 (OHIO PROMPT PAYMENT: FAILURE TO PROMPTLY PAY OVERTIME)   (Brought on Behalf of Plaintiff and All Members of the Prompt Payment Act Class)   (OHIO MINIMUM FAIR WAGE STANDARDS ACT:  UNPAID OVERTIME WAGES)  (Brought on Behalf of Plaintiff and All Members of the OMFWSA Class)   (PENNSYLVANIA MINIMUM WAGE ACT:  UNPAID OVERTIME WAGES)   (Brought on Behalf of Plaintiff and All Members of the PMWA Class)   15.  Defendant employed Plaintiff and the Collective and Class Action Members as  Hourly Employees.    16.  Defendant operated in and around Pennsylvania, Ohio and West Virginia during  the relevant time period.       17.  Defendant maintains control, oversight, and discretion over the operations of  worksites, including employment practices with respect to Plaintiff and the Collective Action  Members.    18.  Plaintiff and the Collective Action Members’ work as Hourly Employees was  integrated into and performed in the normal course of Defendant’s business.   20.  During the relevant period, Hourly Employees were governed by common overtime  pay policies.   21.  During the relevant period, Seven Points Energy Services, Inc. paid its Hourly  Employees on an hourly basis in addition to Safety Surge bonuses which were paid on an hourly  basis. Mr. Crigler was paid an additional $1.25 per hour worked for a Safety Surge bonus, and  other Hourly Employees were similarly paid a Safety Surge bonus by the hour.    22.  The Safety Surge bonuses were not discretionary.   23.  During the relevant period, Seven Points Energy Services, Inc. paid time and a half  overtime but did not include the Safety Surge bonus into the regular rate in calculating the overtime  rate.    24.  Consistent with Defendant’s policy, pattern, and/or practice, Plaintiff and the  Hourly Employees regularly worked in excess of 40 hours per workweek without being paid wages  for all hours worked and without being paid overtime wages, in violation of the FLSA, Ohio law,  and Pennsylvania law.    25.  During the entire time that Plaintiff was employed by Defendant, Plaintiff was not  paid properly for his driving time as detailed herein.    26.  Defendant cannot dispute that it owed Plaintiff and Collective Action Members  overtime compensation for all hours worked over 40.    27.  Plaintiff complained about Defendant’s pay practices to his superiors, but they did  not remedy their failure to pay him for all hours worked.    29.  Plaintiff and all members of the Class and Collective Action were paid in the same  manner.    30.  Defendant is aware of the totality of work that Plaintiff and the Collective Action  Members performed.    31.  This work did not require managerial responsibilities or the exercise of meaningful  decision-making on matters of significance that impacted the business and no interaction with the  management of the home office.    32.  Throughout the Class and Collective Action periods, the primary job duties of  Plaintiff and the Class and Collective Action Members did not include: hiring, firing, disciplining,  or directing the work of other employees, nor exercising meaningful, independent judgment and  discretion.     33.  Defendant’s failure to comply with the FLSA and Ohio and Pennsylvania state laws  has caused Plaintiffs and the Collective Members to suffer lost wages and interest therein.    34.  Defendant is liable under the FLSA and both the Ohio and Pennsylvania wage-and- hour statutes for, inter alia, failing to properly pay overtime wage to Plaintiff and similar  employees.  35.  Plaintiff brings this lawsuit pursuant to 29 U.S.C. § 216(b) as a collective action on  behalf of the Collective Action Members as defined above.   36.  Plaintiff desires to pursue his FLSA claim on behalf of any individuals who opt into  this action pursuant to 29 U.S.C. § 216(b).   38.  Resolution of this action requires inquiry into common facts, including, inter alia,  Defendant’s common compensation, timekeeping, and payroll practices.    39.  Specifically, Defendant failed to pay Plaintiff and the Collective Action Members  the legally required amount of overtime compensation per workweek after including the Safety  Surge bonuses in determining the rate in violation of the FLSA and the regulations promulgated  thereunder, including 29 U.S.C. §§ 207(a)(1), 215(a), 29 C.F.R. § 778.104, and 29 C.F.R. §  778.211(c).    40.  