11.  Upon information and belief, Restaurant Depot employs over one thousand  employees.  Plaintiff James Goodman   12.  On or about April 15, 2018, Plaintiff James Goodman commenced working for  Restaurant Depot in Milwaukee, Wisconsin.  He began work as a cashier, and generally worked  40 hours per week.   13.  When he was hired, he was told by management that his initial salary would  $10.00 per hour, and that after sixty days, it would be raised to $10.50 per hour.   14.  One week after starting, he was given the opportunity to work in the Seafood  Department, by Branch Manager Al Savinski.  He was told that upon accepting, he would  receive an immediate pay raise to $10.75 per hour.  Further, Al Savinski stated after he  completed sixty days of employment, his hourly salary would increase to $11.00 per hour.   15.  Plaintiff  Goodman  accepted  that  position  based  upon  management’s  representation.   16.  Despite accepting the new position and working in seafood, Plaintiff Goodman's  paychecks did not reflect his properly hourly rate of $10.75 per hour.  Plaintiff Goodman initially  pointed this out this error to the Human Resources Manager named Linda, last name unknown.   17.  Despite these complaints, the error was not fixed.   18.  Beginning in June 2018, Plaintiff Goodman's salary was $11.00 per hour, but his  paycheck still reflected the original $10.00 per hour.     20.  Plaintiff Goodman complained against to Human Resource Manager Linda, and  she informed Plaintiff Goodman that the raise from $10.00 to $10.50 was a Union raise.   21.  On or about August 12, 2018, Al Savinski was terminated as Branch Manager.     22.  Plaintiff Goodman continued to protest to management, including Tim, a  Regional Manager.   23.  During this time frame, Plaintiff Goodman worked over forty hours per week on  numerous occasions.  He was paid overtime based on his incorrect hourly rate, and he did not  receive all of the overtime pay he was entitled to.   24.  Also in early August, 2018, Restaurant Depot, through Human Resource Manager  Linda, announced an incentive award of $1,000 to be paid to each employee who remained with  the Restaurant Depot through October 1, 2018.   25.  Plaintiff James Goodman remained employed by Restaurant Depot through  October 1, 2018, but he did not receive the incentive award.   Plaintiff Dominic Schroeder   26.  Plaintiff Dominic Schroeder began working for Restaurant Depot in February,  2018.  His initial rate of pay was $9.50 per hour.   27.  At the time of his hire, Branch Manager Al Savinski informed Mr. Schroeder that  his pay rate would be increased to $11.00 per hour starting in May, 2018.   28.  However in May 2018, Mr. Schroeder received a raise to $9.75 per hour.  In May,  2018, Mr. Schroeder complained to Branch Manager Al Savinski, who promised to have payroll  correct the error.  No correction was ever made.   30.  During this time frame, Plaintiff Schroeder worked over forty hours per week on  many occasions.  He was paid overtime based on his incorrect hourly rate, and he did not receive  all of the overtime pay he was entitled to.   31.  Also in early August, 2018, Restaurant Depot, through Human Resource Manager  Linda, announced an incentive award of $1,000 to be paid to each employee who remained with  the Restaurant Depot through October 1, 2018.   32.  Plaintiff Dominic Schroeder remained employed by Restaurant Depot through  October 1, 2018, but he did not receive the incentive award.    33.  29 U.S.C. § 207(a)(1) provides:   Except as otherwise provided in this section, no employer shall employ any of his  employees who in any workweek is engaged in commerce or in the production of  goods for commerce, or is employed in an enterprise engaged in commerce or in  the production of goods for commerce, for a workweek 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.   34.   29 U.S.C. §§ 211(c) provides:  Every employer subject to any provision of this chapter or of any order issued  under this chapter shall make, keep, and preserve such records of the persons  employed by him and of the wages, hours, and other conditions and practices of  employment maintained by him, and shall preserve such records for such periods  of time, and shall make such reports therefrom to the Administrator as he shall  prescribe by regulation or order as necessary or appropriate for the enforcement of  the provisions of this chapter or the regulations or orders there-under. The  employer of an employee who performs substitute work described in section  207(p)(3) of this title may not be required under this subsection to keep a record  of the hours of the substitute work.   35.  