37.  In order to provide services to many of its customers, Clean Harbors contracts  with certain companies to provide it with employees to perform the necessary work.    38.  Metro and the Day Rate Workers reported directly to Clean Harbors.   39.  Over the past three years, Clean Harbors employed hundreds of individuals –  including Metro – as Solid Control Techs (or similar positions) throughout the United States.    40.  Many of these individuals worked for Clean Harbors on a day-rate basis without  overtime and were classified as independent contractors.    41.  Metro and the Day Rate Workers worked for Clean Harbors under this pay  scheme.    42.  Metro and the Day Rate Workers did not receive a salary. If Metro and the Day  Rate Workers did not work, they did not get paid.    43.  Metro and the Day Rate Workers received a day rate.    44.  Metro received a day rate of $275.00 for each approved day he worked for Clean  Harbors.   45.  Metro and the Day Rate Workers received the day rate regardless of the number  of hours they worked in excess of 40 hours in a work week.    46.  Metro and the Day Rate Workers did not receive overtime pay.    47.  Metro and the Day Rate Workers are subjected to the same or similar pay  practices.    49.  Metro and the Day Rate Workers often worked at least 12 hours a day, often 7  days a week.    50.  For example, from November 9, 2017 to November 22, 2017, Metro worked for  Clean Harbors on 13 of the 14 days.    51.  In other words, Metro worked at least 84 hours in one week, and at least 72 hours  in the other week, in the two-week period of November 9, 2017 to November 22, 2017.   52.  Without the job performed by Metro and the Day Rate Workers, Clean Harbors  would not be able to complete its business objectives.    53.  Metro and the Day Rate Workers relied on Clean Harbors for work and  compensation.    54.  Metro and the Day Rate Workers worked in accordance with the schedule set by  Clean Harbors.    55.  Metro and the Day Rate Workers were not permitted by Clean Harbors to  subcontract out the work they are assigned to do by Clean Harbors.    56.  Metro and the Day Rate Workers must follow Clean Harbors’ policies and  procedures.    57.  Metro and the Day Rate Workers’ work must adhere to the quality standards put  in place by Clean Harbors.    58.  Metro and the Day Rate Workers did not substantially invest in the tools required  to complete the overall job to which they were assigned.    59.  Metro and the Day Rate Workers did not possess any specialized or unique skill  set.    61.  Metro and the Day Rate Workers worked exclusively for Clean Harbors during  the relevant time period.    62.  Metro and the Day Rate Workers did not incur operating expenses like rent,  payroll, marketing, and insurance.    63.  Clean Harbors set Metro and the Day Rate Workers’ work schedule which  prohibited them from working other jobs for other companies while working on jobs for Clean  Harbors.   64.  At all relevant time, Clean Harbors maintained control, oversight, and direction of  Metro and the Day Rate Workers, including, but not limited to, hiring, firing, disciplining,  timekeeping, payroll, and other employment practices.     65.  Clean Harbors knows Metro, and the other workers like him, worked more than  40 hours in a week.   66.  Indeed, Clean Harbors required Metro and the Day Rate Workers to work  substantial overtime without overtime compensation.    67.  Clean Harbors classified Metro and the Day Rate Workers as exempt from the  overtime requirements, as independent contractors.    68.  Clean Harbors knows these workers are not exempt from the FLSA’s overtime  provisions.   69.  Nonetheless, Clean Harbors failed to pay Metro and the other Day Rate Workers  overtime for those hours exceeding 40 in a workweek.    70.  Clean Harbors is well aware of the overtime requirements of the FLSA.    71.  The Department of Labor’s Wage and Hour Division has found multiple  violations against Clean Harbors.  