!Violation of the l•air Labor Standards Act!   18.  The Individual Defendants actively participate in the day-to-day operat ion  of the Restaurant.  For instance , Individual Defendants perso nally supervise and direct  the work of the employees. instruc t the emp loyees how to perform their jobs, and correc t  and/or reprimand the employees for errors made.  39.  Plaintiff brings this action individually and as class representat ive on  behalf of l1imself and all other current and former non-exempt emp loyees who have been  or were emp loyed by Defendants since Decembe r 1. 20 13 (the "Collective Action  Period"), and who were compensated at rates less than the statutory minimum wage  ru1d/or less than time and one-half for all hours worked in excess of fo11y (40) hours per  workweek (the "Collective /\ction Members").   41.  Plaintiff will fairly and adequate ly protect the interests of the Collect ive  Actio.n Members and has retained counsel that is exper ienced and competent in the fields  of emp loyment law and class action litigation. Plaintiff has no interests that are cont rary  to or in conflict with those members of this collective action.   42.  Th is action should be certified as a collective action because the  prosecution of separate actions by individual members of the class would create a risk of  either inconsistent or varying adjudicat ions with respect to individual members of the  class, or adj udica tions with respect to individual members of the class that would as a  practical matter be dispositivc of the interests of the other members not parties to the  ad_judication, or substantially impair or impede their abi lity to protect their interests.   43.  A collective action is superior to othe r avai lable methods for the fair and  efficient adjudication of this controversy, since joind er of all members is impracticab le.  Furthermore, inasmuch as the damages suffered by individual Collec tive Action  Members may be relative ly small, the expense and burden of individual litigation make it  virtually impossible for the members of the collective action to individually seek redress  for the wrongs done to them. There will be no difficu lty in the management of this action  as a collective action.   46.  Plaintiff and others similarly situated have been substantially damaged by  the Defendants' wrongfu l conduct.  47.  Plaintiff sues on his own behalf and on behalf of a class of persons under  Rul.es 23(a), (b)(2), and (b)(3) of the Federal Rules of Civil Prncedure.   48.  Plaintiff brings his New York Labor Law claims on behalf of all persons  who were emp loyed by Defendants m any time since December 1, 2010 (the "Class  Period") who were non-exempt employees within the meaning of the New York Labor  Law and have not been paid statutory minimum wages, overt ime compensation, and/or  "spread of hours' ' premium in violation of the New York Labor Law (the "C lass").   49.  Upon information and belief, the persons in the Class identified herein arc  so numerou s that joind er of all members is impracticable.  Although the identity and  precise number of such persons is unknown , and the facts upon which the calcu lation of  that number may be ascertained are presently within the sole control of the Defendants ,  the Class consists of all non-managerial current and former employees and, therefore , is  so numerous that joinder is impracticable and most of whom would not be likely to file  individua l suits because they lack financial resources, access to attorneys, or knowledge  of their claims . .   51.  Defendants have acted on grounds generally applicable lo the Class,  thereby making appropriate final injunctive relief or conesponding declaratory relief with  respect to the Class as a whole.   52.  Plaintiff has committed himself to pursuing this action and has retained  counsel experienced in employment law and class action litigation.  53,  Plaintiff will fairly and adequately protect the interests of the NY Class  members.  Plaintiff understands that, as class representative , he assumes a fiduciary  respons ibility 10 the Class and Collective Action Members to represent their interests  fairly and adequately , and that he must consider the interests of the Class and Collective  Action Members just as he would represent and consider his own interests, and that he  may not favor his own interests over those of the Class or Collective Action Members.   54.  Plaintiff recognizes that any reso lution of a class action lawsuit, including  any settlement or dismis sal thereof: must be in the best interests of the Class and  Collective Action Members.  Plaintiff understands that in order to provide adequate  represen tation, he must remain informed of litigation development s and he understands  that he may be called upon to testify in depositions and at trial.   55.  Plaintiff has the same interests in this matter as all other members of the  Class and Plain ti li s claims are typical of the Class.   57.  Plaintiff re-alleges and re-avers each and every allegation and statement  contained in parngrap hs " 1" through "56" of this Complaint as if fully set forth herein.   58.  At all relevant times, upon information and bel ief, the Corporate  Defendants were and continue to be an employer engaged in interstate commerce and/or  the production of goods for commerce within the meaning of the FLSA, 29 U.S.C. §§  206(a) and 207(a) . Further, Plaintiff and the Collective Action Members are covered  individua ls within the meaning of the F{.,SA, 29 U.S.C. §§ 206(a) and 207(a).   