31.  Plaintiffs bring the First Cause of Action, an FLSA claim, on behalf of themselves  and all similarly situated persons who work or have worked as an Manual Worker for Aerotek  nationwide who elect to opt-in to this action (the “FLSA Collective”).   32.  Defendant is liable under the FLSA for, inter alia, failing to properly compensate  Plaintiffs and the FLSA Collective for their overtime hours worked.    33.  Consistent with Defendant’s policies and patterns or practices, Plaintiffs and the  FLSA Collective were not paid the proper overtime compensation of 1.5 times their regular rates  of pay for all hours worked beyond 40 per workweek.   34.  All of the work that Plaintiffs and the FLSA Collective have performed has been  assigned by Defendant, and/or Defendant has been aware of all of the work that Plaintiffs and the  FLSA Collective have performed.   35.  As part of their regular business practice, Defendant has intentionally, willfully, and  repeatedly engaged in a pattern, practice, and/or policy of violating the FLSA with respect to  Plaintiffs and the FLSA Collective. This policy and pattern or practice includes, but is not limited  to, willfully failing to pay their employees, including Plaintiffs and the FLSA Collective, the correct  overtime wages for all hours worked in excess of 40 hours per workweek.  37.  The members of the New York Class are so numerous that joinder of all members is  impracticable, and the disposition of their claims as a class will benefit the parties and the Court.   38.  There are more than fifty members of the New York Class.   39.  Plaintiffs’ claims are typical of those claims that could be alleged by any member of  the New York Class, and the relief sought is typical of the relief which would be sought by each  member of the New York Class in separate actions.    40.  Plaintiffs and the New York Class have all been injured in that they have been  uncompensated, under-compensated, or untimely compensated due to Defendant’s common  policies, practices, and patterns of conduct. Defendant’s corporate-wide policies and practices  affected everyone in the New York Class similarly, and Defendant benefited from the same type of  unfair and/or wrongful acts as to each member of the New York Class.   41.  Plaintiffs are able to fairly and adequately protect the interests of the New York  Class and has no interests antagonistic to the New York Class.   42.  Plaintiffs are represented by attorneys who are experienced and competent in both  class action litigation and employment litigation and have previously represented many plaintiffs  and classes in wage and hour cases.    44.  Common questions of law and fact exist as to the New York Class that predominate  over any questions only affecting Plaintiffs and/or each member of the New York Class individually  and include, but are not limited to, the following:   (a) whether Defendants correctly compensated Plaintiff and the New York Class proper  minimum wages for all hours worked up to and including 40 per workweek;  (b) whether Defendants correctly compensated Plaintiff and the New York Class for all  hours worked up to and including 40 per workweek as agreed upon;  (c) whether Defendant correctly compensated Plaintiffs and the New York Class  for hours worked in excess of 40 per workweek;   (d) whether Defendant correctly compensated Plaintiffs and the New York Class  with spread of hours pay, as required by the NYLL;   (e) whether Defendant compensated Plaintiffs and the New York Class on a timely  basis, as required by the NYLL;  (f) whether Defendant failed to furnish Plaintiffs and the New York Class with a  proper time of hire wage notice, as required by the NYLL; and   (g) whether Defendant failed to furnish Plaintiffs and the New York Class with  accurate statements with every payment of wages, as required by the NYLL.  45.  Consistent with their policies and patterns or practices as described herein,  Defendant harmed Plaintiffs, individually, as follows:  Leetisha Roundtree   46.  Roundtree was employed by Defendant as an hourly manual worker (warehouse  worker) for Aerotek from April 3, 2020 through July 2020.    48.  During his employment, Roundtree submitted timesheets which amounted to  workweeks in which she worked excessive amounts of overtime.    49.  Defendant failed to pay Roundtree for all of her hours worked. In this regard,  Defendant “shaved time” from the time reported by Roundtree, and paid her for less hours than she  worked and reported.   50.  