30.  Plaintiff brings her FLSA claims on behalf of herself and all similarly-situated  persons who elect to opt-in to this action who work or have worked for Fifth Third as CSMs  6  between December 31, 2011 and the date of final judgment in this matter (the “Collective Action  Period”).  Anyone who released his or her FLSA claims in Stallard v. Fifth Third, et al, 2:12-cv- 01092-MRH, is excluded from this collective and is not a Collective Action Member.   31.  Plaintiff and other CSMs are similarly situated in that they have substantially  similar job duties and are subject to Fifth Third’s common compensation policies, patterns,  and/or practices, including without limitation Fifth Third’s misclassification of CSMs as exempt  from the protections of the FLSA.   32.  The primary job duties of Plaintiff and the Collective Action Members did not  materially differ from the duties of non-exempt hourly paid employees.  The performance of non- exempt duties occupied the majority of Plaintiff’s and Collective Action Members’ working  hours.   33.  Pursuant to a centralized, company-wide policy, pattern and/or practice,  Defendants classified all CSMs and other similarly situated current and former employees  holding comparable positions but different titles, as exempt from coverage of the overtime  provisions of the FLSA.   34.  Upon information and belief, Fifth Third did not perform a person-by-person  analysis of the job duties of CSMs when making the decision to classify all of them uniformly as  exempt from the overtime protections of the FLSA.   35.  Fifth Third is liable under the FLSA for, inter alia, failing to properly compensate  the Collective Action Members.  There are believed to be at least 250 similarly-situated current  and former CSMs 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 CSMs  are known to Fifth Third, are readily identifiable, and can be located through Fifth Third’s  7  records.  Notice should be sent to the FLSA Collective Action Members pursuant to 29 U.S.C.  § 216(b).   36.  Plaintiff and the Collective Action Members, all of whom regularly worked more  than 40 hours in a workweek, were employed by Fifth Third as CSMs.   37.   Fifth Third failed to pay Plaintiff and the Collective Action Members for all  hours worked as well as overtime compensation for the hours they worked over 40 in a  workweek due to the policy of classifying CSM’s company-wide as exempt.   38.  Fifth Third failed to keep accurate records of all hours worked by Plaintiff and the  Collective Action Members.   39.  Throughout the relevant period, it has been Fifth Third’s policy, pattern or  practice to require, suffer, or permit Plaintiff and the Collective Action Members to work in  excess of 40 hours per week without paying them overtime wages for all overtime hours worked.   40.  The work that Plaintiff and the Collective Action Members have performed was  assigned by Fifth Third or Fifth Third was aware of the work they performed.    41.  The work performed by Plaintiff and the Collective Action Members constitute  compensable work time under the FLSA and was not preliminary, postliminary or de minimus.   42.  Fifth Third has intentionally, willfully, and regularly engaged in a company-wide  policy, pattern, or practice of violating the FLSA with respect to Plaintiff and the Collective  Action Members, which was authorized, established, promulgated, and/or ratified by Fifth  Third’s corporate headquarters.  This policy, pattern or practice includes but is not limited to:  a.  willfully failing to record all of the time the Plaintiff and the Collective  Action Members have worked for the benefit of Fifth Third;  b.  willfully failing to keep accurate time records as required by the FLSA or  8  applicable state wage and hour laws;  c.  willfully failing to credit Plaintiff and the Collective Action Members for  all hours worked including overtime hours, consistent with the  requirements of the FLSA;  d.  willfully failing to pay Plaintiff and the Collective Action Members wages  for all hours worked including overtime wages for hours worked in excess  of 40 hours per workweek;  e.  willfully classifying Plaintiff and the Collective Action Members as  exempt despite their primary duties being non-exempt in nature; and  f.  failing to provide sufficient resources in the labor budgets for non-exempt  employees to complete all of the non-exempt tasks in each bank, when  Defendants knew or recklessly disregarded the fact that failing to provide  sufficient resources in bank labor budgets resulted in Plaintiff and other  similarly-situated CSMs (who were not paid overtime) to work more than  40 hours in a workweek and primarily perform non-exempt duties during  their workweeks, without receiving overtime compensation—which  allowed Defendants to avoid paying additional wages (including overtime)  to the non-exempt bank-level employees.   43.  As an experienced bank operating over 1000 locations throughout the country,  Defendants were aware or recklessly disregarded the fact that by underfunding the labor budgets  for bank locations, Plaintiff and other similarly situated CSMs were primarily performing non- exempt duties and not performing activities that would suffice to make their actual job duties  comply with any FLSA exemption.  