29 U.S.C. § 215(a)(5) provides that it shall be unlawful “to violate any of the  provisions of section 211(c) of this title.”   37.  Wis. Stats. § 104.09 provides:  Each employer shall keep a record of the names and addresses of all student  learners and employees, the hours of employment and wages of each, and such  other records pertaining to ability as the department requires, except that an  employer is not required to keep a record of the hours of employment of an  employee who is exempt under rules promulgated by the department from the  requirement under s. 103.02 that an employee be paid overtime compensation, as  defined in s. 103.025 (1) (c), and who is not compensated on an hourly rate basis.   38.  Wis. Stats. § 109.03, in relevant part, provides: “Every employer shall as often as  monthly pay to every employee engaged in the employer’s business, except those employees  engaged in logging operations and farm labor, all wages earned by the employee to a day not  more than 31 days prior to the date of payment.”   39.  Wis. Admin. Code § DWD 272.10, in relevant part, provides: “An employer shall  state clearly on the employee's paycheck, pay envelope, or paper accompanying the wage  payment the number of hours worked, the rate of pay and the amount of and reason for each  deduction from the wages due or earned by the employee….”   40.  Wis. Admin. Code § DWD 272.11(1) provides: “Every employer shall make and  keep for at least 3 years payroll or other records for each of their employees which contain: ….  (d) Time of beginning and ending of work each day. …. (f) Total number of hours worked per  day and per week.”   41.  Wis. Admin. Code § DWD 274.03 provides: “Except as provided in s. DWD  274.08, each employer subject to this chapter shall pay to each employee time and one-half the  regular rate of pay for all hours worked in excess of 40 hours per week.”   43.  Plaintiffs incorporate by reference as if fully set forth herein the allegations  contained in the preceding paragraphs of this Complaint.   44.  Retention bonuses are wages pursuant to Wis. Stats. § 109.01(3), which  specifically includes “bonuses” within the definition of wages.    45.  Plaintiffs satisfied the Defendant’s announced conditions for earning the retention  bonuses.   46.  Defendant refused to pay the retention bonuses.   47.  Plaintiffs have a statutory right to sue for payment of wages.  Wis. Stats. §  109.03(5).   48.  Plaintiffs have been injured by Defendant’s refusal to pay wages.  49.  Plaintiffs incorporate by reference as if fully set forth herein the allegations  contained in the preceding paragraphs of this Complaint.   50.  Plaintiffs were entitled to be paid at the rates contracted for with Defendant.   51.  Defendants have failed to pay Plaintiffs their wages earned pursuant to Wis.  Stat. §§ 104.02 and 109.03, and Wis. Admin. Code § DWD 272.03 by not compensating  them at the rates agreed to by the Plaintiffs and the Defendant.  52.  Plaintiffs incorporate by reference as if fully set forth herein the allegations  contained in the preceding paragraphs of this Complaint.   53.  During the three (3) years preceding this action, or since the commencement  of employment (whichever is applicable), Defendant has failed to pay Plaintiffs and the Class  Members earned retention bonuses.   54.  As a matter of law, the retention bonuses must be included when calculating the  “regular rate of pay.”   See 29 U.S.C. § 207(e)(3).   55.  Defendant failed to account for the retention bonuses in Plaintiffs’ regular rate of  pay, and therefore, Defendant has failed to pay Plaintiffs and the Class Members at the rate  of one and one half (1 1/2) times their regular hourly rate of pay for all hours that they  worked in excess of 40 hours in a single week, as required under 29 U.S.C. § 207(a) and Wis.  Admin DWD §274.03.   56.  Defendant’s violation of 29 U.S.C. § 207(a) is "willful" within the meaning  of 29 U.S.C. § 255(a).  57.  Plaintiff brings this action on behalf of a Class, consisting of (a) all natural  persons in the State of Wisconsin (b) who were employed by Restaurant Depot, Inc. as an hourly  employee, (c) within the last three (3) years, inclusive.   58.  The Class is so numerous that joinder is impracticable. On information and belief,  there are more than 50 members of the Class.   60.  Plaintiffs’ claims are typical of the claims of the Class members. All are based on  the same factual and legal theories.   61.  Plaintiffs will fairly and adequately represent the interests of the Class members.  Plaintiffs have retained counsel experienced in consumer credit and debt collection abuse cases.   62.  A class action is superior to other alternative methods of adjudicating this dispute.   Individual cases are not economically feasible. 