(Class Action Claim for Violation of the AMWA)   (Collective Action Claim for Violations of the FLSA)   (Individual Claim for Violation of the AMWA)   (Individual Claim for FLSA Overtime Violations)   25.  Plaintiff repeats and re-alleges all previous paragraphs of this Complaint as though  fully incorporated in this section.   26.  Plaintiff worked for Defendants in the maintenance/housekeeping and  janitor/maintenance hourly-paid positions that are standard in Defendants' 650 retail travel  centers and travel plazas.   27.  Plaintiff worked at Defendants' location 7801 Alcoa Rd., Benton, AR 72019.   28.  Throughout Plaintiff's employment, Defendants classified Plaintiff and other  hourly-paid employees as non-exempt and paid Plaintiff an hourly rate.   29.  It was Defendants' commonly applied practice to pay Plaintiff and other hourly- paid employees for fewer than all of the hours than the number of hours they actually performed  labor for Defendants.   30.  Specifically, Plaintiff and other hourly-paid employees were required to work and  subject to Defendants' policy or practice of regularly making deductions for purported meal breaks  despite Plaintiff and the others similarly situated employees not actually taking bona fide meal  breaks; and also Plaintiff and the other similarly situated employees had to perform off the clock  work for Defendants while not clocked-in.   32.  Defendants  required  Plaintiff  and  other  hourly-paid  maintenance/housekeeping/janitor workers to continue working during their regularly scheduled  lunch shift breaks.   33.  Further, Plaintiff and other hourly-paid maintenance/housekeeping/janitor  workers had to continue working up to thirty (30) minutes or more after their regularly scheduled  shifts ended.   34.  Defendants did not permit Plaintiff and other hourly-paid workers to stay clocked- in after the scheduled end time of their shifts.   35.  At times, Defendant's manager(s) edited time sheets to reflect Plaintiff and other  similarly situated employees, took lunch breaks when, in fact, they had not, and to alter Plaintiff's  end times to the financial advantage of Defendants.   36.  As a result of these policies, Defendants failed to pay Plaintiff and other hourly-paid  employees a lawful minimum wage for all hours worked and a proper overtime premium for all of  the hours Plaintiff, etc., worked in excess of forty (40) hours in a week.   37.  At all relevant times herein, Defendants failed to accurately record all of the time  worked off-the-clock by Plaintiff and other hourly-paid workers and failed to properly compensate  all of the off-the-clock hours.   39.  At all times relevant hereto, Defendants was aware of the minimum wage and  overtime requirements of the FLSA.  V.  40.  Plaintiff brings his claims for relief for violation of the FLSA as a collective action  pursuant to Section 16(b) of the FLSA, 29 U.S.C. § 216(b).   41.  The FLSA Collective consists of all persons who were, are, or will be employed by  Defendants as hourly-paid maintenance/janitor /housekeeping workers at any time within the  applicable statute of limitations period.   42.  The relevant time period dates back three years from the date on which Plaintiff'  Class and Collective Action Complaint was filed herein and continues forward through the date of  judgment pursuant to 29 U.S.C. § 255(a).   43.  The members of the proposed Hourly FLSA Collective are similarly situated in that  they share these traits:  a.  They were classified by Defendants as non-exempt from the minimum wage and  overtime requirements of the FLSA;  b.  They were paid hourly rates; and  c.  They were subject to Defendants' common policy of requiring employees to work  time for which they were not compensated.   45.  Defendants can readily identify the members of the Section 16(b) Collective, which  encompasses all hourly-paid plant workers within the past three years.   46.  The names and physical and mailing addresses of the FLSA collective action  Plaintiff are available from Defendants, and a Court-approved Notice should be provided to the  FLSA collective action Plaintiffs via first class mail and email to their last known physical and  electronic mailing addresses as soon as possible, together with other documents and information  descriptive of Plaintiff's FLSA claim.  B.  AMWA Rule 23 Classes   47.  Plaintiff, individually and on behalf of all others similarly situated who were  employed by Defendants within the State of Arkansas, bring this claim for relief for violation of the  AM.WA as a class action pursuant to Rule 23 of the Federal Rules of Civil Procedure.   48.  Plaintiff proposes to represent all persons who were, are, or will be employed by  Defendants as similarly situated hourly-paid maintenance/janitor/housekeeping workers within  Arkansas at any time within the applicable statute of limitations period.   