26.  Plaintiffs and other similarly situated employees (putative class members) were and/or are  employees of the Defendant.    27.  Plaintiffs are Monitoring Technicians or Demil Technicians or other similar non-exempt  hourly-paid employees for the Defendant.   28.  Plaintiffs and other similarly situated employees (putative class members) conduct air  Monitoring for chemical agents in order to protect the workforce and general public; as well as  conduct environmental air monitoring.   29.  Plaintiffs and other similarly situated employees (putative class members) conduct the  startup, operation, and maintenance of agent Monitoring systems and/or instrumentation (e.g.,  MINICAMS and DAAMS).   31.  Plaintiffs and other similarly situated employees (putative class members) respond to  alarms and malfunctions within the facility as required.    32.  Plaintiffs and other similarly situated employees (putative class members), among other  duties also properly dispose hazardous waste generated in accordance with PCAPP procedure  (Laboratory Waste Management Plan).   33.  Plaintiffs and other similarly situated employees (putative class members) also perform  ancillary tasks in order to support Monitoring and plant operations.   34.  Plaintiffs and other similarly situated employees (putative class members) were and/or are  contractual parties with the Defendant being employer and Plaintiffs and putative class members  being employees.    35.  Plaintiffs and other similarly situated employees (putative class members) were employed  by the Defendant pursuant to a written and/or an oral contract.    36.  Defendant expressly agreed, orally and/or in writing, to pay Plaintiffs and other similarly  situated employees (putative class members)  a specific amount of compensation for each hour  worked.    38.  Plaintiffs and other similarly situated employees (putative class members) were required  to be actively on-call during their meal periods, and often required to respond to calls and perform  other work during their meal periods, and in fact, the Plaintiffs and other similarly situated  employees rarely, if ever, received an uninterrupted 30 minute meal break.    39.  Defendant failed to pay regular non-overtime wages and other compensation to the  Representative Plaintiffs and members of the proposed Classes for hours worked during their meal  periods by automatically deducting 30 minutes of time for the meal periods for each workday.   40.  Defendant failed to pay overtime wages to the Representative Plaintiffs and members of  the proposed Classes for the work performed during their meal periods hours when the total hours  worked exceeded 40 hours in a work week, by automatically deducting 30 minutes of time for the  meal periods for each workday.    41.  Defendant breached its obligation under the agreement with Representative Plaintiffs and  members of the proposed Classes by failing to pay the full amount of compensation earned for  each hour worked.   42.  The breach of contract by Battelle caused financial harm to Representative Plaintiffs and  each member of the proposed Classes.   44.  Battelle has knowingly failed to compensate the employees for work performed during  meal or lunch breaks.     45.  As a direct and proximate result of Battelle’s unlawful conduct, as set forth herein,  Representative Plaintiffs and Class Members have sustained damages, as described above,  including loss of earnings for hours of overtime worked on behalf of Defendant, in an amount to  be established at trial. As a further direct and proximate result of Defendant's unlawful conduct, as  set forth herein, Representative Plaintiffs and Class Members are entitled to recover attorneys' fees  and costs, pursuant to 29 U.S.C. § 216(b) and/or Colorado law.  47.  Pursuant to 29 U.S.C. § 216(b), the representative Plaintiffs and other similarly situated  employees hereby submit, attached as Exhibit 1 hereto, their written consents to serve as party  plaintiffs and to join the FLSA class.   48.  Defendant, its officers, and directors are excluded from each of these Classes.   50.  Representative Plaintiffs incorporate in this cause of action each and every allegation of  the preceding paragraphs, with the same force and effect as though fully set forth herein.  At all  relevant times hereto, Defendant has been, and is, an employer engaged in commerce, as defined  under 29 U.S.C. § 203(b) and (d).    51.  At all times relevant hereto, Battelle has been an "enterprise engaged in commerce or in  the production of goods for commerce" as defined under 29 U.S.C. §203(s)(1).  As such, Battelle  employed members of the FLSA Class as Monitoring Technicians and/or Demil Technicians and  other similarly situated hourly-paid employees.      53.  Representative Plaintiffs and other similarly situated employees work three-day and four- day shifts in alternating weeks.  Each shift is 12.5 hours long or longer.   54.  Representative Plaintiffs and other similarly situated employees are paid for 12 hours per  shift or 48 hours in a four-day week.   55.  Representative Plaintiffs are informed and believe, and thereon allege, that Battelle  compensates the Monitoring Technicians and/or Demil Technicians and other similarly situated  hourly-paid employees, for the hours worked over 40 hours in a week, at the rate of one and a half  times the regular rate and Battelle’s practice has been to do so with the exceptions alleged herein  as a basis for Plaintiffs’ claims.     