22.  Estee Lauder is liable under the FLSA for, inter alia, failing to properly  compensate Plaintiff and other Representatives.   23.  There are many similarly-situated current and former Representatives who have  been underpaid in violation of the FLSA and who would benefit from the issuance of a court- supervised notice of this lawsuit and the opportunity to join it.  Thus, notice should be sent to  the Collective Action Members pursuant to 29 U.S.C. § 216(b).   24.  The similarly situated employees are known to Estee Lauder, are readily  identifiable and can be located through Estee Lauder’s records.  25.  Pursuant to Fed. R. Civ. P. 23, Plaintiff seeks to prosecute her NYLL claims as a  class action on behalf of all persons who are or were formerly employed by Estee Lauder in  New York State as Representatives (collectively, the “NY Class Action Members”) at any time  from six years from the date of filing this Complaint until entry of judgment in this case (the  “Class Action Period”).   26.  The persons in the NY Class are so numerous that their joinder is impracticable.   28.  A class action in superior to other methods of adjudicating the NYLL claims set  forth in this case.  29.  Estee Lauder employed Plaintiff, the FLSA Collective, and the New York Rule 23  Class as Representatives.   31.  Consistent with Estee Lauder’s policy, pattern and practice, Plaintiff, the FLSA  Collective, and the New York Class regularly worked in excess of 40 hours per workweek  without being paid premium overtime wages, in violation of the FLSA and/or the NYLL.     32.  Plaintiff worked 41.5 to 58 hours per week for which she was not paid proper  wages or overtime premium wages.  For example, during the weeks of June 29, 2015 and  November 21, 2016, Plaintiff worked 58 hours and 48 hours, respectively, for which she was  not paid overtime compensation.    33.  Furthermore, Defendants instructed Plaintiff to work, and Plaintiff routinely  worked outside, her scheduled shift (e.g., to prepare and setup the store before opening and after  closing) without compensation.   34.  Estee Lauder assigned the work Representatives performed and is aware of the  work that they have performed.   36.  During the Collective Action Period, upon information and belief, Estee Lauder  failed to post or keep posted a notice explaining the minimum wage and overtime wage  requirements, as required by the FLSA.  This failure to post or keep posted a notice explaining  the minimum wage and overtime wages was willful and in reckless disregard of the Plaintiff’s  and other similarly situated Representatives’’ rights under the FLSA.   37.  Due to the foregoing, Estee Lauder’s failure to pay overtime wages for work  performed by the Collective and the New York Rule 23 Class in excess of 40 hours per  workweek was willful and reckless, and has been widespread, repeated and consistent.  38.  Plaintiff realleges and incorporates by reference allegations in paragraphs 1-37.   39.  Estee Lauder has engaged in a widespread pattern, policy, and practice of  violating the FLSA, as detailed in this Class Action Complaint.   40.  At all times relevant, Plaintiff and the FLSA Collective were engaged in  commerce and/or the production of goods for commerce within the meaning of 29 U.S.C. §§  206(a) and 207(a).   42.  Estee Lauder is an employer engaged in commerce and/or the production of goods  for commerce within the meaning of 29 U.S.C. §§ 206(a) and 207(a).   43.  At all times relevant, Plaintiff and the FLSA Collective have been employees  within the meaning of 29 U.S.C. §§ 203(e) and 207(a).   44.  Estee Lauder has failed to pay Plaintiff and the FLSA Collective the overtime  wages to which they are entitled under the FLSA.   45.  Estee Lauder’s violations of the FLSA, as described in this Complaint, have been  willful and intentional within the meaning of the FLSA.87   46.  Estee Lauder has not made a good faith effort to comply with the FLSA with  respect to its compensation of Plaintiff and the FLSA Collective.   46.  Plaintiff realleges and incorporates by reference all allegations in paragraphs 1-  47.  Because Estee Lauder’s violations of the FLSA have been willful, a three-year  statute of limitations applies, pursuant to 29 U.S.C. § 255.   47.  Estee Lauder has engaged in a widespread pattern, policy, and practice of  violating the NYLL, as detailed in this Complaint.   48.  At all times relevant, Plaintiff and the members of the New York Rule 23 Class  have been employees and Estee Lauder has been an employer within the meaning of the NYLL.   48.  As a result of Estee Lauder’s violations of the FLSA, Plaintiff and the FLSA  Collective have suffered damages by being denied overtime wages in accordance with the FLSA.   49.  The overtime wage provisions of Article 19 of the NYLL and its supporting  regulations apply to Estee Lauder and protect Plaintiff and the members of the New York Rule  23 Class.   49.  As a result of the unlawful acts of Estee Lauder, Plaintiff and the FLSA  Collective have been deprived of overtime compensation and other wages in amounts to be  determined at trial, and are entitled to recovery of such amounts, liquidated damages,  prejudgment interest, attorneys’ fees, costs, and other compensation pursuant to 29 U.S.C. §  216(b).  50.  Estee Lauder has failed to pay Plaintiff and the members of the New York Rule  23 Class the overtime wages to which they are entitled under the NYLL.   51.  By Estee Lauder’s knowing and intentional failure to pay Plaintiff and the  members of the New York Rule 23 Class overtime wages for hours worked in excess of 40 hours  per week, it has willfully violated the NYLL 19, §§ 650 et seq., and the supporting New York  State Department of Labor Regulations, including but not limited to the regulations in 12  N.Y.C.R.R. Part 142.   52.  Due to Estee Lauder’s violations of the NYLL, Plaintiff and the members of the  New York Rule 23 Class are entitled to recover from Estee Lauder their unpaid overtime wages,  reasonable attorneys’ fees and costs of the action, and pre-judgment and post-judgment interest.  53.  Plaintiff realleges and incorporates by reference all allegations in paragraphs 1-  54.  The provisions of NYLL Article 6 §§ 190 et seq. of the NYLL and its supporting  regulations apply to Estee Lauder and protect Plaintiff and the members of the New York Rule  23 Class.   55.  At all times relevant to this action, Plaintiff and the members of the New York  Rule 23 Class have been employees and Estee Lauder has been an employer within the meaning  of the NYLL §§ 190, 651(5).   56.  Estee Lauder has engaged in a pattern, practice, and policy of failing to  compensate the Plaintiff and the members of the New York Rule 23 Class at their agreed regular  rates of pay for all hours either worked or required to be compensated by the terms of Estee  Lauder’s employment agreements with Plaintiff and the Class members.   57.  Estee Lauder’s failure to pay Plaintiff and the members of the New York Rule 23  Class their wages at their agreed hourly regular and overtime pay rates for all hours worked or  required to be compensated by law violates the NYLL Article 6, §§ 190 et seq.   58.  Due to Estee Lauder’s violations of the NYLL, Plaintiff and the members of the  New York Rule 23 Class are entitled to recover from Estee Lauder their unpaid overtime wages,  reasonable attorneys’ fees and costs of the action, and pre-judgment and post-judgment interest.  Fair Labor Standard Act – Unpaid Overtime Wages  On Behalf of Plaintiff and the FLSA Collective   NYLL – Unpaid Overtime Wages  On Behalf of Plaintiff and the New York Rule 23 Class   New York Labor Law Article 6 – Unpaid Regular Wages  (Brought on behalf of Plaintiff and the members of the New York  Rule 23 Class)  