49.  Upon information and belief, Defendants employ or have employed within the  statutory period more than forty ( 40) hourly employees within Arkansas. Therefore, the proposed  Hourly AMW A Class is so numerous that joinder of all members is impracticable.   60.  Plaintiff repeats and re-alleges all the preceding paragraphs of this Complaint as if  fully set forth in this section.   62.  During the relevant time period, Defendants unlawfully refrained from paying  Plaintiff a lawful minimum wage for all hours worked and an overtime premium for hours over  forty per week.   63.  Defendants' failure to pay Plaintiff all overtime wages owed was willful.   64.  By reason of the unlawful acts alleged herein, Defendants are liable to Plaintiff for  monetary damages, liquidated damages, and costs, including reasonable attorneys' fees, for all  violations that occurred within the three (3) years prior to the filing of this Complaint.  65.  Plaintiff repeats and re-alleges all previous paragraphs of this Complaint as though  fully incorporated in this section.   66.  Plaintiff, individually and on behalf of all others similarly situated, asserts this claim  for damages and declaratory relief pursuant to the FLSA, 29 U.S.C. § 201, et seq.   67.  At all relevant times, Defendants have and continue to be an "employer" of  Plaintiff and all those similarly situated within the meaning of the FLSA, 29 U .S.C. § 203.   68.  Defendants classified Plaintiff and all similarly situated members of the Hourly  FLSA Collective as non-exempt from the overtime requirements of the FLSA.   69.  Despite the entitlement of Plaintiff and those similarly situated to minimum wage  and overtime payments under the FLSA, Defendants failed to pay Plaintiff and all those similarly  situated a lawful minimum wage for all hours worked and an overtime rate of one and one-half  times their regular rates of pay for all hours worked over forty ( 40) in each one-week period.   71.  Like Plaintiff, these hourly-paid cleaning workers regularly worked more than forty  (40) hours in a week.   72.  Because these employees are similarly situated to Plaintiff, and are owed unpaid  wages and overtime for the same reasons, the opt-in class may be properly defined as:  All hourly-paid employees in the housekeeping/janitor and housekeeping/  maintenance positions within the past three years.   73.  Defendants willfully failed to pay overtime wages to Plaintiff and to others similarly  situated.   74.  By reason of the unlawful acts alleged herein, Defendants are liable to Plaintiff and  all those similarly situated for monetary damages, liquidated damages, and costs, including  reasonable attorneys' fees, for all violations that occurred within the three (3) years prior to the  filing of this Complaint.  75.  Plaintiff repeats and re-alleges all previous paragraphs of this Complaint as though  fully incorporated in this section.   76.  Plaintiff asserts this claim for damages and declaratory relief pursuant to the  AM.WA, Arkansas Code Annotated §§ 11-4-201, et seq.   77.  At all relevant times, Defendants were Plaintiff's "employer" within the meaning  of the AM.WA, Ark. Code Ann.§ 11-4-203(4).   79.  Defendants failed to pay Plaintiff a lawful minimum wage for all hours worked and  an overtime premium for hours over forty per week, as required under the AMW A.   80.  Defendants' failure to pay Plaintiff a lawful minimum wage for all hours worked and  an overtime rate of pay for hours worked over forty ( 40) in a given week was in violation of the  84.  Plaintiff repeats and re-alleges all previous paragraphs of this Complaint as though  fully incorporated in this section.   86.  At all relevant times, Defendants have been, and continues to be, an "employer"  of Plaintiff and the members of the proposed class within the meaning of the AMW A, Arkansas  Code Annotated§ 11-4-203(4).   87.  Defendants classified Plaintiff and all members of the AMW A Class as non-exempt  from the overtime requirements of the AMW A.   88.  Despite the entitlement of Plaintiff and the members of the proposed class to  minimum wage and overtime payments under the AMW A, Defendants failed to pay Plaintiff and  the members of the proposed class for all hours worked, including an overtime rate of one and one- half times their regular rates of pay for all hours worked over forty ( 40) in each one-week period.   89.  Plaintiff proposes to represent the AM.WA liability class of individuals defined as  follows:  All hourly-paid employees in the housekeeping/janitor and housekeeping/ maintenance  positions in Arkansas within the past three years.   90.  Defendants willfully failed to pay a lawful minimum wage and overtime wages to  Plaintiff and the members of the proposed class.   A.  FLSA § 216(b) Class  