(12 N.Y.C.R.R. § 142-2.4: Spread of Hours or Split Shift)   (FLSA: Failure to Pay Overtime Compensation)   (NYLL: Failure to Pay Overtime Compensation)   (NYLL: Failure to Furnish Wage Statements)   10.  XPO Logistics meets the definition of an “employer” under the FLSA. By way of  examples only, XPO Logistics controls how much the FLSA Collective Action members are  paid, maintains all-time records for the FLSA Collective Action members, assigns and supervises  all of the tasks given to the FLSA Collective Action members, and maintains and exercises  control as to how the FLSA Collective Action members are to perform their tasks.    11.  Each of the FLSA Collective Action members are or were non-exempt employees  entitled to overtime compensation for hours worked in excess of 40 hours (but less than 51  hours) per workweek.   12.  However, at all times during the FLSA Collective Action period, XPO Logistics  failed to pay the Collective Action members overtime premiums for hours worked in excess of  40 hours (but less than 51 hours) per workweek.   14.  There are, upon information and belief, more than 40 similarly situated current  and former employees of Defendant who were subject to the aforementioned policies in violation  of the FLSA who would benefit from the issuance of a Court-supervised notice of the present  lawsuit and the opportunity to join in the present lawsuit.  Those similarly situated individuals  are known to Defendant and are readily identifiable through records.  15.  Plaintiff brings this action as a class action pursuant to Rule 23 of the Federal  Rules of Civil Procedure on behalf of the following defined class:  New York Class: All persons who are or have been employed by XPO  Logistics as dock workers, or other similar jobs, at any location operated by  XPO Logistics in New York from six (6) years prior to this action’s filing  date through the date of the final disposition of this action and who were  subject to XPO Logistics’ unlawful practice of (i) failing to pay applicable  overtime premiums for hours worked in excess of 40 hours (but less than  51 hours) per workweek, (ii) failing to pay applicable spread of hours or  split shift compensation; and (iii) failing to furnish wage statements that  specifically enumerated certain criteria, as required by NYLL § 195(3).   16.  At all times during the time period relevant to the New York Class, XPO  Logistics, as a matter of policy, (i) did not pay Plaintiff or the New York Class any wages or the  applicable overtime premium pay rate for hours worked in excess of 40 hours (but less than 51  hours) per workweek; (ii) did not pay Plaintiff or the New York Class spread of hours or split  shift compensation; and (iii) failed to furnish correct and accurate wage statements required by  the NYLL.    18.   XPO Logistics failed to make, keep and/or preserve accurate records with respect  to Plaintiffs and the New York Class and failed to furnish to Plaintiff and the New York Class an  appropriate statement of wages, in violation of the NYLL and supporting New York State  Department of Labor regulations.     19.  Numerosity: The proposed New York Class is so numerous that joinder of all  members is impracticable. Upon information and belief, during the relevant time period, XPO  Logistics employed in excess of 40 people who fall within the New York Class and thus satisfy  the numerosity definition of the proposed New York Class.   20.  Typicality: Plaintiff’s claims are typical of the members of the proposed New  York Class.  During the New York Class period, XPO Logistics subjected Plaintiff and the  members of the New York Class to the same policy and practice of failing to pay them minimum  wage and overtime compensation required by the NYLL.     21.  Superiority: A class action is superior to other available methods for the fair and  efficient adjudication of the controversy.   22.  Adequacy: Plaintiff will fairly and adequately protect the interests of the proposed  New York Class and have retained counsel experienced in FLSA and NYLL class and collective  action litigation.   24.  The case is maintainable as a class action under Fed. R. Civ. P. 23(b)(1) because  prosecution of actions by or against individual members of the class could result in inconsistent  or varying adjudications and create the risk of incompatible standard of conduct for Defendant.   