59.  At all relevant times. Defendants employed Plaintiff and the Collective  Action Members within the meaning of the FLSA.   60.  Upon information and beliet: at least within each of the three (3) most  recent years, the Corporate Defendants - either jo intly or individually, has had gross  revenues in excess of $500.000.  6 1.  Plaintiff and the Collective Action Members worked hours for which they  were not paid the statutory minimum wage.   62.  Defendants had, and continue to have, a policy and practice of refusing to  pay the statutory minimum wage to Plaintiff and the Collective Action Members for  hours worked.   64.  Plaintiff and the Collective Action Members were entitled to be paid at the  rate of time and one-half for all hours worked in excess of the maximum hours provided  for in the FLSA.   65.  Defendants failed to pay Plaintiff and the Collective Action Members  overtime compensation in the lawful amount for all hours worked in excess of the  maximum hours provided for in the FLSA.   66.  At all relevant times, Defendants had, and continue to have a policy and  practice of refusing to pay overtime compensat ion at the statutory rate of time and one- half to Plaintiff and the Collective Action Members for all hours worked in excess of  forty (40) hours per work week, wnich violated and continues to violate the FLSA, 29  U.S.C. §§ 201 el seq., including 29 U.S.C. §§ 207(a)(I) and 215(a).   67.  Defendants knowing ly and willfully disrega rded the provisions of the  J=LSA as evidenced by their failure to compensate Plaintiff and the Collect ive Action  Members at the statlltory minimum wage rate and the statutory overt ime rate of time aod  one-half for all hours worked in excess of forty ( 40) hours per week , when they knew or  should have known such was due and that non-payment of minimum wages and overtime  com pensation would financially injure Plaintiff and the Collect ive Action Members.   69.  Defendants failed to properly disclose or appr ise Plaintiff and the  Collective Action Members of their rights under the FLSA.   70.  As a direct and proximate result of Defendants' violation of the FLSA.  Plaintiff and the Collective Action Members are entitled to liquidated damages pursuant  to the FLSA.   71.  Due to chc reck less, willfu l and unlawful acts of the Defendants. Plaintiff  and the Collective Action Members suffered damages in an amount not presently  asce rtainab le of unpaid minimum wages, unpaid overt ime compensation, an equa l  amoun t as liquidated damages , and prejudgment interes t thereon .   72.  Plaintiff and the Collective Action Members are entitled to an award of  their reasonable attorneys' fees, costs and expenses, pursuant to 29 U.S.C. § 216(b).  73.  Plaint iff re-alleges and re-avers each and every allegat ion and statement  contained in paragraphs " 1" throug h "72" of this Com plaint as if fully set forth herein.   74.  Defendants emp loyed Plaintiff and the Class members within the meaning  of New York Labor Law §§ 2 and 65 J.   75.  Defendants know ingly and willfully violated the rights of Plaintiff and  members of the Class by failing to pay them minimum wages in the lawfol amount for  hours worked.   77.  Employers are requ ired to pay a "sprea d of hours" premium of one (I)  additi onal hour's pay at the statutory minimum hourly wage rate for each day where the  spread of hours in an emp loyee's workday exceeds ten ( I 0) hours.  New York State  Department of Labor Regulations § 146 -1.6.   78.  Defendants knowing ly and willfully violated the rights of Plaintiff and  members of the Class by failing to pay them a "sprea d of hours" premium for each day  they worked in excess of ten ( I 0) hours pursuant to New York State Department of Labor  Regu lations.   79.  Defe11dants failed to properly disclose or apprise Plaintiff and members of  the Class of their rights under the New York Labor Law.   80.  Defendants failed to furnish Plaintiff and members of the Class with a  statement with every payment of wages listing gross wages, deductions and net wages , in  contravention of New York Labor Law§  195(3) and New York State Departmen t of  Labor Regulations§  146-2.3.   81.  Defendant~ failed to keep true and accurate records of hours worked by  each emp loyee covered by an hourly minimum wage rate , the wages paid to all  employees, and other simi lar information in contravention of New York Labor Law §  661   83.  At the time of their hiring, the Defendants failed to notify Plaintiff and  members of the Class of their rates of pay and their regular ly designated payday, in  contraven tion of New York Labor Law§ 195(1).   84.  Due to the Defendants' New York Labo r Law violat ions, Plaintiff and  members of the Class are entitled to recover from the Defendants their unpaid minimum  wages, unpaid overtime compe nsation, and unpaid "spread of hours" premium.  reasonable attorneys ' fees, and costs and disbursements of this action, pursuant to New  York Labor Law§§ 663(1) , J 98.   85.  Plaintiff and members of the Class are also entitled to liquidated damages  pursuant to New York Labo r Law § 663( I). as well as civil penaltie s and/or liquidated  damages pursuant to tbe New York State Wage Theft Prevention Act.  fViolation of the New York Labor LawJ  