These similarly situated individuals are known to the Defendant, are readily  identifiable, and can be located through Defendant’s payroll records which Defendant was required  to maintain pursuant to the FLSA, Ohio law, and Pennsylvania law, see 29 U.S.C. § 211(c); 29  C.F.R. § 215.2; Ohio Const. art. II, § 34a; 43 P.S. 333.101, et seq.     41.  Conditional certification of this case as a collective matter pursuant to U.S.C. §  216(b) is proper and necessary so that these employees may be readily notified of this action  through direct U.S. mail and/or other means including email and allowed to opt in for the purpose  of collectively adjudicating their claims for overtime compensation, liquidated damages (or,  alternatively, interest), and attorneys’ fees and costs under the FLSA.    43.  Plaintiff, on behalf of himself and all Pennsylvania Class and Collective Action  Members, realleges and incorporates by reference the preceding paragraphs.    44.  Plaintiff and all Members of the Pennsylvania Class assert factually related claims,  pursuant to Fed. R. Civ. P. 23(a), (b)(2), and (b)(3).    45.  Defendant violated the Pennsylvania wage and hour laws because it failed to pay  Plaintiff and the Pennsylvania Class at a rate of 1.5 times their regular hourly rate and Safety Surge  bonuses for hours worked in excess of 40 hours per week, pursuant to 43 P.S. 333.101, et seq.     46.  Although the precise number of the Pennsylvania Class is unknown, Members are  readily identifiable and can be located through Defendant’s records.    48.  Plaintiff is an adequate class representative, is committed to pursuing this action,  and has retained competent counsel experienced in wage and hour law and class action litigation.   49.  Class certification of Plaintiff’s Pennsylvania wage and hour law claim is  appropriate pursuant to Fed. R. Civ. P. 23(b)(2) because Defendant has acted or refused to act on  grounds generally applicable to the class, making appropriate both declaratory and injunctive relief  with respect to the Class as a whole. The Members of the Pennsylvania Class are entitled to  injunctive relief to end Defendant’s common and uniform policy and practice of denying the  Pennsylvania Class the wages to which they are entitled.    50.  Class certification of Plaintiff’s Pennsylvania wage and hour law claim is also  appropriate pursuant to Fed. R. Civ. P. 23(b)(3) because questions of law and facts common to the  Class predominate over 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.    52.  Plaintiff, on behalf of himself and all the Ohio Class Action Members, realleges  and incorporates by reference the preceding paragraphs.    53.  Plaintiff and all members of the Ohio Class assert factually related claims, pursuant  to Fed. R. Civ. P. 23(a), (b)(2), and (b)(3).    54.  Defendant violated the Ohio wage and hour laws because it failed to pay Plaintiff  and the Ohio Class at a rate of 1.5 times its regular hourly rate for hours worked in excess of 40  hours per week, pursuant to Ohio Rev. Code Ann. § 4111.03. 54.    55.  Although the precise number of the Ohio Class is unknown, Members are readily  identifiable and can be located through Defendant’s records.    57.  Plaintiff’s claims are typical of the claims of the Members of the Ohio Class.    58.  Plaintiff is an adequate class representative, is committed to pursuing this action,  and has retained competent counsel experienced in wage and hour law and class action litigation.    59.  Class certification of Plaintiff’s Ohio wage and hour law claim is appropriate  pursuant to Fed. R. Civ. P. 23(b)(2) because Defendant has acted or refused to act on grounds  generally applicable to the class, making appropriate both declaratory and injunctive relief with  respect to the Class as a whole. The Members of the Ohio Class are entitled to injunctive relief to  end Defendant’s common and uniform policy and practice of denying the Ohio Class the wages to  which they are entitled.    60.  Class certification of Plaintiff’s Ohio wage and hour law claim is also appropriate  pursuant to Fed. R. Civ. P. 23(b)(3) because questions of law and facts common to the Class  predominate over 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.    62.  Plaintiff, on behalf of himself and all the Collective Action Members, realleges and  incorporates by reference the preceding paragraphs.   63.  At all relevant times, Defendant has been and continues to be, an employer engaged  in interstate commerce within the meaning of the FLSA, 29 U.S.C. §§ 206(a) and 207(a).   64.  At all relevant times, Defendant employed, and/or continues to employ, Plaintiff  and each of the Collective Action Members within the meaning of the FLSA.   65.  