Inasmuch as Defendants are substantial corporate entities  9  aware of their obligations under the FLSA, they acted willfully or recklessly in failing to classify  Plaintiff and other similarly situated CSMs as non-exempt employees.   44.  Fifth Third’s unlawful conduct has been widespread, repeated, and consistent.  45.  Pursuant to Fed. R. Civ. P. 23, Plaintiff Kampfer as the Ohio Class  Representative, brings the OMWA and Section 34a claims (“Ohio Claims”), individually and on  behalf of the Ohio Class.    46.  The persons in the Ohio Class identified above are so numerous that joinder of all  members is impracticable.  Although the Ohio Class Representative does not know the precise  number of such persons, the facts on which the calculation of that number can be based are  presently within the sole control of Fifth Third and ascertainable.  Upon information and belief,  there are at least 50 members of the Ohio Class.   47.  Fifth Third has acted or refused to act on grounds generally applicable to the Ohio  Class, thereby making appropriate final injunctive relief or corresponding declaratory relief with  respect to the Ohio Class as a whole.   48.  There are questions of law and fact common to the Ohio Class that predominate  over any questions solely affecting individual members of the Ohio Class, including but not  limited to:  a.  whether Fifth Third has failed and/or refused to pay the Ohio Class  Representative and the Ohio Class overtime pay for the hours worked in  excess of 40 hours per workweek within the meaning of the OMWA;  b.  the nature and extent of the class-wide injury and the appropriate measure of  damages for the Ohio Class;  c.  whether Fifth Third has a policy of misclassifying CSMs as exempt from  10  coverage of the overtime provisions of the OMWA;  d.  whether Fifth Third’s policy of misclassifying CSMs as exempt from  coverage of the overtime provisions of the OMWA was done willfully;  e.  whether Fifth Third can prove that their unlawful policies were implemented  in good faith; and  f.  whether Fifth Third failed to maintain records of the Ohio Class members’  hours worked for each day worked in violation of Section 34a.   49.  Fifth Third has acted or refused to act on grounds generally applicable to the Ohio  Class, thereby making appropriate final injunctive relief or corresponding declaratory relief with  respect to the Ohio Class as a whole.   50.  The claims of the Ohio Class Representative are typical of the claims of the Ohio  Class.  The Ohio Class Representative and the other Ohio Class Members work or have worked  for Fifth Third and have been subjected to their policy, pattern or practice of failing to pay  overtime wages for hours worked in excess of 40 hours per workweek.  Fifth Third acted and  refused to act on grounds generally applicable to the Ohio Class, thereby making declaratory  relief with respect to the Ohio Class appropriate.   51.  The Ohio Class Representative will fairly and adequately represent and protect  the interests of the Ohio Class.   52.  The Ohio Class Representative has retained counsel competent and experienced in  complex class action and wage and hour litigation.   53.  A class action is superior to other available methods for the fair and efficient  adjudication of the Ohio Wage and Hour Law claims, where individual plaintiffs may lack the  financial resources to vigorously prosecute a lawsuit in federal court against a corporate  defendant.  11   54.  The members of the Ohio Class have been damaged and are entitled to recovery  because of Fifth Third’s common and uniform policies, practices, and procedures.  Although the  relative damages suffered by individual Ohio Class Members are not de minimus, such damages  are small compared to the expense and burden of bringing individual cases.   55.  Class treatment of the Ohio Class claims is superior because it will obviate the  need for duplicative litigation that may result in inconsistent judgments about Fifth Third’s  practices.  56.  Throughout their employment with Fifth Third, Plaintiff and the members of the  FLSA Collective and Ohio Class consistently worked more than 40 hours per workweek.   57.  Fifth Third was aware that Plaintiff and the members of the FLSA Collective and  Ohio Class worked more than 40 hours per workweek, yet Fifth Third failed to pay them any  overtime compensation for any of the hours worked over 40 in a workweek.   58.  The primary duties of Plaintiff and the members of the FLSA Collective and Ohio  Class duty were non-exempt.    59.  The tasks that Plaintiff and the other CSMs regularly performed include but are not  limited to:  a. sales, including loans and lines of credit, as well as insurance and annuity  products;   b. working the teller line;   c. performing operations work such as routine audits of teller drawers, the ATM,  and the vault;   d. generating and printing routine reports; and   e. performing other customer service tasks;  12   60.  