphs 1-27  above as though fully stated herein.      48.  Plaintiff and the class members are entitled to be paid minimum wage for each hour  worked during their employment with Defendant.   50.  Because of Defendant’s improper tip out policy in this regard, Plaintiff and the class  members have not been paid the minimum wage for each hour worked during one or more weeks of  employment with Defendant.    51.  Defendant willfully failed to pay Plaintiff and the class members minimum wage for  one or more weeks of work contrary to 29 U.S.C. § 206 because it was aware of the minimum wage  law requirements but continued its violations.   52.  As a direct and proximate result of Defendant’s deliberate underpayment of wages,  Plaintiff and the class members have been damaged in the loss of minimum wages for one or more  weeks of work with Defendant.   53.  Plaintiff demands a trial by jury. 