65.  Plaintiffs brings the First Cause of Action on behalf of themselves and the  following collective: an opt-in collective pursuant to 29 U.S.C. § 216(b) of all employees  Premier classified as non-exempt from overtime, employed by Premier as in-house staff (and  who did not supervise other in-house staff) within the State of New York, for the period of time  of such non-exempt classification, within the three years prior to opting into the instant action  through the resolution of their FLSA claims (the “In-House Staff Collective”).   66.  Defendant is liable under the FLSA for, inter alia, failing to properly compensate  Plaintiffs and other similarly situated members of the In-House Staff Collective with overtime  premium compensation.   67.  At all times relevant, consistent with Defendant’s policy, practice, and/or  procedure, Plaintiffs and the other members of the FLSA In-House Staff Collective, were not  paid all overtime premium compensation due when they worked over 40 hours in a workweek.   69.  At all times relevant, as part of its regular business practice, Premier has  intentionally, willfully, and/or not in good faith engaged in a policy, practice, and/or procedure  of violating the FLSA with respect to Plaintiffs and the members of In-House Staff Collective.   This policy, practice, and/or procedure included willfully failing to pay Plaintiffs and the  members of the In-House Staff Collective all overtime premium wages due for hours that they  worked in excess of 40 hours in a workweek.   70.  Premier is aware, or should have been aware, that federal law required Premier to  pay Plaintiffs and the members of the In-House Staff Collective overtime premiums for all hours  worked in excess of 40 per workweek.     71.  The In-House Collective consists of many similarly situated individuals to whom  Premier has not paid all of the required overtime premiums due, who would benefit from the  issuance of a court-supervised notice of the lawsuit and the opportunity to join the lawsuit.     72.  Those similarly situated collective members are known to Premier, are readily  identifiable, and can be located through Premier’s records.     73.  Upon information and belief, at all times relevant, Defendant’s annual gross  volume of sales made or business done was not less than $500,000.   74.  Notice should be sent to the members of the In-House Staff Collective pursuant to  29 U.S.C § 216(b).  75.  Plaintiffs bring the second and third causes of action under Rule 23 of the Federal  Rules of Civil Procedure.   77.  Excluded from the In-House Staff Class are Defendant, Defendant’s legal  representatives, officers, directors, assigns, and successors, or any individual who has, or at any  time during the class period has had, a controlling interest in Defendant; the Judge(s) to whom  this case is assigned and any member of the Judge’s immediate family; all current or former in- house staff employees of Premier with claims against Defendant filed in state or federal court  prior to the filing of this Class and Collective Action Complaint, and all persons who will submit  timely and otherwise proper requests for exclusion from the In-House Staff Class.   78.  Plaintiffs are members of the class that they seek to represent.   79.  The members of the In-House Staff Class identified herein are so numerous that  joinder of all members is impracticable.  Although Plaintiffs do not know precisely how many  In-House Class Staff Class members Premier has employed during the relevant time period, upon  information and belief, their number is far greater than can be feasibly addressed through joinder.   81.  The Representative Plaintiffs’ claims are typical of the claims of the class.     82.  Plaintiffs and the In-House Staff Class were subject to the same or very similar  compensation policies and practices and have sustained the same or similar types of damages as  a result of Defendant’s violations of the NYLL.   84.  Class certification is appropriate pursuant to Fed. R. Civ. P. 23(b)(2) because  Defendant has acted and/or refused to act on grounds generally applicable to the class, making  declaratory and/or injunctive relief appropriate with respect to Plaintiffs and the class as a whole.   The class members are entitled to declaratory and/or injunctive relief as to Defendant’s  violations, including, but not limited to, pursuant to NYLL § 198(1)(1-b), (1)(1-d).   85.  Class certification is appropriate pursuant to Fed. R. Civ. P. 23(b)(3) because  common questions of fact and law predominate over any questions affecting only individual  members of the class, and because a class action is superior to other available methods for the  fair and efficient adjudication of this litigation.  The members of the class have been injured and  are entitled to recovery as a result of common illegal practices.   87.  Those similarly situated members of the In-House Staff class are known to  Premier, are readily identifiable, and can be located through Premier’s records.     88.  The members of the class have been injured and are entitled to damages,  necessitating the resolution of common issues regarding the calculation of class damages.    89.  Upon information and belief, at all times relevant, Defendant had a policy,  practice, and/or procedure of classifying Plaintiffs and the members of the In-House Staff  Collective and In-House Class as non-exempt hourly workers entitled to overtime.    90.  At all times relevant, Defendant had a policy, practice, and/or procedure of failing  to pay Plaintiffs, and members of the In-House Staff Collective and In-House Staff Class,  overtime premiums for all hours worked over forty hours a week.    91.  This policy, practice, and/or procedure of failing to pay all overtime wages due  included, as stated in Defendant’s employee manual applicable to New York Premier employees  for all or some of the relevant period, that: “[a]n employee must work over 43.75 hours in order  to be eligible for overtime pay during a normal work [sic] with no time off other than meal  breaks.” (emphasis added).   92.  Premier’s employee manual applicable to New York employees for all or some of  the relevant period also stated that “time off for lunch breaks, holidays, sick leave, vacation  leave, or any leave of absence will not be considered time worked for purposes of overtime  calculations.”   94.  Upon information and belief, the only year that Defendant even attempted to  provide a notice required by NYLL § 195(1) to Plaintiffs, or members of the In-House Staff  Class, was during 2014.    95.  At all times relevant, Defendant had a policy, practice, and/or procedure of failing  to provide Plaintiffs and the members of the In-House Staff Class, with compliant NYLL §  195(3) wage statements with each payment of wages, including because such wage statements,  did not contain the telephone number of Defendant (and/or its predecessors) and/or did not  provide accurate statements of the amount of straight time hours actually worked, the amount of  overtime hours actually worked, and/or the amount of vacation time actually taken.  96.  Plaintiffs re-allege and incorporate by reference all allegations in the preceding  paragraphs.   97.  At all times relevant, Plaintiffs and the members of the In-House Staff Collective  were employed and/or jointly employed by Defendant within the meaning of the FLSA.   98.  The overtime wage provisions set forth in §§ 201 et seq. of the FLSA applies to  Plaintiff and the members of the In-House Collective.    Fair Labor Standards Act - Overtime Violations  (Brought on behalf of Plaintiffs and the Members of the In-House Staff Collective)  