47.  Plaintiff realleges and incorporates by reference all allegations in all  preceding paragraphs.   48.  Defendants own and/or operate as Freightco Acquisitions LLC, an  enterprise located in Denver County, Colorado.   49.  Freightco is a third-party logistics company headquartered in Denver,  Colorado, that facilitates the domestic transportation of nationally.   50.  Freightco functions as a broker connecting companies that need to ship  freight with carriers to ship that freight.   52.  Freightco’s profit derives from the margin between the fees it collects from  customers and the payments it makes to carriers.   53.  At all relevant times in their work for Defendants as Freight Brokers,  Plaintiff and the Collective Members performed and continue to perform straightforward  inside sales tasks.     54.  At all relevant times in their work for Defendants, Freight Brokers had and  have the primary job duties of cold-calling current and potential customers and selling  Freightco’s services to them.  They call and email current and potential customers to  obtain the customer’s agreement to ship their freight using Freightco’s services.  Their  primary job duties also include cold-calling current and potential carriers and securing  contracts for the carriers to transport Freightco customers’ freight.  Freight Brokers  obtain customers’ agreements to ship their freight with Freightco and then must find a  carrier to ship that freight at the lowest possible cost.   55.  At all relevant times in their work for Defendants, Freight Brokers are and  have been classified as FLSA- and CWA-exempt and paid a base salary.   56.  On approximately February 1, 2019, Plaintiff began employment with  Defendants as a Freight Broker, performing primarily non-exempt tasks, such as the  aforementioned primary duties.   57.  Defendants paid Plaintiff $55,000 annually for his work as a Freight  Broker.     59.  In a given workweek, and during each and every workweek, of Plaintiff’s  employment with Defendants, he worked between five (5) and fifteen (15) hours of  overtime without being compensated at one-and-one-half times his regular rate of pay  for such time worked.   60.  In a given workweek, Plaintiff and the Class Members worked in excess of  12 hours within a single day without being compensated one and one-half times their  regular rates of pay for such work performed, in violation of the CWA and all relevant  COMPS Orders.    61.  In their work for Defendants, Plaintiff, the Collective Members, and the  Class Members were non-exempt employees.   62.  At all relevant times, Defendants have required and require Freight  Brokers to be constantly available by phone and email and immediately responsive to  customers’ and carriers’ needs, as well as in touch with each other to monitor ever- changing freight needs and carrier availability.     63.  At all relevant times, Freightco has required and requires Freight Brokers  to work continuously throughout the day, communicating with potential and current  customers and carriers by phone, text, and email, finalizing shipping arrangements and  contracts.   65.  These factors caused Plaintiff, the Collective Members, and the Class  Members to consistently work significant overtime.     66.  In addition, Plaintiff, the Collective Members, and the Class Members  worked and work extensive time outside of normal business hours, during mornings,  evenings, and weekends.     67.  In their work for Defendants, Plaintiff, the Collective Members, and the  Class Members were not outside sales employees.   68.  In their work for Defendants, Plaintiff, the Collective Members, and the  Class Members were not commissioned sales employees half of whose total earnings  consisted of commissions.   69.  At no point during any workweek during which Plaintiff, the Collective  Members, and the Class Members worked for Defendants did more than half of their  total earnings consist of commissions.    70.  In their work for Defendants in the Covered Positions, Plaintiff’s, the  Collective Members’, and the Class Members’ primary duty was not managing the  enterprise that is Freightco, or managing a customarily recognized department or  subdivision of the enterprise that is Freightco.   71.  In their work for Defendants as Freight Brokers, Plaintiff, the Collective  Members, and the Class Members did not customarily and regularly direct the work of at  least two or more other full-time employees or their equivalent.    73.  In their work for Defendants as Freight Brokers, Plaintiff’s, the Collective  Members’, and the Class Members’ primary duty was not the performance of office or  non-manual work directly related to the management or general business operations of  Freightco or Freightco’s customers.   74.  In their work for Defendants as Freight Brokers, Plaintiff’s, the Collective  Members’, and the Class Members’ primary duty did not include the exercise of  discretion and independent judgment with respect to matters of significance.   75.  From the beginning of Plaintiff’s, the Collective Members’, and the Class  Members’ employment through the present day, Defendants failed to properly  compensate Plaintiff, the Collective Members, and the Class Members for any of their  overtime hours.  During each and every workweek during which Plaintiff, the Collective  Members, and the Class Members worked for Defendants, they worked approximately  forty-five (45) to fifty-five (55) hours per week, including routinely working through lunch  periods, routinely working from home after regular business hours, and routinely  working from home on weekends for which time Defendants failed to accurately record  Plaintiff’s, the Collective Members’, and the Class Members’ time worked while suffering  or permitting them to work nonetheless.   