56.  Defendant has willfully failed to pay the representative Plaintiffs and similarly situated  employees for the work performed.   During each shift week, plaintiffs are paid overtime for only  eight (8) hours in a 48-hour work week even though Plaintiffs actually work 12.5 or more hours  per day rather than 12 hours per day.    58.  For failing to pay for the above-mentioned work performed by the FLSA class Plaintiffs,  Battelle has violated the regular wage and overtime provisions of the FLSA.   59.  Defendant has failed to keep records of time spent by employees working off the clock in  violation of 29 U.S.C. § 211(c) and § 215(a).   60.  Indeed, in the performance of their duties for Defendant, members of the FLSA Class often  did work over forty hours per week, yet did not receive overtime compensation for the work, labor,  and services they provided to Defendant, as required by the FLSA, 29 U.S.C. §§ 206 and 207. The  precise number of unpaid overtime hours will be proven at trial.   61.  Representative Plaintiffs propose to undertake appropriate proceedings to have such FLSA  Class Members aggrieved by the Defendant's unlawful conduct notified of the pendency of this  action and join this action as plaintiffs, pursuant to 29 U.S.C. § 216(b), by filing written consents  to join the collective action with the Court.   62.  Defendant's violations of the FLSA were willful violations of the FLSA, within the  meaning of 29 U.S.C. § 255(a).   64.  Representative Plaintiffs incorporate in this cause of action each and every allegation of  the preceding paragraphs, with the same force and effect as though fully set forth herein.   65.  Representative Plaintiffs assert this claim as an F.R.C.P. 23 class action on behalf of  themselves and all other similarly situated workers.   66.  As hereinabove alleged, Battelle has willfully failed to pay to Plaintiffs and other members  of the Colorado Class accrued regular wages under Colorado Wage Act, C.R.S. §§ 8-4-2, et seq.,  and Colorado Minimum Wage Order No. 34, 7 C.C.R. § 1103-1.   67.  Plaintiffs are paid regular wages for 36 hours in each three-day workweek even though  Plaintiffs actually work more than 36 hours in a that workweek. That is, Plaintiffs are not paid  regular wages for the off-the-clock work performed each workday including the work performed  during unpaid meal breaks.   69.  At all relevant times, Battelle had a policy and practice of failing and refusing to pay regular  wages to the Representative Plaintiffs and to Colorado Class members for their hours worked in  excess of 36 hours in a 36-hour work week.   70.  For failing to pay for the above-mentioned work performed by the Colorado class  Plaintiffs, Battelle has violated the regular wage and other provisions of the Colorado Wage and  Hour law.   71.  The Representative Plaintiffs, on behalf of themselves and the Colorado Class members,  seek the amount of their underpayments based on Battelle's failure to pay regular wages for work  performed in excess of 36-hours in a 36-hour work week, as provided by Colorado Wage Act and  Colorado Minimum Wage Order, as well as prejudgment interest, and such other legal and  equitable relief from Battelle's unlawful and willful conduct as the Court deems just and proper.  72.  Representative Plaintiffs incorporate in this cause of action each and every allegation of  the preceding paragraphs with the same force and effect as though fully set forth herein.   74.  Representative Plaintiffs and other employees were and/or are contractual parties with the  Defendants being employers and Plaintiffs being employees.    75.  Representative Plaintiffs were employed by the Defendant pursuant to a written and/or an  oral contract.    76.  Defendant expressly agreed, orally and/or in writing, to pay Representative Plaintiffs and  members of the proposed Colorado Class a specific amount of compensation for each hour worked.    77.  Representative Plaintiffs and each member of the proposed Colorado Class performed his  or her duties under the Defendant’s employment agreement and was entitled to receive the agreed  upon wages.   78.  Defendant failed to pay regular non-overtime wages and other compensation to the  Representative Plaintiffs and members of the proposed Colorado Class for all hours worked.   79.  Specifically, Representative Plaintiffs and each member of the proposed Classes were  required to be actively on-call during their meal periods, and were frequently required to  respond  to calls and perform other work such that they were not free from duties during their meal periods,  and yet, they were not compensated for those meal periods.   81.  Representative Plaintiffs and each member of the proposed Colorado Class suffered  damages because they performed work and were not paid the agreed-upon wages and other  compensation for each hour worked.    82.  The Representative Plaintiffs and the members of the proposed Colorado Class are entitled  to an award of the full amount of the unpaid non-overtime wages, as well as pre- and post-judgment  interest, and such other legal and equitable relief as the Court deems just and proper.  BREACH OF CONTRACT  (Propose Colorado Class)   FOR RELIEF UNLAWFUL FAILURE TO PAY OVERTIME WAGES  (Proposed FLSA Class)   FOR RELIEF UNLAWFUL FAILURE TO PAY REGULAR WAGES  (Proposed Colorado Class)  