21.  Defendants committed the following alleged acts knowingly, intentionally and  willfully against the Plaintiff, the FLSA Collective Plaintiffs, and the Class.   22.  Pursuant to NYCRR Part 146-2.2 and 29 USC § 203(m), an employer cannot  take credit towards the basic minimum wage if a service employee or food service worker has  not received notification of the tip credit.   23.  At all relevant times, Defendants knowingly and willfully failed to pay  Plaintiff and similarly situated employees at least the New York minimum wage for each hour  worked.   24.  At all relevant times, Defendants knowingly and willfully failed to pay  Plaintiff his lawful overtime compensation of one and one-half times (1.5x) their regular rate  of pay for all hours worked over forty (40) in a given workweek.   25.  While employed by Defendants, Plaintiff was not exempt under federal and  6 of 18  state laws requiring employers to pay employees overtime.    26.  Defendants failed to keep full and accurate records of Plaintiff's hours and  wages.   27.  Upon information and belief, Defendants failed to keep full and accurate  records in order to mitigate liability for their wage violations. Defendants never furnished any  notice of their use of tip credit.   28.  At all relevant times, Defendants knowingly and willfully failed to provide  Plaintiff and similarly situated employees with Time of Hire Notice reflecting true rates of pay  and payday as well as paystub that lists employee’s name, employer’s name, employer’s  address and telephone number, employee’s rate or rates of pay, any deductions made from  employee’s wages, any allowances claimed as part of the minimum wage, and the employee’s  gross and net wages for each pay day.   29.  Defendants knew that the nonpayment of overtime pay and New York’s  “spread of hours” premium for every day in which Plaintiff worked over ten (10) hours would  financially injure Plaintiff and similarly situated employees and violate state and federal laws.   30.  Defendants did not post the required New York State Department of Labor  posters regarding minimum wage pay rates, overtime pay, tip credit, and pay day.  Plaintiff XING LONG LIN   31.  From on or about March 08, 2016 to January 05, 2018 Plaintiff XING LONG  LIN was employed by Defendants to work as a deliveryman at 7009 Grand Avenue, Maspeth,  45.  Plaintiff brings this action individually and as class representative individually  and on behalf of all other and former non-exempt employees who have been or were  employed by the Defendants for up to the last three (3) years, through entry of judgment in  this case (the “Collective Action Period”) and whom were not compensated at their promised  hourly rate for all hours worked and at one and one half times their promised work for all  hours worked in excess of forty (40) hours per week (the “Collective Action Members”). 