17.  Plaintiffs bring Count I of this Complaint as a collective action, alleging  violations of the FLSA on behalf of themselves and all similarly situated individuals. This  “Federal Collective Group” is defined as:  all individuals who, through a contract with Defendants or otherwise, distribute  or distributed for Defendants under agreements with Flowers Baking Company  of Lafayette,  L.L.C.; or Flowers Baking Company of Baton Rouge, L.L.C.; or  Flowers Baking Company of Alexandria, L.L.C.; or Flowers Baking Company of  New Orleans, L.L.C., and who were classified by Defendants as “independent  contractors” (collectively “Covered Positions”) anywhere at any time in the  United States from the date that is three years preceding the commencement of  this action through the close of the Court-determined opt-in period and who  file a consent to join this action pursuant to 29 U.S.C. § 216(b).  The “Federal Collective Group” includes the named Plaintiffs in this action. Plaintiffs reserve  the right to modify this definition prior to conditional certification of the collective group.  6  #323127   18.  Plaintiffs, along with current and former employees of Defendants in Covered  Positions, are similarly situated in that they have substantially similar job requirements, pay  provisions, and are subject to Defendants’ common practice, policy, or plan of controlling their  daily job functions.   19.  Defendants regularly permitted, required and encouraged Plaintiffs and members  of the Federal Collective Group to work more than 40 hours per week without overtime  compensation.   20.  Upon information and belief, Defendants knew that Plaintiffs and all similarly  situated individuals performed work that required overtime pay.   21.  Defendants have therefore operated under a scheme to deprive these employees of  overtime compensation by failing to properly compensate them for all time worked.   22.  Defendants’ conduct, as set forth in this Complaint, was willful and has caused  significant damages to Plaintiff and all similarly situated individuals.   23.  Count I of this Complaint for violations of the FLSA may be brought and  maintained as an “opt-in” collective action pursuant to 29 U.S.C. § 216(b) because the claims of  the Plaintiffs are similar to the claims of current and former “independent contractors” who  worked for Defendants.   24.  Defendants are liable under the FLSA for failing to properly compensate Plaintiffs  and all similarly situated individuals, and notice of this lawsuit should be sent to them. Those  similarly situated employees are known to Defendants and are readily identifiable through  Defendants’ records.  7  #323127  32.  Defendant Flowers Foods is a corporation whose business consists of  manufacturing, selling and distributing bakery and snack food products to retail customers.  Flowers Foods’s bakeries and warehouses are operated in Louisiana by Defendants Flowers  Baking Company of Lafayette,  L.L.C.; Flowers Baking Company of Baton Rouge, L.L.C.;  Flowers Baking Company of Alexandria, L.L.C.; and Flowers Baking Company of New Orleans,  58.  Plaintiffs re-allege and incorporate by reference each and every allegation set  forth in the preceding Paragraphs.  16  #323127   59.  Section 206(a)(1) of the FLSA provides in pertinent part:  Except as otherwise provided in this section, no employer shall employ any  of his employees who in any work week is engaged in commerce or in the  production of goods for commerce, for a work week longer than forty hours  unless such employee receives compensation for his employment in excess of  the hours above specified at a rate not less than one and one-half times the  regular rate at which he is employed.  29 U.S.C. § 207(a)(1).   60.  There are no exemptions applicable to Plaintiffs or to other members of the  Federal Collective Group.   61.  For purposes of the FLSA, the employment practices of Defendants were and are  uniform in all respects material to the claims asserted in this Complaint throughout the portions  of United States in which Defendants conduct business.   62.  Plaintiffs and the other members of the Federal Collective Group, either regularly  or from time to time, worked more than 40 hours per week, but did not receive overtime pay.   63.  At all relevant times, Defendants have had gross operating revenues in excess of  $500,000.   64.  In committing the wrongful acts alleged to be in violation of the FLSA,  Defendants acted willfully in that they knowingly, deliberately, and intentionally failed to pay  overtime premium wages to Plaintiffs and other members of the Federal Collective Group.   65.  As a result of Defendants’ failure to pay overtime premium wages, Plaintiffs and  the other members of the Federal Collective Group were damaged in an amount to be proved at  trial.   66.  Therefore, Plaintiffs demand that they and the other members of the Federal  Collective Group be paid overtime compensation as required by the FLSA for every hour of  17  #323127  overtime worked in any work week for which they were not compensated, plus interest,  damages, penalties, and attorneys’ fees as provided by law.  67.  Plaintiffs re-allege and incorporate by reference each and every allegation set  forth in the preceding Paragraphs.   68.  It is unlawful under Louisiana law for an employer to require or permit an  employee to work without paying compensation for all hours worked.   69.  It is unlawful under Louisiana law for an employer to require or permit a non- exempt employee to work in excess of 40 hours per week without paying overtime. Kidder v.  Statewide Transp., Inc., 2013-594 (La. App. 3 Cir. 12/18/13), 129 So. 3d 875.   70.  It is unlawful under Louisiana law for an employer to make deductions from  employee wages except “in cases where the employees willfully or negligently damage goods  or works, or in cases where the employees willfully or negligently damage or break the  property of the employer, or in cases where the employee is convicted or has pled guilty to the  crime of theft of employer funds”.  La. Rev. Stat. Ann. 23:635.   71.  Defendants, through their policies and practices described above, willfully  violated La. Rev. Stat. Ann. 23:631-635 throughout the Louisiana  Class Period, and continuing  through the present, as follows:  a.  By failing to pay Plaintiffs and other members of the Class their earned wages  for all hours worked;  b.  By failing to pay Plaintiffs and other members of the Class overtime pay;  18  #323127  c.  By making deductions from wages in violation of La. RS 23:635;  d.  By failing to make, keep, and preserve accurate time records with respect to the  Plaintiffs and other members of the Class sufficient to determine their wages and  hours; and  e.  By other practices.   72.  Defendants’ actions, described above, constitute continuing willful violations of  La. R.S. 23:631-635, et seq.   73.  As set forth above, Plaintiffs and other members of the Louisiana Class have  sustained losses in compensation as a proximate result of defendants’ violations of law.  Accordingly, the Plaintiffs, on behalf of themselves and the Louisiana Class members, seek  damages in the amount of their unpaid earned compensation, plus liquidated damages, and  attorney’s fees and costs  as provided by La. R.S. 23:631-635.   74.  Plaintiffs request a jury trial on all issues of all claims.  FAILURE TO PAY OVERTIME  TO THE FEDERAL COLLECTIVE GROUP  FLSA, 29 U.S.C. §§ 201 et seq.  (on behalf of the named Plaintiffs and the Federal Collective Group)   VIOLATION OF THE LOUISIANA PAYMENT OF EMPLOYEES LAW  Louisiana Revised  Statutes  23:631, et seq.  (Brought by Plaintiffs Richard, Richard, Meche, Doucet, Rabeaux and Louviere on behalf of  themselves and the Louisiana Class)  