25.  Plaintiffs repeat and reallege the above paragraphs as though fully set  forth therein.   26.  Defendant RCA is an “employer” and Plaintiffs and “employees” under  the FLSA.   27.  Defendant Lahasky is the Chief Executive Officer of RCA. He is involved  in the day-to-day operation of RCA and has the authority to hire and fire employees, the  authority to direct and supervise the work of employees, the authority to sign on  corporate checking accounts, including payroll accounts, and the authority to make  decisions regarding wage and hour classifications, employee compensation and capital  expenditures. At all relevant times, Lahasky acted and had responsibility to act on behalf  of and in the interests of RCA in devising, directing, implementing and supervising the  wage and hour practices and policies relating to employees. As such, at all time herein  mentioned, Defendant Lahasky has been and continues to be an “employer” within the  meaning of 29 U.S.C. §203(d) of the FLSA.   28.  The FLSA, 29 U.S.C. § 207(a)(1) states that an employee must be paid  overtime, equal to one and one-half (1.5) times the employee’s regular rate of pay for all  hours worked in excess of 40 per week. The FLSA provides that employers who violate  the provisions of the FLSA are liable to affected employees for unpaid wages, liquidated  damages, costs and attorney’s fees and other appropriate relief.   29.  Defendants violated the FLSA by regularly and repeatedly failing to  properly compensate Plaintiffs for the actual time they worked each week.   30.  Defendants also willfully failed to pay overtime wages and other benefits  to Plaintiffs.   31.  In particular, Plaintiffs are either Emergency Medical Technicians or  Ambulance Drivers for RCA.   32  Plaintiffs maintain regular time records for their work with RCA through a  program known as “ProSchduler Plus – Richmond County Ambulance at a website  known as www.net-scheduler.com.   33.  As an example, Plaintiff Matos worked for a total of 71 hours and 25  minutes as evidenced by ProScheduler Plus during the period between January 19, 2014  and January 24, 2014.   34.  Moreover, Plaintiff Matos commented that on January 24. 2014, she  actually worked 13 hours and 22 minutes whereas she was “punched out by mistake by  dispatch” showing only having worked 11 hour and one minute.   35.  Regardless, even though Plaintiff Matos worked well in excess of 40 hours  during this time period, she did not receive overtime compensation.   36.  RCA’s failure to pay overtime was persistent. For example, for the period  between February 23, 2015 and February 26, 2015, Plaintiff Matos worked for a period  of 49 hours and 40 minutes (49.67) hours but was not paid overtime. For this period,  RCA’s payroll records reflect that “items in red are unpaid or belong to salaried  employees.” However, Plaintiff Matos is not an exempt employee and never has been a  salaried exempt employee.   37.  Defendants know that Plaintiff Matos is not an exempt employee and  never has been a salaried exempt employee.   38.  Plaintiff Matos has maintained records for at least 50 weeks and perhaps  more.   39.  Plaintiff Acevedo worked 45 hours and 38 minutes (45.53 hours) during  the period starting December 15, 2014 and through December 18, 2014. Plaintiff  Acevedo was not paid overtime. For this period, RCA’s payroll records reflect that  “items in red are unpaid or belong to salaried employees.” However, Plaintiff Acevedo is  not an exempt employee and never has been a salaried exempt employee.   40.  Plaintiff Acevedo has maintained records for as many as 50 weeks  reflecting non-payment of overtime.   41.  These time records are merely illustrative of the persistent and pervasive  pattern of RCA’s failure to pay its ambulance drivers and EMTs overtime wages as  required by the FLSA and the New York Labor Law.   42.  The time records of Plaintiffs Matos and Acevedo are not isolated  instances but merely illustrative of the persistent and pervasive willful conduct of  Defendants in failing to pay Plaintiffs overtime wages to which they are entitled under  both federal and New York State law.   43.  As a direct and proximate consequence of Defendants’ unlawful conduct,  Plaintiffs have suffered and will continue to suffer lost wages and other damages.  UNPAID WAGES AND OVERTIME UNDER THE  NEW YORK LABOR LAW, ARTICLE 19 AND  THE NEW YORK DEPARTMENT OF LABOR  UNPAID WAGES AND OVERTIME UNDER THE FLSA  