Throughout her employment, Roundtree would work shifts of over ten hours from  beginning to the end of her shift. Despite working shifts of over ten hours, Defendant failed to  provide Roundtree with spread of hours pay as required by the NYLL.   51.  At hiring, Defendant informed Roundtree that she would be paid $16.00 per hour.  However, upon receiving her first paystub and paystubs thereafter, Roundtree was in fact only paid  $15.00 per hour. Thus, Defendant failed to pay Roundtree her agreed upon wages as required by  the NYLL.   52.  Despite regularly spending more than twenty-five percent of his shift performing  manual work, Defendant failed to compensate Roundtree on a timely weekly basis. Specifically,  Defendant often paid Roundtree her wages later than the allowed time for manual workers under  NYLL § 191(1)(a).   53.  Defendant failed to provide Roundtree with a proper time of hire wage notice as  required by the NYLL.   54.  Throughout his employment, Defendant failed to provide Roundtree with accurate  wage statements with each payment of wages as required by the NYLL.  Onieko Dolphy   56.  At all times relevant, Dolphy has been a non-exempt employee under the FLSA and  62.  Plaintiffs reallege and incorporate by reference all allegations in all preceding  paragraphs.    64.  Plaintiffs and the FLSA Collective worked in excess of 40 hours during workweeks  in the relevant period.   65.  Defendant failed to pay Plaintiffs and the FLSA Collective the premium overtime  wages to which they were entitled under the FLSA – at a rate of 1.5 times their regular rate of pay  for all hours worked in excess of 40 per workweek.   66.  As a result of Defendant’s willful violations of the FLSA, Plaintiffs and the FLSA  Collective have suffered damages by being denied proper overtime compensation in amounts to be  determined at trial, and are entitled to recovery of such amounts, liquidated damages, attorneys’  fees and costs, and other compensation pursuant to 29 U.S.C. §§ 201 et seq.  67.  Plaintiffs reallege and incorporate by reference all allegations in all preceding  paragraphs.   68.  Pursuant to the NYLL, Defendant has been required to pay Plaintiffs and the New  York Class minimum wages for all hours worked.   69.  Defendant has failed to pay Plaintiffs and the New York Class the minimum hourly  wages to which they are entitled for all hours worked, in violation of the NYLL.   70.  As a result of the common policies described above Defendant has violated the  minimum wage provisions of the NYLL with respect to Plaintiffs and the New York Class by:  shaving Plaintiffs and the New York Class’s hours.    72.  Plaintiffs reallege and incorporate by reference all allegations in all preceding  paragraphs.   73.  Pursuant to NYLL, Article 6 § 191(1)(d), Defendant has been required to pay  Plaintiffs and the New York Class the wages they have earned in accordance with the agreed terms  of their employment.   74.  Defendant has failed to pay Plaintiffs and the New York Class the earned wages to  which they are entitled under the NYLL and the supporting New York State Department of Labor  Regulations, pursuant to the agreed-upon terms of Plaintiff’s employment.    75.  As a result of the common policies described above Defendant has violated the  agreed upon wage provisions of the NYLL with respect to Plaintiffs and the New York Class by:  failing to compensate Plaintiffs and the New York Class for all hours worked up to and including  40 at their agreed upon rate of pay.   76.  Due to Defendant’s violations of the NYLL, Plaintiffs and the New York Class are  entitled to recover from Defendant their agreed wages, liquidated damages, reasonable attorneys’  fees and costs, and pre-judgment and post-judgment interest.   77.  Plaintiffs reallege and incorporate by reference all allegations in all preceding  paragraphs.   79.  Defendant failed to pay Plaintiffs and the New York Class the premium overtime  wages to which they were entitled under the NYLL and the supporting New York State Department  of Labor Regulations – at a rate of 1.5 times their regular rate of pay – for all hours worked beyond  40 per workweek.   80.  Due to Defendant’s violations of the NYLL, Plaintiffs and the New York Class are  entitled to recover from Defendant their unpaid overtime wages, liquidated damages as provided  for by the NYLL, reasonable attorneys’ fees and costs, and pre-judgment and post-judgment  interest.    81.  Plaintiff realleges and incorporates by reference all allegations in all preceding  paragraphs.   82.  