16.  The preceding paragraphs are incorporated by reference as if fully set forth herein.    17.   Plaintiff brings this FLSA collective action on behalf of herself and all other  persons similarly situated pursuant to 29 U.S.C. §§ 207 and 216(b), specifically, on behalf of:   All hourly paid non-exempt Employees who are or were employed by  Defendant since January 1, 2105, and who were not paid overtime  compensation during weeks which they worked more than forty (40)  hours per week (the “FLSA Collective Class”).    18.  Excluded from the FLSA Collective Class is Defendant, its legal representatives,  officers, directors, assigns, and successors, or any individual who has or had a controlling interest  in Defendant.     19.  Plaintiffs are unable to state the exact number of the class without discovery of  Defendant’s books and records but estimate that the class exceeds several hundred individuals.    20.  Defendant failed to pay Plaintiff and members of the FLSA Collective Class time  and one half their regular rate of pay for hours worked beyond forty hours in a work week.  4   21.  Defendant’s unlawful conduct has been widespread, repeated and consistent.   Moreover, Defendant’s conduct was willful and in bad faith and has caused significant damages  to Plaintiff and the FLSA Collective Class.    22.  Defendant is liable under the FLSA for failing to properly compensate Plaintiff and  the FLSA Collective Class, and, as such, notice should be sent out to the FLSA Collective Class.   There are numerous similarly situated, current and former Employees of Defendant who have been  denied wages in violation of the FLSA who would benefit from the issuance of a Court supervised  notice of the present lawsuit and the opportunity to join in the action.  Those similarly situated  Employees are known to Defendant and are readily identifiable through Defendant’s records.   23.  The preceding paragraphs are incorporated by reference as if fully set forth herein.   24.  Plaintiffs brings this action on his own behalf and as a class action pursuant to Rule  23 of the Federal Rules of Civil Procedure on behalf of a Class consisting of:   All hourly paid non-exempt Employees who are or were employed  by Defendant since January 1, 2015 and who were not paid overtime  compensation during weeks which they worked more than forty (40)  hours per week (the “Florida Class”).     25.  Excluded from the Florida Class is Defendant, its legal representatives, officers,  directors, assigns, and successors, or any individual who has or had a controlling interest in  Defendant.  Also excluded are persons and entities who submit timely and otherwise proper  requests for exclusion from the Florida Class.     26.  Defendant systematically fails and refuses to pay Employees any overtime  compensation.  The members of the Florida Class are so numerous that joinder of all members in  one proceeding is impracticable.    5   27.  Plaintiff’s claims are typical of the claims of other Florida Class members because  they were hourly-wage Employees who were never paid overtime compensation even for weeks  during which they worked more than forty (40) hours per week.  Plaintiff and other Florida Class  members have sustained similar types of damages as a result of Defendant’s failure to comply with  the FLSA, the FMWA and the Florida Constitution.  Plaintiff and other Florida Class members  have been injured in that they have been uncompensated or under-compensated due to Defendant’s  common policies, practices, and patterns of conduct.     28.  Plaintiff will fairly and adequately protect the interests of the Florida Class.   Plaintiffs have retained counsel competent and experienced in complex class action and wage and  hour litigation.  There is no conflict between the Plaintiff and the Florida Class.      29.  Common questions of law and fact exist as to the Florida Class that predominate  over any questions solely affecting them individually and include, but are not limited to, the  following:    (a) Whether Defendant failed and/or refused to pay Plaintiff and the Florida Class for  all of the compensable time that they performed job related duties;  (b) Whether Defendant failed and/or refused to pay Plaintiff and the Florida Class for  all of the compensable time that they worked for Defendant in violation of the  33.  The preceding paragraphs are incorporated by reference as if fully set forth herein.   34.  At all relevant times, Defendant has been, and continues to be, an “employer”  within the meaning of the FLSA.  At all relevant times, Defendant has employed and continues to  7  employ, Employees, including Plaintiff and each of the members of the FLSA Collective Class.    35.  Plaintiff consents in writing to be a part of this action pursuant to FLSA, 29 U.S.C.  § 216(b), and attached hereto as Exhibit A is a copy of Plaintiff’s Opt-in form.  As this case  proceeds, it is likely that other individuals will sign consent forms and join as Plaintiffs.    36.  The FLSA requires each covered employer such as Defendant to compensate all  non-exempt employees at a rate of not less than one and one-half times the regular rate of pay for  work performed in excess of forty hours per workweek.  The FLSA also requires each covered  employer to pay the minimum wage for all hours worked.    37.  Plaintiffs and the members of the FLSA Collective Class were and are entitled to  be paid minimum wage and overtime compensation for all hours worked over forty hours per  week.    38.  Defendant, pursuant to its policies and practices, failed and refused to pay minimum  wage and overtime premiums to Plaintiffs and the members of the FLSA Collective Class for all  of their hours worked.    39.  By failing to compensate Plaintiffs and the members of the FLSA Collective Class  for minimum wage and overtime compensation, Defendant has violated, and continues to violate,  the FLSA.   40.  The foregoing conduct, as alleged, constitutes a willful violation of the FLSA,  within the meaning of 29 U.S.C. § 255(a).    41.  Plaintiff, on behalf of herself and the FLSA Collective Class, seeks damages in the  amount of her overtime compensation, liquidated interest, and such other legal and equitable relief  as the Court deems just and proper.    42.  Plaintiff, on behalf of herself and the FLSA Collective Class, seek recovery of  8  attorneys’ fees and costs, to be paid by Defendant, as provided by the FLSA, 29 U.S.C. § 216(b).  43.  The preceding paragraphs are incorporated by reference as if fully set forth herein.   44.  Pursuant to Article X, § 24 of the Florida Constitution, and pursuant to statute, Fla.  Stat. §§ 448.01, et. seq., Defendant is and was required to pay the Florida Class an overtime  minimum wage set by Florida state law.  The state’s wage requirements apply to Defendant and  protect the Florida Class.   45.  As set forth in the preceding paragraphs of this Complaint, Defendant has  knowingly and willfully refused to pay overtime minimum wages due to Plaintiff and the Florida  Class in violation of Florida law.   46.  Defendant was not and is not permitted by Florida law, or by order of a court of  competent jurisdiction, to withhold or divert any portion of the Plaintiff’s and the Florida Class’  wages that concern this lawsuit.   47.  Defendant was not authorized by Plaintiff or any Florida Class member to withhold,  divert or deduct any portion of their unpaid wages which are the subject of this lawsuit.   48.  Pursuant to Florida law, employers such as Defendant who intentionally fail to pay  an employee wages in conformance with Florida law shall be liable to the employee for the wages  that were intentionally not paid, and court costs and attorneys’ fees incurred in recovering unpaid  wages.   49.  Plaintiffs, on behalf of themselves and the Florida Class, seek the amount of  underpayments based on Defendant’s willful failure to pay minimum wages for all hours worked,  9  as provided by Florida law, and such other legal and equitable relief as the Court deems just and  proper.  VIOLATION OF THE FAIR LABOR STANDARDS ACT  (On Behalf of Plaintiff and the FLSA Collective Class)   VIOLATION OF THE FLORIDA CONSTITUTION AND  FLORIDA MINIMUM WAGE ACT  (On Behalf of Plaintiff and the Florida Class)  