Further, adjudication of each individual member’s claim as a separate action would be  dispositive of the interest of other individuals not party to this action, impeding their ability to  protect their interests.   26.  Plaintiffs intend to send notice to all members of the New York Class to the  extent required by Rule 23. The names and addresses of the New York Class are available from  Defendants.  27.  As outlined above, Defendant employed Plaintiff as a dock worker from  approximately July 10, 2017, until November 4, 2017.   28.  As a dock worker, Plaintiff and other members of the proposed collective and  Rule 23 classes were primarily responsible for unloading trucks and maintaining the cleanliness  of the dock.   29.  At all times during employment, Defendant classified Plaintiff as a non-exempt  employee entitled to the protections of the FLSA and NYLL.   30.   Defendant compensated Plaintiff on an hourly basis at a rate of $16.69 per hour.    31.  During most weeks of employment, Defendant required Plaintiff to work in  excess of 40 hours per week.   33.  Defendant did not compensate Plaintiff with overtime at a rate of one-and-one- half times for hours worked in excess of 40 (but less than 51) per workweek.   34.  In or around November 2017, Plaintiff inquired to management about his  entitlement to overtime. In response, he was told that he was only entitled to receive overtime  after working 51 hours. Shortly after, management fired Plaintiff giving him no explanation  other than that his services were “no longer needed.”  35.  Plaintiff alleges and incorporates by reference the allegations in the preceding  paragraphs.   36.  During the relevant time period, Plaintiff and the members of the FLSA  Collective Action worked in excess of 40 hours per workweek and, because of above-outlined  violations of the FLSA, were not paid appropriate overtime compensation.     37.  Despite the hours worked by Plaintiff and the members of the FLSA Collective  Action, Defendant willfully, in bad faith, and in knowing violation of the FLSA, failed and/or  refused to pay Plaintiff and the members of the FLSA Collective Action appropriate overtime  compensation.   38.  The foregoing conduct, as alleged, constitutes a willful violation of the FLSA,  within the meaning of 29 U.S.C §§ 216(b) and 255(a).    40.  Plaintiff alleges and incorporates by reference the allegations in the preceding  paragraphs.   41.  During the relevant time period, Plaintiffs and the members of the New York  Class worked in excess of 40 hours per workweek and, because of XPO Logistics’ above- outlined violations of the NYLL, were not paid appropriate overtime compensation.     42.  Despite the hours worked by Plaintiff and the members of the New York Class,  Defendant willfully, in bad faith, and in knowing violation of the NYLL, failed and/or refused to  pay them appropriate overtime compensation.   43.  The foregoing conduct, as alleged, constitutes a willful violation of the NYLL  without a good faith basis within the meaning of NYLL § 198, and as a result Plaintiff and the  members of the New York Class are entitled to liquidated damages and such other legal and  equitable relief as the Court deems just and proper.   44.  Plaintiff and the members of the New York Class also seek to have their  reasonable attorneys’ fees and costs paid by Defendant, as provided by the NYLL.  45.  Plaintiff alleges and incorporates by reference all allegations in all preceding  paragraphs, as if fully set forth herein.   46.  At all relevant times, Defendant was an “employer” within the meaning of 12  52.  Plaintiff alleges and incorporates by reference all allegations in all preceding  paragraphs, as if fully set forth herein.    53.  During the relevant time period, Defendant failed to furnish Plaintiff and the  members of the New York Class with accurate wage statements that specifically enumerated  certain criteria, as required by NYLL § 195(3).   54.   Defendant’s violation of the NYLL was willful and, as a result, Defendant is  liable to Plaintiff and the members of the New York Class in the amount of $250 for each  violation up to $5,000 per class member.   7.  XPO Logistics’ conduct, as set forth in this Complaint, was willful and in bad faith, and  has caused significant damages to Plaintiff and the FLSA Collective Action members.   9.  XPO Logistics employed Plaintiff and the members of the FLSA Collective  Action during the time period relevant to the FLSA Collective Action, and classified Plaintiff as  non-exempt from overtime requirements of the FLSA.  