77.  Defendants engaged in the regular practice of willfully failing to pay  Plaintiff, the Collective Members, and the Class Members one-and-one-half times their  regular rates of pay for all time that they suffered or permitted Plaintiff, the Collective  Members, and the Class Members to work in excess of forty (40) hours per workweek.   78.  As a result of Defendants’ willful failure to pay Plaintiff, the Collective  Members, and the Class Members one-and-one-half times their regular rates of pay for  all work in excess of forty (40) hours per workweek, Defendants paid Plaintiff, the  Collective Members, and the Class Members less than the applicable overtime wage  rate for such work that Plaintiff and the Collective Members performed in excess of forty  (40) hours per workweek.   79.  Defendants engaged in the regular practice of failing to accurately, if at all,  record the time during which Defendants suffered or permitted Plaintiff, the Collective  Members, and the Class Members to work.  As such, Plaintiff’s, the Collective  Members’, and the Class Members’ time records understate the duration of time each  workweek that Defendants suffered or permitted Plaintiff, the Collective Members, and  the Class Members to work.   80.  As a result of Defendants’ willful failure to compensate Plaintiff and the  Collective Members the applicable overtime wage rate for such hours worked,  Defendants have violated 29 U.S.C. § 207(a).   82.  Defendants knew that – or acted with reckless disregard as to whether –  their failure to pay to Plaintiff, the Collective Members, and the Class Members one- and-one-half times their regular rates of pay for all work in excess of forty (40) hours per  workweek, would violate federal and state law, and Defendants were aware of the FLSA  overtime wage requirements during Plaintiff’s, the Collective Members’, and the Class  Members’ employment. As such, Defendants’ conduct constitutes a willful violation of  the FLSA.    83.  Defendants have and continue to willfully violate the FLSA by not paying  Plaintiff and the Collective Members one-and-one-half times their regular rates of pay  for all work in excess of forty (40) hours per workweek.   84.  Defendants have and continue to willfully violate the CWA and all relevant  COMPS Orders by not paying Plaintiffand the Class Members one-and-one-half times  their regular rates of pay for all work in excess of forty (40) hours per workweek.   85.  Defendants individually and/or through an enterprise or agent, directed  and exercised control over Plaintiff’s and the Collective Members’ work and wages at all  relevant times.   87.  In a given workweek, and during each and every workweek of Plaintiff’s  and the Class Members’ employment with Defendants, Plaintiff and the Class Members  worked for Defendants for more than 40 hours and were not paid the applicable  overtime wage premium of one and one-half times their regular rates of pay under the  CWA and all relevant COMPS Orders.    88.  Plaintiff and the Collective Members are covered employees within the  meaning of the Fair Labor Standards Act (“FLSA”).   89.  Plaintiff and the Class Members are covered employees under the CWA  and all relevant COMPS Orders.   90.  Defendants wrongfully withheld wages from Plaintiff, the Collective  Members, and the Class Members by failing to pay all wages due for hours they  worked.   91.  Due to Defendants’ illegal wage practices, Plaintiff and the Collective  Members are entitled to recover from Defendants compensation for unpaid overtime  wages, an additional amount equal amount as liquidated damages, interest, and  reasonable attorney’s fees and costs of this action under 29 U.S.C. § 216(b).    92.  Due to Defendants’ illegal wage practices, Plaintiff and the Class  Members are entitled to recover from Defendants compensation for unpaid overtime  wages, interest, and reasonable attorney’s fees and costs of this action under the CWA  and all relevant COMPS Orders.   93.  Plaintiff realleges and incorporates by reference all allegations in all  preceding paragraphs.   94.  Plaintiff brings this action pursuant to 29 U.S.C. § 216(b) on his own  behalf and as representatives of individuals similarly situated who are current or former  Freight Brokers of Defendants.   95.  Plaintiff brings this action pursuant to 29 U.S.C. § 216(b) on his own  behalf and as representatives of individuals similarly situated who are current and  former Freight Brokers of Defendants, who are not or were not paid one-and-one-half  times their regular rates of pay for all time in excess of forty (40) hours per workweek  that Defendants suffered or permitted them to work, in violation of pursuant to 29 U.S.C.  § 207(a), who agree in writing to join this lawsuit seeking recovery under the FLSA.   97.  Plaintiff and the Collective Members worked more than forty (40) hours in  a given workweek without being compensated for the hours worked in excess of forty  (40) during that workweek.  Further, Plaintiff and the Collective Members worked more  than forty (40) hours in a given workweek without being compensated for the overtime  hours worked during that workweek.   98.  Plaintiff and the Collective Members were all paid a base annual salary,  regardless of how many hours they worked per workweek.   