Plaintiff’s and the other CSMs’ primary job duties did not include:  a.  hiring, firing, promoting, or disciplining other employees;  b.  implementing management policies, practices, and procedures;  c.  committing Fifth Third  in matters having significant financial impact;   d.  setting employees’ wages; or   e.  determining how many labor hours could be allocated to their branch.   61.  The primary duties of Plaintiff and the members of the FLSA Collective and Ohio  Class did not differ substantially from the duties of non-exempt hourly paid employees.   62.  Plaintiff and the members of the FLSA Collective and Ohio Class did not exercise a  meaningful degree of independent discretion with respect to the exercise of their duties.    63.  Plaintiff and the members of the FLSA Collective and Ohio Class did not have the  discretion or authority to make any decisions with respect to matters of significance and were  required to follow the policies, practices, and procedures set by Fifth Third, as well as state and  federal banking regulations.  Plaintiff and the members of the FLSA Collective and Ohio Class  did not have any independent authority to deviate from these policies, practices, and procedures.   64.  Branch managers and district managers were responsible for the overall  performance of the branches and for coaching and developing bank employees.  65.  Plaintiff realleges and incorporates by reference the allegations in Paragraphs 1- 64 as if they have been set forth herein.   66.  Fifth Third has engaged in a widespread pattern and practice of violating the  13  FLSA, as described in this Collective and Class Action Complaint.   67.  Plaintiff has consented in writing to be a party to this action, pursuant to 29  U.S.C. § 216(b).    68.  At all relevant times, Plaintiff and members of the FLSA Collective were engaged  in commerce and/or the production of goods for commerce within the meaning of 29 U.S.C.  §§ 206(a) and 207(a).    69.  The overtime wage provisions set forth in §§ 201 et seq. of the FLSA apply to  Fifth Third.    70.  Fifth Third is an employer engaged in commerce and/or the production of goods  for commerce within the meaning of 29 U.S.C. §§ 206(a) and 207(a).   71.  At all times relevant, Plaintiff and members of the FLSA Collective were  employees within the meaning of 29 U.S.C. §§ 203(e) and 207(a).   72.  Fifth Third has failed to pay Plaintiff and members of the FLSA Collective the  overtime wages to which they were entitled under the FLSA.    73.  Fifth Third’s violations of the FLSA, as described in this Collective and Class  Action Complaint, have been willful and intentional.  Fifth Third has failed to make a good faith  effort to comply with the FLSA with respect to its compensation of Plaintiff and the members of  the FLSA Collective.    74.  Because Fifth Third’s violations of the FLSA have been willful, a three-year  statute of limitations applies, pursuant to 29 U.S.C. § 255.   75.  As a result of Fifth Third’s willful violations of the FLSA, Plaintiff and members  of the FLSA Collective have suffered damages by being denied overtime wages in accordance  with 29 U.S.C. §§ 201, et seq.   14   76.  As a result of the unlawful acts of Fifth Third, Plaintiff and members of the FLSA  Collective have been deprived of overtime compensation and other wages in amounts to be  determined at trial, and are entitled to recovery of such amounts, liquidated damages,  prejudgment interest, attorneys’ fees, costs and other compensation pursuant to 29 U.S.C.  § 216(b).   77.  The Ohio Class Representative on behalf of herself and all Ohio Class Members,  realleges and incorporates by reference the allegations in Paragraphs 1-64 as if they have been  set forth herein.   78.  Fifth Third has engaged in a widespread policy, pattern, or practice of violating  the Ohio Wage and Hour Law, as detailed in this Collective and Class Action Complaint.   79.  At all times relevant, the Ohio Class Representative and the other members of the  Ohio Class have been employees and Defendants have been employers within the meaning of the  OMWA.  The Ohio Class Representative and the members of the Ohio Class are covered by the  88.  The Ohio Class Representative on behalf of herself and all Ohio Class Members,  realleges and incorporates by reference the allegations in Paragraphs 1-64 as if they have been  set forth herein.   89.  Defendants failed to maintain records of the Ohio Class members’ hours worked  for each day worked.   90.  Defendants’ failure to maintain such records violates Section 34a and entitles the  Ohio Class Representative and the Ohio Class to the remedies provided by law.  FINANCIAL CORPORATION; and FIFTH  THIRD BANCORP,  Defendants.  Fair Labor Standards Act:  Unpaid Overtime Wages  Brought on Behalf of Plaintiff and Collective Action Members  Against All Defendants   Ohio Wage and Hour Law:  Unpaid Wages  Brought on behalf of the Ohio Class Representative and the Ohio Class  Against All Defendants   Ohio Wage and Hour Law:  Record-Keeping Violation  Brought on behalf of the Ohio Class Representative and the Ohio Class  Against All Defendants  