10.  From approximately August 2012 through October 2012, Romero was  employed by Defendant as a security guard.   11.  Security guards, including Romero, are responsible for (i) patrolling  residential premises to prevent and detect signs of intrusion and ensure security of doors,  windows, and gates; (ii) answer alarms and investigate disturbances; (iii) monitor and  authorize entrance and departure of residents, visitors, and other persons to guard against  theft and maintain security of premises; (iv) write reports of daily activities and  4 irregularities, such as equipment or property damage, theft, presence of unauthorized  persons, or unusual occurrences; (v) call police or fire departments in cases of  emergency, such as fire or presence of unauthorized persons; and (vi) circulate among  visitors, residents, and other persons to preserve order and protect property.   12.  Security guards, including Romero, regularly work in excess of forty (40)  hours per week.   13.  Defendant does not pay security guards, including Romero, at one and one- half times their regular rates of pay for hours worked in excess of forty (40) hours per  each seven (7) day workweek as required by the FLSA.   14.  Instead, Defendant pays security guards, including Romero, at their regular  rate (or at some other rate less than one and one-half times their regular rate) for hours  worked in excess of forty (40) hours per week.     15.  On information and belief, these same illegal pay practices were applied to  all employees of Defendant who were compensated in the same or similar manner to that  of Plaintiff.  16.  On information and belief, Plaintiff was a nonexempt employee under the  guidelines of the FLSA.  5  17.  As a nonexempt employee, Plaintiff was legally entitled to be paid at one  and one-half times her “regular rate” for all hours worked in excess of forty (40) during  each seven (7) day workweek.  29 U.S.C. § 207(a).   18.  Defendant failed to pay Plaintiff for all hours worked in excess of forty (40)  at one and one-half times her regular rate.     19.  Instead, Defendant paid Plaintiff at her regular rate (or at some other rate  less than one and one-half times her regular rate) for all hours worked in excess of forty  (40) each workweek.   20.  As a result, Plaintiff was regularly “shorted” on her paycheck by not being  paid at a rate of time and one-half for hours worked in excess of forty (40).   21.  In the event that Defendant classified Plaintiff as exempt from overtime,  Plaintiff was misclassified, as no proper exemption enumerated within the guidelines of  the FLSA excused Defendant from appropriately paying Plaintiff full overtime wages for  hours worked in excess of forty (40) hours during each seven (7) day workweek, as is  specifically required by the FLSA.   22.  Rather, Defendant knowingly, willfully, and with reckless disregard,  carried out its illegal pattern and practice of failing to pay Plaintiff proper overtime  wages.   B.  Defendant Failed to Keep Accurate Records of Time Worked.   23.  The FLSA requires employers to keep accurate records of hours worked by  nonexempt employees.  29 U.S.C. § 211(c).    6  24.  In addition to the pay violations of the FLSA identified above, Defendant  also failed to keep proper time records as required by the FLSA.  C.  Defendant’s Illegal Actions Were and Are Willful Violations of the FLSA.   25.  The illegal pattern or practice on the part of Defendant with respect to  compensation and failure to maintain accurate time records are direct violations of the  29.  Plaintiff re-alleges and incorporates by reference all of the facts set forth in  the above sections of this Complaint.   30.  On information and belief, other employees have been victimized by  Defendant’s patterns, practices and policies identified above in violation of the FLSA.     31.  These employees are similarly situated to Plaintiff because, during the  relevant time period, they held similar positions, were compensated in a similar manner  and were denied payment for all hours worked at the minimum wage and overtime wages  at a rate of time and one-half for hours worked in excess of forty (40).  7  32.  Defendant’s patterns or practices of failing to pay the minimum wage and  overtime compensation are generally applicable policies or practices and do not depend  on the personal circumstances of the Members of the Class.   33.  Since, on information and belief, Plaintiff’s experiences are typical of the  experiences of the Members of the Class, collective action treatment is appropriate.    34.  All employees of Defendant, regardless of their rate of pay, who were not  paid at their proper overtime rate for hours worked in excess of forty (40) are similarly  situated.  Although the issue of damages may be individual in character, there is no  detraction from the common nucleus of liability facts.  The Class is therefore properly  defined as:  All current and former security guards or any other employee who: (1)  worked at any business located in the United States that was owned,  operated, and/or acquired by Defendant during the class period; (2)  claim they were misclassified as exempt from overtime compensation  or was an hourly employee and now seek payment for overtime hours  worked; and/or (3) were compensated on any basis where they were not  properly paid at a rate of time and a half for hours worked in excess of  forty (40).   35.  Plaintiff has retained counsel well versed in FLSA collective action  litigation who is prepared to litigate this matter vigorously on behalf of Plaintiff and any  other Members of the Class.    36.  Plaintiff re-alleges and incorporates by reference all of the facts set forth in  the above-sections of this Complaint.  8  37.  Defendant’s practice of failing to pay its nonexempt employees at the  minimum wage for all hours worked and overtime compensation at one and one-half  times their regular rate for all hours worked in excess of forty (40) is in direct violation of  the FLSA.  29 U.S.C. §§ 206(a), 207(a).     38.  Defendant violated the FLSA as well as the Texas Labor Code by failing to  pay Plaintiff her full and proper compensation.   39.  Plaintiff is entitled to payment for all hours worked in excess of forty (40)  in an amount that is one and one-half times her regular rate of pay.   40.  Plaintiff is entitled to liquidated damages in an amount equal to her unpaid  regular and overtime wages as a result of Defendant’s failure to comply with the  guidelines of the FLSA.   9.  Defendant owns and operates a private security company that operates in  the territorial jurisdiction of this Court.   A.  Defendant Failed to Properly Compensate Plaintiff for All Hours Worked  and at the Rate of Time and One-Half for All Overtime Hours.  