                      NYLL § 190, 191, 193, 195 and 198   11. At all times relevant herein, Defendant paid Plaintiff’s wages and made applicable  employment deductions including income and FICA taxes.    12. At all times relevant herein, Defendant issues Plaintiff an IRS W-2 form at the end of each  year of employment with Defendant.    13. At all times relevant herein, Plaintiff was employed by Defendant as a manual worker within  the meaning of NYLL § 191, performing a variety of functions for Defendant including  cleaning and organizing closets, lifting boxes, packing and unpacking garments, data entry,  answering phones etc.    14. Upon information and belief, Plaintiff was employed by Defendant from on or about June 13,  2012 until on or about August 11, 2017.    15. Upon information and belief, and at all times relevant herein, Plaintiff was paid at a regular  rate of about $26 an hour.    16. At all times relevant herein, Plaintiff was not paid at a rate of 1.5 times her regular rate for  overtime hours worked (hours over 40 in a week). For example, for the weekly pay period  ending April 9, 2017, Plaintiff worked at least 45.25 hours and was paid at a regular rate of  $26.76 an hour for 40 hours and for the remaining 5.25 overtime hours, Plaintiff was paid at  a rate of $20.70 an hour instead of the required rate of about $40.14 an hour – the amount of  $936.87 was intended to cover up to 40 hours of work as also reflected in the pay stub for  this pay period. This example is reflective of Defendant’s payment pattern and practice with  respect to Plaintiff and the class.    18. Upon information and belief, and at all times relevant herein, Plaintiff worked approximately  41-47.5 hours a week for Defendant and likely more, 5 days a week and sometimes more.    19. A more precise statement of the hours and wages will be made when Plaintiff Arcos obtains  the wage and time records Defendant was required to keep under the FLSA. Accurate copies  of Plaintiff’s wage and time records that Defendant was required to keep pursuant to 29 USC  211 and 29 CFR 516.    20. Upon information and belief, and at all times relevant herein, Defendant had revenues and/or  transacted business in an amount exceeding $500,000 annually.    21. At all times applicable herein, Defendant conducted business with vendors and other  businesses outside the State of New York.   22. At all times applicable herein and upon information and belief, Defendant conducted  business in interstate commerce involving the purchase of general items such as materials,  equipment and supplies.   23. 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.   24. Defendant as a regular part of its business, engaged in credit card transactions involving  banks and other institutions outside the state of New York.   25. At all times applicable herein and upon information and belief, Defendant transacted  business with insurance companies, banks and similar lending institutions outside the State of  New York.   26. At all times applicable herein and upon information and belief, Defendant utilized the  instrumentalities of interstate commerce such as the United States mail, internet electronic  mail and telephone systems.   28. 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).   29. The violations described and complained of herein as to Plaintiff, also apply to the putative  class members.    30. At all times relevant herein, Defendant did not provide Plaintiff and the putative class with  the notice(s) required by NYLL 195(1).   31. At all times relevant herein, Defendant did not provide Plaintiff and the putative class with  the statement(s) required by NYLL 195(3) – all wage statements provided to Plaintiff and the  putative class did not accurately reflect Plaintiff’s hourly rate and overtime rates, among  other deficiencies.   32. Upon information and belief, and at all times relevant herein, Defendant had tens of millions  of dollars in annual revenues and/or business volume.    33. The “present” or the “present time” as used in this complaint refers to the date this complaint  was signed.  34. Plaintiff alleges on behalf of herself 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 33 above as if set forth fully and at length herein.   36. 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.   37. The class of similarly situated individuals as to the FLSA overtime cause of action is defined  as current and former 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.   38. The class includes but is not limited to current and former employees of Defendant who were  paid the incorrect overtime rate and/or who were not paid for all overtime hours worked as  set forth above and herein.    39. 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 Defendants, upon  information and belief, there are hundreds or thousands of members of the class during the  class period. See https://www.pvh.com/ and http://www.calvinklein.us.    40. The class definition will be refined as is necessary, including after discovery if necessary.   41. 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.   42. 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).   43. 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.   45. Due to Defendant’s FLSA violations, Plaintiff, and all those similarly-situated, are entitled to  recover from Defendant, their unpaid overtime compensation, plus maximum liquidated  damages, attorney’s fees, and costs of the action, pursuant to 29 U.S.C. § 216(b).  46. Plaintiff alleges on behalf of herself and all others similarly situated as class members, and  incorporates by reference the allegations in paragraphs 1 through 44 above as if set forth  fully and at length herein.  62. Plaintiff alleges on behalf of herself and all others similarly situated as class members, and  incorporates by reference the allegations in paragraphs 1 through 61 above as if set forth fully  and at length herein.  63. Plaintiff sues on her 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.   65. The class includes but is not limited to employees who did not receive wage statements for  each and all weeks during their employment, 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.    66. The class definition will be refined as is necessary, including after discovery if necessary.   67. 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 hundreds or thousands of members of the class during  the class period.    68. Upon information and belief, the putative class is so numerous that joinder of all members is  impracticable.   69. Upon information and belief, there are questions of law or fact common to the class – (a)  whether Defendant failed to provide Plaintiffs with the notice(s) required by NYLL 195(1),  and (b) whether Defendant failed to provide Plaintiffs and the putative class with the  statement(s) required by NYLL 195(3).   70. Upon information and belief, the claims of the representative party are typical of the claims  of the class.    71. The representative party will fairly and adequately protect the interests of the class.    72. 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.   74. 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  Plaintiff 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.   75. 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.   76. At all times relevant herein, Defendant failed and willfully failed to provide Plaintiffs and the  class members with the notice(s) required by NYLL 195(1) – Plaintiffs and the class are  therefore entitled to and seek to recover in this action the maximum recovery for this  violation, plus attorneys’ fees and costs pursuant to NYLL 198 including NYLL 198(1-b), as  well as an injunction directing Defendant to comply with NYLL 195(1).   77. 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 seek 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   9. Upon information and belief, and at all times relevant herein, Defendant was engaged in the  clothing and apparel business across the United States and internationally. See  https://www.pvh.com/ and http://www.calvinklein.us.    FAIR LABOR STANDARDS ACT - 29 U.S.C 201 et Seq. (Unpaid Overtime)   NYLL 650 et Seq.  and 12 NYCRR 142-2.2 etc. (Unpaid Overtime)  