            12.  Plaintiff brings claims for relief as a collective action pursuant to FLSA Section  16(b), 29 U.S.C. § 216(b), on behalf of all non-exempt employees (including cooks, line-cooks,  food preparers, dishwashers, cleaning persons, waiters, busboys, runners, bartenders, barbacks  and hostesses) employed by Defendants on or after the date that is six years before the filing of  the Complaint in this case as defined herein (“FLSA Collective Plaintiffs”).              13.  At all relevant times, Plaintiff and the other FLSA Collective Plaintiffs are and  have been similarly situated, have had substantially similar job requirements and pay provisions,  and are and have been subjected to Defendants’ decisions, policies, plans, programs, practices,  procedures, protocols, routines, and rules, all culminating in a willful failure and refusal to pay  them (i) compensation for all hours worked due to a policy of time-shaving and (ii) all overtime  premium owed due to a policy of time-shaving. The claims of Plaintiff stated herein are  essentially the same as those of the other FLSA Collective Plaintiffs.             14.  The claims for relief are properly brought under and maintained as an opt-in  collective action pursuant to §16(b) of the FLSA, 29 U.S.C. 216(b). The FLSA Collective  Plaintiffs are readily ascertainable. For purposes of notice and other purposes related to this  action, their names and addresses are readily available from the Defendants. Notice can be  provided to the FLSA Collective Plaintiffs via first class mail to the last address known to  Defendants.  28.  Defendants unlawfully failed to pay Plaintiff, FLSA Collective Plaintiffs and  Class members for all hours worked due to a policy of time-shaving.    29.  Defendants unlawfully failed to pay Plaintiff, FLSA Collective Plaintiffs and  Class members either the FLSA overtime rate (of time and one-half) or the New York State  overtime rate (of time and one-half) for all hours they worked over 40 in a workweek, due to  time-shaving.     30.  Defendants unlawfully failed to pay Plaintiff and Class members the spread of  hours premium for each workday that exceeded ten (10) hours, in violation of NYLL.   44.  Plaintiff realleges and reavers Paragraphs 1 through 43 of this class and collective  action Complaint as if fully set forth herein.   46.  Defendants willfully violated Plaintiff’s and Class members’ rights by failing to  pay them for all hours worked due to a policy of time-shaving.   47.  Defendants willfully violated Plaintiff’s and Class members’ rights by failing to  pay them overtime compensation at the rate of not less than one and one-half times the regular  rate of pay for each hour worked in excess of forty hours in a workweek, due to time-shaving.    48.  Defendants willfully violated Plaintiff’s and Class members’ rights by failing to  pay them the spread of hours premium for each workday that exceeded ten (10) hours.   49.  Defendants failed to properly notify employees of their hourly pay rate and  overtime rate, in direct violation of the New York Labor Law.   50.   Defendants failed to provide a proper wage and hour notice, at the date of hiring  and annually, to all non-exempt employees per requirements of the New York Labor Law.   51.  Defendants failed to provide proper wage statements with every payment as  required by New York Lab. Law § 195(3).   52.  Due to the Defendants’ New York Labor Law violations, Plaintiff and Class  members are entitled to recover from Defendants their unpaid wages due to time-shaving, unpaid  overtime, unpaid spread of hours premium, reasonable attorneys’ fees, liquidated damages,  statutory penalties and costs and disbursements of the action, pursuant to New York Labor Law.    VIOLATION OF THE FAIR LABOR STANDARDS ACT ON BEHALF OF PLAINTIFF  AND FLSA COLLECTIVE PLAINTIFFS            33.  Plaintiff realleges and reavers Paragraphs 1 through 32 of this class and collective  action Complaint as if fully set forth herein.            34.  At all relevant times, Defendants were and continue to be employers 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 FLSA Collective Plaintiffs are  covered individuals within the meaning of the FLSA, 29 U.S.C. §§ 206(a) and 207 (a).            35.  At all relevant times, Defendants employed Plaintiff and FLSA Collective  Plaintiffs within the meaning of the FLSA.            36.  At all relevant times, each of the Corporate Defendants had gross annual revenues  in excess of $500,000.00.            37.  At all relevant times, Defendants engaged in a policy and practice of refusing to  pay Plaintiff and FLSA Collective Plaintiffs for all hours worked due to time-shaving.   VIOLATION OF THE NEW YORK LABOR LAW ON BEHALF OF PLAINTIFF AND  CLASS MEMBERS  