1.  Plaintiffs are current or former employees—as defined by 29 U.S.C. §  203(e), and the Colorado Wage and Hour Law—within the last three years, of  Defendant Decker Truck Line, Inc., (“Decker” or “the Company”) in Fort Collins,  Colorado.   10.  All of the deliveries which are the subject of this action occur between the  two New Belgium locations within Fort Collins, Colorado.   11.  After delivering the New Belgium product to the warehouse, the Plaintiffs  drive the trucks back to the brewery to obtain another load of New Belgium product for  delivery to the warehouse.   12.  The Plaintiffs make no other deliveries and drive no other routes during  their scheduled work for Decker.   14.  Decker, however, has improperly and uniformly applied a policy of  treating all Plaintiffs as being exempt or otherwise not covered by those overtime wage  payment requirements.   15.  Decker has improperly and uniformly treated all Plaintiffs as over-the- road interstate truckers subject to an exclusion from the above referenced requirement  to pay the Plaintiffs the time-and-a-half overtime rate for work over 40 hours per work  week.   16.  Decker further, as a uniform policy, required all Plaintiffs to clock in 15  minutes per day before the commencement of each of their scheduled 12 hour shifts to  prepare for and/or to perform their initial work activities, but Decker has not and does  not pay all Plaintiffs for such time worked off-the-clock.   17.  Decker has used a schedule which has all Plaintiffs work during three  days of a work week for a purported 12 hour shift each day (plus the 15 minutes of off- the-clock work, described immediately above); followed the next work week by having  Plaintiffs work during four days for a purported 12 hour shift each day (plus the same  additional 15 minutes of off-the-clock work).   19.  All Plaintiffs have been required to work or be available for work during  their meal break times, and have been paid straight time wages for such work.   2.  Representative Plaintiffs J.R. Deherrera and Jennifer Johnson are current  employees of Decker. All other Plaintiffs and representative Plaintiffs are former  employees of Decker.   20.  In a 12 hour (plus 15 minutes) shift, all Plaintiffs are entitled to three 10  minute duty-free rest breaks under Colorado Wage and Hour Law.   21.  When any of the Plaintiffs work over 40 hours during a work week, they  have been entitled to be paid at the time-and-a-half rate for their overtime under both  the FLSA and under the Colorado Wage and Hour Law.    22.  Decker does not and has not paid any of the Plaintiffs for their overtime  work at time-and-a-half wage rates. Nor has Decker paid any of the Plaintiffs for their  straight time or overtime for a) the 15 minutes a day that they have been required to  clock in to perform preparatory or initial work activities in advance of their scheduled  driving shifts; or 2) their rest periods that should have been provided, but have not  been.   23.  Decker’s actions in failing to pay Plaintiffs for all their hours worked at  the proper rate of pay has been willful, under both the FLSA and under the Colorado  Wage and Hour Law.   3.  Decker is an Iowa corporation that does business within the State of  Colorado.   36.  All Plaintiffs, by this reference, incorporate the allegations set out in  paragraphs 1-35, as if they were set out fully here.   37.  The representative Plaintiffs bring this Claim for Relief on behalf of  themselves, individually, and on behalf of all other Decker drivers, similarly situated,  as a collective action under the FLSA.   38.  All Plaintiffs’ work activities for Decker are and have been non-exempt  work under the FLSA; and for any and all time worked by all Plaintiffs, or to be  credited to all Plaintiffs, during a work week, all Plaintiffs are entitled to pay at their  straight time rate for work under and up to 40 hours or work per work week, and at  time-and-a-half their straight time wages for all work performed over 40 hours per work  week.   39.  Decker has not paid Plaintiffs for all of their time worked under the FLSA  because it has not paid Plaintiffs for the 15 minutes of daily off-the-clock work  described above.    4.  On information and belief, Decker has entered into contractual  agreement(s) with the New Belgium Brewing Company (“New Belgium”) to perform  trucking services for New Belgium within Fort Collins, Colorado.   41.  To the extent Decker does pay Plaintiffs, it has paid Plaintiffs at straight  time rates for any and all work time that it credits to Plaintiffs, and not at the properly  calculated straight time and overtime rates.   42.  Decker’s uniform policies of wrongfully paying only straight time wages  for work performed over 40 hours in a week, and of requiring the Plaintiffs to perform  15 minutes of unpaid off-the-clock work, and/or preparation for work, in advance of  their shifts are and have been willful violations of §§ 203, 206, 207, 216 inter alia, of  the FLSA.   43.  As a result of Defendant’s violation of the FLSA, all Plaintiffs, past and  present, have suffered damages by failing to receive appropriate wages for all hours  worked, including overtime and straight time, in an amount to be determined at trial,  and are entitled to the recovery of such amounts, liquidated damages, pre- and post- judgment interest, their reasonable attorneys’ fees, costs, and such other compensation  and legal remedies; and additionally, such declaratory and injunctive or other equitable  relief, as the law allows.  45.  All Plaintiffs work activities for Decker is and has been non-exempt work  under the Colorado Wage and Hour Law; and for any and all time worked by all  Plaintiffs, or to be credited to all Plaintiffs during a work week, all Plaintiffs are  entitled to pay at their straight time rates for work up to 40 hours of work per work  week, and at time-and-a-half for all of work performed over 40 hours per work week.   46.  