At all relevant times, Defendant had a policy and practice of willfully refusing to  pay its Hourly Employees and all Collective Action Members time and a half of the regular rate  and Safety Surge bonuses.   66.  As a result of Defendant’s willful failure to compensate Plaintiff and the Collective  Action Members for all wages earned and for wages earned at a rate not less than 1.5 times the  regular rate of pay plus Safety Surge bonuses for work performed in excess of 40 hours in a  workweek, Defendant has violated and continues to violate the FLSA, 29 U.S.C. §§ 201 et seq.,  including 29 U.S.C. §§ 207(a)(1), 215(a), and 29 C.F.R. §§ 778.104.   67.  Defendant’s conduct as alleged herein constitutes a willful violation of the FLSA  within the meaning of 29 U.S.C. § 255(a).   69.  Plaintiff, on behalf of himself and all PMWA Class Members, realleges and  incorporates by reference the preceding paragraphs.   70.  At all relevant times, Plaintiff and PMWA Class Members were employed by  Defendant within the meaning of the PMWA, and Defendant was an employer within the meaning  of PMWA.   71.  The overtime wage provisions of the PMWA and its supporting regulations apply  to Defendant.   72.  Defendant willfully violated Plaintiff’s rights and the rights of the PMWA Class by  failing to pay the overtime rate legally required of not less than one and one-half times their regular  rate of regular pay plus Safety Surge bonuses for all hours worked by them in excess of 40 in a  workweek in violation of the PMWA and its regulations.   73.  As a result of Defendant’s willful violations of the PMWA, Plaintiff and the  PMWA Class Members are entitled to recover from Defendant their unpaid overtime wages,  reasonable attorneys’ fees and costs of the action, liquidated damages and pre-judgment and post- judgment interest, including the employer’s share of FICA, FUTA, state unemployment insurance,  and any other required employment taxes, reasonable attorneys’ fees and costs and disbursements  of this action, pursuant to the PMWA.   75.  Plaintiff, on behalf of himself and all the Collective Action Members, realleges and  incorporates by reference the preceding paragraphs.   76.  At all relevant times, Plaintiff and OMFWSA Class Members were employed by  Defendant within the meaning of the OMFWSA, and Defendant was an employer within the  meaning of OMFWSA.   77.  The overtime wage provisions of the OMFWSA and its supporting regulations  apply to Defendant.   78.  Defendant willfully violated Plaintiff’s rights and the rights of the Ohio Class by  failing to pay them the legally required amount of overtime compensation at rates not less than  one and one-half times their regular rate of pay for all hours worked by them in excess of 40 in a  workweek in violation of the OMFWSA and its regulations.   79.  As a result of Defendant’s willful violations of the OMFWSA, Plaintiff and the  OMFWSA Class Members are entitled to recover from Defendant their unpaid overtime wages,  reasonable attorneys’ fees and costs of the action, liquidated damages and pre-judgment and post- judgment interest, including the employer’s share of FICA, FUTA, state unemployment insurance,  and any other required employment taxes, reasonable attorneys’ fees and costs and disbursements  of this action, pursuant to the OMFWSA.   81.  Plaintiff, on behalf of himself and all the Prompt Payment Act Class Members,  realleges and incorporates by reference the preceding paragraphs.   82.  Plaintiff brings this claim for violation of Ohio Revised Code 4113.15, on behalf  of himself and all members of the Ohio Prompt Pay Class for which certification is sought pursuant  to Fed. R. Civ. P. 23.   83.  At all times relevant, Defendant was Plaintiff’s and the Ohio Prompt Pay Class’  employer for purposes of overtime compensation owed.   84.  Defendant violated Ohio Revised Code 4113.15, by failing to pay overtime  compensation to its Hourly Employees including Plaintiff and the Ohio Prompt Pay Class within  thirty days of their regularly scheduled payday.   85.  Ohio Rev. Code Ann. § 4113.15 provides that Defendant, having violated §  4113.15, “is liable to the employee in an amount equal to six per cent of the amount of the claim  still unpaid and not in contest or disputed or two hundred dollars, whichever is greater.”  FAIR LABOR STANDARDS ACT  (Brought on Behalf of Plaintiff and All Putative Collective Action Members)  