Defendant has failed to pay Plaintiffs and the New York Class compensation of one  hour’s pay at the basic minimum hourly wage rate for each day that the length of the interval  between the beginning and end of their workday – including working time plus time off for meals  plus intervals off duty – was greater than 10 hours or for workdays that Plaintiffs and the New York  Class worked.   84.  Plaintiffs reallege and incorporate by reference all allegations in all preceding  paragraphs.   85.  The timely payment of wages provisions NYLL § 191 and its supporting regulations  apply to Defendant and protect Plaintiffs and the Class.   86.  Defendant failed to pay Plaintiffs and the Class on a timely basis as required by  NYLL § 191(1)(a).    87.  Due to Defendant’s violations of the NYLL, Plaintiffs and the Class are entitled to  recover from Defendant the amount of their untimely paid wages as liquidated damages, reasonable  attorneys’ fees and costs, and pre-judgment and post-judgment interest as provided for by NYLL §  198.  88.  Plaintiffs reallege and incorporate by reference all allegations in all preceding  paragraphs.   90.  Due to Defendant’s violations of NYLL, Article 6, § 195(1), Plaintiffs and the New  York Class are entitled to statutory penalties of fifty dollars for each workday that Defendant failed  to provide them with wage notices, or a total of five thousand dollars each, as well as reasonable  attorneys’ fees and costs as provided for by NYLL, Article 6, § 198(1-b).   91.  Plaintiffs reallege and incorporate by reference all allegations in all preceding  paragraphs.   92.  Defendant failed to supply Plaintiffs and the New York Class with an accurate  statement of wages with every payment of wages as required by NYLL, Article 6, § 195(3), listing:   dates of work covered by that payment of wages; name of employee; name of employer; address  and phone number of employer; rate or rates of pay and basis thereof, whether paid by the hour,  shift, day, week, salary, piece, commission, or other; gross wages; deductions; allowances, if any,  claimed as part of the minimum wage; hourly rate or rates of pay and overtime rate or rates of pay  if applicable; the number of hours worked, including overtime hours worked if applicable;  deductions; and net wages.   94.  Plaintiffs reallege and incorporate by reference all allegations in all preceding  paragraphs.   95.  Plaintiff Dolphy complained to Defendant regarding his unpaid wages verbally in  May 2021 and June 2021, and in writing on at least May 19, 2021 and May 26, 2021. Thereafter,  on June 4, 2021, Defendant terminated Plaintiff. As such, Defendant retaliated against Plaintiff  Dolphy for attempting to enforce his rights under the FLSA.   96.  Plaintiff Dolphy’s complaint regarding unpaid wages against Defendant is a  protected activity under 29 U.S.C. § 215(3).   97.  Defendant terminated Plaintiff Dolphy in an effort to harass and intimidate, and/or  to otherwise interfere with his attempts to vindicate his rights under the FLSA.   98.  Terminating Plaintiff in response to Plaintiff Dolphy’s complaints regarding unpaid  wages constitutes retaliation and discrimination in violation of 29 U.S.C. § 215(3).   99.  Plaintiff Dolphy has suffered damages including, but not limited to, intimidation,  harm to his reputation, legal costs, and delay as a result of Defendant’s retaliation.  100.  Due to Defendant’s violations of the FLSA, Plaintiff Dolphy is entitled to recover  form Defendant back pay, front pay, compensatory damages, liquidated damages, punitive  damages, and attorneys’ fees and costs.  Fair Labor Standards Act – Retaliation  (Brought on behalf of Plaintiff Dolphy, individually)   Fair Labor Standards Act – Overtime Wages  (Brought on behalf of Plaintiffs and the FLSA Collective)   New York Labor Law – Failure to Pay Timely Wages  (Brought on behalf of Plaintiffs and the New York Class)   New York Labor Law – Minimum Wages  (Brought on behalf of Plaintiffs and the New York Class)   New York Labor Law – Agreed Upon Wages  (Brought on behalf of Plaintiffs and the New York Class)   New York Labor Law – Overtime Wages  (Brought on behalf of Plaintiffs and the New York Class)   New York Labor Law – Failure to Provide Proper Time of Hire Wage Notices  (Brought on behalf of Plaintiffs and the New York Class)   New York Labor Law – Failure to Provide Accurate Wage Statements  (Brought on behalf of Plaintiffs and the New York Class)   New York Labor Law – Spread of Hours Pay  (Brought on behalf of Plaintiffs and the New York Class)  