Decker has not paid all Plaintiffs for all of their time worked under the  Colorado Wage and Hour Law because it does not pay Plaintiffs for the 15 minutes of  off-the-clock work, and/or preparation for work, described above.   47.  Decker also has not paid Plaintiffs for all of their time worked under the  Colorado Wage and Hour Law because it does not provide Plaintiffs with 10 minute  duty-free paid rest breaks for each four hours of work Plaintiffs performed.     48.  For example, when Plaintiffs work their four day 12 hour shifts as  scheduled by Decker (without counting either the15 minutes of off-the-clock work or  the unpaid rest breaks described above), Decker has paid the Plaintiffs at straight time  rates for the entire 48 hours of work during the work week, and has not paid for eight of  those hours at the Plaintiffs’ time-and-a-half pay rate.   5.  New Belgium is a Colorado-based manufacturer of beer and other  products, which manufactures its products within the area of Fort Collins, Colorado.   50.  Under applicable Colorado Wage and Hour Law, all Plaintiffs have been   entitled to a paid 10 minute duty-free rest period for each four hour period worked  during their shift.   51.  Because Decker has required all Plaintiffs to work through their lunch  breaks, but pays them for that time, all Plaintiffs have worked at or more than three full  four hour periods during each work shift.   52.  All Plaintiffs have been entitled to three paid 10 minute rest periods per  12 hour shift worked, but Decker has never provided or paid for such rest breaks.   53.  The proposed class satisfies the numerosity, commonality, typicality,  adequacy and superiority requirements of Fed. R. Civ. P. 23.   54.  The class satisfies the numerosity standard because it involves scores of  former employees and employees who, on information and belief, are now located both  inside and outside of Colorado, which makes joinder of all members impracticable.   56.  The representative Plaintiffs’ claims are typical of the class because they  have been employed in the same or similar driver position, performed the same or  similar work duties, and have been subject to the same unlawful pay policies and  practices as the class.    58.  The representative Plaintiffs will fairly and adequately protect the  interests of the class, and they have retained counsel experienced and competent in  handling wage and hour class action litigation.   59.  Prosecuting this action on behalf of each class member individually may result in  inconsistent or varying adjudications with respect to individual class members that would  establish incompatible standards of conduct for the party opposing the class and would  substantially impair or impede individual class members’ ability to protect their interests.   60.  Decker has acted or refused to act on grounds that apply generally to the class,  and therefore final injunctive relief or declaratory relief is appropriate with respect to the class as  a whole.   61.  Maintaining this lawsuit as a class action is superior to litigating each individual  class member’s claim separately and will result in a fair and efficient adjudication of this  controversy.    63.  The Court has the resources and ability to effectively manage this class  action.   64.  At all relevant times, the representative Plaintiffs and similarly situated  Decker drivers are entitled to the rights, benefits and protections provided under the  Colorado Wage and Hour Law because they were employees performing labor or  services for the benefit of Decker.  Colo. Rev. Stat. §8-4-101(4), 7 CCR 1103-1.     65.  Decker is subject to the wage and overtime payment requirements of the  Colorado Wage and Hour Law because it is a corporation that employs persons in  Colorado. Colo. Rev. Stat. §8-4-101(5), 7 CCR 1103-1.     66.  Decker had policies and practices that resulted in the Plaintiffs not being  paid the agreed upon rate of pay and overtime for all time worked including work  activities performed at the start of their work shift and for state law mandated rest  breaks, which were uniformly denied to Plaintiffs.   67.   These policies and practices were uniformly applied to all Plaintiffs.    69.  These policies and practices also resulted in Decker failing to fully and  accurately record the hours worked by the Plaintiffs in violation of Colo. Rev. Stat. §8- 4-103(4).   7.  On information and belief, Decker has contracted with New Belgium for  Decker to be paid to transport New Belgium’s beer and other products from its Fort  Collins brewery to and from its Fort Collins warehouse.   70.   Decker willfully violated its legal obligations to pay for all straight and  overtime hours worked by the Plaintiffs because it knew and/or recklessly disregarded  that the Plaintiffs were not paid at the overtime rate for work performed over 40 hours a  week; that it required the Plaintiffs to perform 15 minutes a shift of unpaid off-the- clock work and/or preparation for work; and that it neither granted nor paid for a 10  minute rest break for the Plaintiffs for every 4 hours of work    71.  Because Decker’s actions were willful, Plaintiffs’ claims for relief are  subject to a three-year statute of limitations, pursuant to Colo. Rev. Stat. §8-4-122.   72.  Decker failed to act in good faith or with reasonable grounds to believe  that its acts or omissions were not a violation of the Colorado Wage and Hour Law, and  as a result, Plaintiffs are entitled to penalties under the law.    8.   All Plaintiffs’ work for Decker has consisted of them driving Decker  trucks back and forth between the New Belgium brewery and its warehouse.   9.  The trip that the Plaintiffs make or have made is approximately five miles  in length, one way.    FOR ALL TIME WORKED IN A WORK WEEK AT THE PROPER STRAIGHT  TIME AND OVERTIME PAY RATES    TIME WORKED IN A WORK WEEK AT THE PROPER STRAIGHT TIME   AND OVERTIME PAY RATES   