14.   Named Plaintiff and others who are similarly situated as name plaintiff are not executive, professional or otherwise exempt from the wage and hour laws.  In essence, Named plaintiff and others who are similarly situated as Named plaintiff, are food service support personnel whose time is controlled by their employers as wage earners; whose duties are required to be followed by employees according to the employers’ dictates and policies; and Named plaintiff was required to attend weekly meetings in which policy and practice was reviewed and enforced by the employers.  15. Named plaintiff brings this action for violations of the FLSA as a collective action pursuant to Section 216(b) of the FLSA, 29 U.S.C. § 216(b), on behalf of all collective action plaintiffs who are similarly situated.  16. Specifically, Named plaintiff seeks to represent a class of all persons who worked or work for defendants as “weekly salaried employee” and who were/are subject to defendants’  unlawful compensation practices and policies at any point from six years prior to the filing of this action the present (members of this putative class are referred to as “Collective Action Plaintiffs”).  18. Named plaintiff will fairly and adequately protect the interests of Collective Action Plaintiffs, because Named plaintiff’s interests are consistent with, and not antagonistic, to those of the Collective Action Plaintiffs.  Named plaintiff has retained counsel with substantial experience in the prosecution of claims involving employee wage and hour and other labor and employment disputes.  19. No difficulties are likely to be encountered in the management of this collective action that would preclude its maintenance as a collective action. The class will be easily identifiable from defendants’ business records, along with their contact information.   20. Similarly-situated employees are known to defendants, are readily identifiable by defendants, and can be located through defendants’ business records. Named plaintiff does not know the exact size of the potential class, as such information is in the exclusive control of defendants; however, on information and belief, the number of potential class members is estimated to be 40 or more.  22. Collective Action Plaintiffs include those who were not paid proper hourly wages, overtime, and lunch hour.  Despite the promise of a one-hour lunch break, in reality, plaintiff and others who are similarly situated were expected to work, and in fact worked, during the lunch hour because that was deemed the “busiest period” of the work day.  All Collective Action Plaintiffs were required to work far more hours than 40 a week and to effectively surrender their lunch hour due to required peak-time productivity.  In all, the Collective Action Plaintiffs routinely worked work days of 13 hours or more, at least five days a week.  24.  The foregoing paragraphs are adopted by reference and incorporated.  25.  Pursuant to Rule 23 of the Federal Rules of Civil Procedure, Named plaintiff  brings this action on behalf of himself and those similarly situated with him (“Class Plaintiffs”).   Specifically, Named Plaintiff seeks to represent a class of all persons who worked or work for defendants in the past four years and who were not paid lawful compensation for their hours.  26. The class is so numerous that the joinder of all class members is impracticable.   Named Plaintiff does not know the exact size of the class, as such information is in the exclusive control of defendants; however, on information and belief, the number of potential class members is estimated to be sufficiently high that individual joinder is not practicable.  27.  Named Plaintiff’s claims are typical of the claims of the putative class members, because each Named Plaintiff, like all Class Plaintiffs, was an employee of defendants and has been damaged as a result of defendants’ violation of the FLSA while defendants-employers have been unjustly enriched through wage theft or knowing miscomputation or other artifice.  29.  No difficulties are likely to be encountered in the management of this class action that would preclude its maintenance as a class action.  The class will be easily identifiable from defendants’ business records.  Upon information and belief, defendants maintain business records in the form of “Job Assignments” which are maintained on a daily, weekly, monthly and yearly bases, which show the employees’ names, work location, the routes serviced, the revenues associated with each employee’s performance and so forth, and other relevant business information, within defendants’ computer systems and in their books and records.  31.  Questions of law and fact that are common to the members of the class predominate over questions that affect only individual members of the class. Among the questions of law and fact that are common to the class are: A. Defendants’ failure to pay proper overtime wages; B. Defendants’ failure to pay lunch hour wages; C. Defendants’ failure to pay spread of hours; D.  Defendants’ failure to pay the employer contribution to social security and other benefits; E. Defendants’ failure to keep and provide to each employee proper wage and hour records. 