12.  Throughout the time period March 27, 2010 through the present, 3PD has employed  and/or jointly employed with retailers around the country, thousands of Drivers to provide home  delivery services to these retailers.   13.  When prospective Drivers apply for a position with 3PD, 3PD requires them to fill  out an application, which requests information such as Drivers’ employment history, driver’s  license information, accident history, and personal references.  The application also asks whether  Drivers are currently working for another employer and whether they intend to continue working  for another employer while working for 3PD.    14.  3PD also requires prospective Drivers to undergo a physical examination and to  submit to drug and alcohol testing.  Drivers must agree to continue to submit to drug and alcohol  testing throughout their employment.     15.  3PD requires its Drivers to sign lengthy form contracts which mischaracterize each  driver as an “independent contractor.”  The contracts are designed to conceal the true nature of the  relationship between 3PD and its drivers which is that of employer and employee.  3PD requires  Drivers to sign these adhesion contracts as a condition of employment as well as to agree to  periodic addenda drafted by Defendant which also constitute adhesion contracts.   41.  From March 6, 2010 through the present, 3PD and Home Depot have jointly  employed thousands of Drivers to provide delivery services to Home Depot.    42.  Specifically, 3PD and Home Depot have the authority to hire and fire Drivers,  supervised and controlled Drivers’ work schedules and conditions of employment; determined  Drivers’ rate and method of payment and maintained employment and other records for Drivers.   43.  Once Drivers are hired, 3PD and Home Depot require them to be on-duty and/or on- call for approximately 10 hours per day, six days per week. 3PD and Home Depot have complete  authority over the hours Drivers are required to work per day, the deliveries they are required to  make and the order of such deliveries.  In light of 3PD’s and Home Depot’s requirement that  Drivers be available to work exclusively for them at least ten hours per day, Drivers are effectively  denied the opportunity to  perform services for other entities during these hours.  Additionally,  3PD and Home Depot require Drivers to respond to calls within thirty minutes.  Again, this  requirement makes it virtually impossible for Drivers to perform services for anyone other than  3PD and Home Depot.   44.  After a customer purchases merchandise, the customer arranges with Home Depot to  have the merchandise delivered by Drivers.  A delivery order is then assigned to a particular  Driver through Home Depot and through 3PD’s “Central Fulfillment” department. Drivers do not  have the discretion or ability to reject a delivery order; once the order is assigned, Drivers are  generally required to accept it.  In other words, 3PD and Home Depot exercise total control over  Drivers’ workloads, work assignments and hours of work.     61.  Plaintiff brings his FLSA claims as a collective action pursuant to 29 U.S.C. §  216(b).  The groups of similarly situated individuals that Plaintiff seeks to represent is defined as  follows:  All current and former Drivers who were employed by Defendant 3PD  to provide  merchandise delivery services  at any time from March 27, 2010 through the present (“the  Driver Collective”).  All current and former Drivers who were employed by Defendant 3PD and/or Defendant  Home Depot to provide merchandise delivery services for Home Depot at any time from  March 27, 2010 through the present (“the Home Depot Collective”).   67.  Plaintiff seeks to maintain his Arizona state law claims as a class action pursuant to  Rule 23 of the Federal Rules of Civil Procedure.  In particular, Plaintiff seeks to certify the  following Rule 23 Classes:  All current and former Drivers who were employed by Defendant 3PD  to provide  merchandise delivery services in the State of Arizona  at any time from March 27, 2010  through the present (“the Driver Class”).  All current and former Drivers who were employed by Defendant 3PD and/or Defendant  Home Depot to provide merchandise delivery services for Home Depot in the State of  Arizona at any time from March 27, 2010 through the present (“the Home Depot Class”).   76.  Plaintiff re-alleges and incorporates the above paragraphs as though fully set forth  herein.   Failure to Pay Wages, Overtime Compensation and Minimum Wage in Violation of the  FLSA, 29 U.S.C. § 207  