    (Collective Action Claim for Violation of FLSA)     (Individual Claim for Violation of FLSA)   17.  Plaintiff repeats and re-alleges all previous paragraphs of this Complaint as  though fully incorporated herein.   18.  During Plaintiff’s employment, Defendant classified Plaintiff as non-exempt from  the overtime requirements of the FLSA and paid Plaintiff an hourly wage.   19.  Defendant’s apartment complex operates twenty-four (24) hours per day, seven  (7) days per week.    20.  Plaintiff’s duties during regular business hours included almost entirely office  work, including processing move-ins and move-outs, evictions, and paperwork for federal rental  assistance.    21.  Defendant required that Plaintiff clock out at 5 o’clock pm, but often required her  to continue to work after clocking out.    23.  Plaintiff filled the role of maintenance staff and took care of tenants’ repair and  maintenance requests.    24.  Plaintiff does not seek compensation for time spent merely “on call,” but instead  for actual “call-out” time when Plaintiff was called upon to perform job duties after regular  hours.    25.  Plaintiff and all other hourly-paid employees who lived on-premises were  classified as hourly employees and paid an hourly rate.   26.  Plaintiff and other hourly-paid employees worked in excess of forty (40) hours  per week on a regular, typical basis while working for Defendants.   27.  Defendant was aware of Plaintiff’s and all other similarly situated employees’ off- the-clock work that was performed after hours but failed to pay them for most of that work.    28.  As a result of Defendant’s policy requiring Plaintiff and similarly situated  employees to perform maintenance and repair work after hours, they performed uncompensated  labor.    29.  In addition to the hourly rate, Plaintiff and similarly situated employees received  rent credit.    30.  These rent credits were a form of compensation to the Plaintiff and similarly  situated employees.    32.  Defendants knew or showed reckless disregard for whether its actions violated the  33.   Section 778.208 of Title 29 of the Code of Federal Regulations requires that all  forms of compensation, such as rent discounts, “must be totaled in with other earnings to  determine the regular rate on which overtime pay must be based.”    33.  Plaintiff repeats and re-alleges all the preceding paragraphs of this Original  Complaint as if fully set forth in this section.   34.  Plaintiff brings this claim for relief for violation of the FLSA as a collective  action pursuant to Section 16(b) of the FLSA, 29 U.S.C. § 216(b).   34.  Therefore, Defendant violated the FLSA by not including all forms of  compensation, such as the rent discount, in the regular rate when calculating Plaintiff’s and  similarly situated employees overtime pay.   35.  Plaintiff brings her FLSA claim on behalf of all other hourly-paid employees who  lived on-premises and were employed by Defendants at any time within the applicable statute of  limitations period, who were classified by Defendants as non-exempt from the overtime  requirements of the FLSA, and who are entitled to payment of the following types of damages:  A.  Payment for all hours worked, including payment of a lawful overtime premium  for all hours worked for Defendants in excess of forty (40) hours in a workweek; and  B.  Liquidated damages; and  C.  Attorney’s fees and costs.   37.  The members of the proposed FLSA Collective are similarly situated in that they  share these traits:  A.  They were classified by Defendants as non-exempt from the overtime  requirements of the FLSA;  B.  They were paid hourly rates;  C.  They recorded their time in the same manner;   D.   They lived on Defendants’ premises and received a rent credit; and  E.  They were subject to Defendants’ common policy of improperly calculating  overtime pay for hours worked over forty (40) per work week.   38.  Plaintiff is unable to state the exact number of the potential members of the FLSA  Collective but believe that the group exceeds one hundred (100) persons.   39.  Defendants can readily identify the members of the Section 16(b) Collective.  The  names, physical addresses, electronic mailing addresses and phone numbers of the FLSA  collective action Plaintiff are available from Defendants, and a Court-approved Notice should be  provided to the FLSA collective action Plaintiff via first class mail, email and text message to  their last known physical and electronic mailing addresses and cell phone numbers as soon as  possible, together with other documents and information descriptive of Plaintiff’s FLSA claim.  VI.  42.  29 U.S.C. § 207 requires employers to pay employees one and one-half (1.5)  times the employee’s regular rate for all hours that the employee works in excess of forty (40)  per week.  29 U.S.C. § 207.   43.  Defendant classified Plaintiff as non-exempt from the overtime requirements of  the FLSA.    44.  Defendant violated 29 U.S.C. § 207 by not paying Plaintiff a proper overtime rate  of compensation for all hours worked in excess of forty (40) per workweek.    45.  Defendant violated Section 778.208 of Title 29 of the Code of Federal  Regulations by not including all forms of compensation, including rent discounts, for Plaintiff in  her regular rate when calculating her overtime pay.   46.  Defendant’s conduct and practice, as described above, has been and is willful,  intentional, unreasonable, arbitrary and in bad faith.   47.  By reason of the unlawful acts alleged in this Complaint, Defendant is liable to  Plaintiff for, and Plaintiff seeks, unpaid overtime wages, liquidated damages, and costs,  including reasonable attorney’s fees as provided by the FLSA.   48.  Alternatively, should the Court find that Defendant acted in good faith in failing  to pay Plaintiff as provided by the FLSA, Plaintiff is entitled to an award of prejudgment interest  at the applicable legal rate.  49.  Plaintiff repeats and re-alleges all the preceding paragraphs of this Original  Complaint as if fully set forth in this section.   51.  Plaintiff brings this action on behalf of herself and all hourly-paid employees who  lived on-premises, former and present, who were affected by Defendant’s willful and intentional  violation of the FLSA.    52.  29 U.S.C. § 207 requires employers to pay employees one and one-half (1.5)  times the employee’s regular rate for all hours that the employee works in excess of forty (40)  per week.  29 U.S.C.S. § 207.   53.  Defendant violated Section 778.208 of Title 29 of the Code of Federal  Regulations by not including all forms of compensation, such as rent discounts, given to Plaintiff  and those similarly situated in their regular rate when calculating their overtime pay.   54.  In the past three years, Defendant have employed more than one hundred (100)  hourly-paid employees who lived on-premises.   55.  Upon information and belief, Plaintiff and all or almost all hourly-paid employees  who lived on-premises regularly worked more than forty (40) hours in a week.    56.  Upon information and belief, Defendant failed to pay these workers at the proper  overtime rate.     57.  Because these employees are similarly situated to Plaintiff, and are owed overtime  for the same reasons, the opt-in collective may be properly defined as:   All hourly-paid employees who lived on-premises within the three (3)  years preceding the filing of the Complaint, to whom Defendants gave  a rent discount or credit for a period covering at least one week in  which the employee worked more than forty (40) hours.   59.  By reason of the unlawful acts alleged in this Complaint, Defendant is liable to  Plaintiff and all those similarly situated for, and Plaintiff and all those similarly situated seek,  unpaid overtime wages, liquidated damages, and costs, including reasonable attorney’s fees as  provided by the FLSA.   60.  Alternatively, should the Court find that Defendant acted in good faith in failing  to pay Plaintiff and all those similarly situated as provided for by the FLSA, Plaintiff and all  those similarly situated are entitled to an award of prejudgment interest at the applicable legal  rate. 