    UNJUST ENRICHMENT (Pled in the Alternative)  (Brought on behalf of Plaintiff)   26. The claims in this Complaint arising out of the FLSA are brought by Plaintiff on behalf  of himself and other similarly asbestos removers who are current and former employees  of NSC since the date three years prior to the filing of this Complaint who elect to opt- in to this action (the “FLSA Collective”).   27. The FLSA Collective Plaintiffs consist of approximately sixteen (16) similarly situated  current and former asbestos removers of NSC who have been victims of Defendants’  common policy and practices that have violated their rights under the FLSA by, inter  alia, willfully denying them overtime wages.     28. Defendants are liable under the FLSA for, inter alia, failing to properly compensate  Plaintiff and the FLSA Collective.      29. Consistent with Defendants’ policy and pattern or practice, Plaintiff and the FLSA  Collective Plaintiffs were not paid the appropriate premium overtime compensation for  all hours worked beyond 40 hours per workweek.     30. All the work that Plaintiff and the FLSA Collective Plaintiffs have performed are  assigned by Defendants, and/or Defendants have been aware of all work that Plaintiff  and the FLSA Collective Plaintiffs have performed.     32. Defendants’ unlawful conduct, as described in this Complaint, is pursuant to a company  policy or practice of minimizing labor costs by failing to adequately compensate  Plaintiff and the FLSA Collective Plaintiff for the overtime hours worked.     33. Defendants are aware or should have been aware that federal law required them to pay  Plaintiff and the FLSA Collective Plaintiff overtime premiums for hours worked in  excess of 40 per workweek.     34. Plaintiff and the FLSA Collective Plaintiffs perform or performed the same primary  duties and were subject to the same policies and practices by Defendants.     35. Defendants’ unlawful conduct is widespread, repeated and consistent.    36. There are many similarly situated current and former non-exempt workers who have  been denied overtime wages in violation of the FLSA who would benefit from the  issuance of a court-supervised notice of this lawsuit and the opportunity to join it.  This  notice should be sent to the FLSA Collective Plaintiffs pursuant to 29 U.S.C. § 216(b).     37. Those similarly situated employees are known to Defendants, are readily identifiable  and can be located through Defendants’ records.     39. NSC specializes in asbestos abatement and environmental remediation in New York  City, Long Island, Westchester and Hudson Valley.  NSC states on its website that its  services include residential and commercial services such as asbestos abatement,  encapsulation, and enclosure on all type of asbestos materials, lead abatement,  encapsulation and enclosure on all types materials found throughout homes and public  buildings, insulation on piping and boiler surfaces, interior and exterior demolition,  HVAC duct cleaning and sanitizing in private homes and public buildings and  regulated waste hauling.    40. Upon information and belief, Defendants have entered into certain contracts, as either a  subcontractor or prime contractor, with government or public agencies, to provide  services for certain public work projects within the State of New York including, but  not limited to, New York City, to engage in asbestos removal.     41. Upon information and belief, the public works contracts required that Defendants pay  and ensure payment of the prevailing rates of wages and supplements to all workers  furnishing labor on the sites of the public work projects, pursuant to the NYLL § 220 et  seq., including their direct employees and all other persons furnishing labor on the sites  of the public work projects.   43. As required by law, a schedule containing the prevailing rates of wages and  supplemental benefits to be paid to Plaintiff should have been annexed to and form a  part of the public works contracts.  If not annexed to the public works contracts, these  schedules were expressly or impliedly incorporated into the contracts as a matter of law  and/or public policy.   44. The promise to pay and ensure payment of the prevailing wage and supplemental  benefit rated in the public works contracts was made for the benefit of all workers  furnishing labor on the sites of public works projects are the beneficiaries of that  promise and the contracts entered into between Defendants and government agencies.     45. Upon information and belief, in furtherance of the public works contracts entered into  by Defendants, Plaintiff worked on various asbestos projects within the State of New  York including, but not limited to Yorkers, Liberty, Kingston, Queens, and New York  City, on behalf of government or public agency.     46. Throughout the relevant time period, Defendants obtained contracts within the town of  Liberty, the city of Kingston, and various public Catholic schools, churches and  hospitals in New York City and within the State of New York, whereby they were  required to pay their laborers and supervisors prevailing wages.  Throughout the time  period, Plaintiff typically did not receive the statutorily required prevailing wage plus  supplemental benefits, as required by state and federal law, for all hours worked on  prevailing wage jobs.    48. Defendants, employed Fabian as an asbestos remover without interruption,  approximately from June 2014 until June 29, 2017. Fabian worked on behalf of  Defendants within the State of New York, including but not limited to New York City,  Queens, Yorkers, Liberty, and Kingstone on Public Work Projects on behalf of  government or public agency.    49. Throughout the majority of his employment with Defendants, Fabian consistently  worked more than 40 hours a week.     50. Throughout the majority of his employment with Defendants, Plaintiff was not paid the  prevailing rate of wages and supplements for all his work performed on the public  works project.    51. Throughout his employment with Defendants, even though Fabian was not exempt,  Plaintiff was not paid time and one-half for all overtime work performed.   53. Plaintiff, on behalf of himself and the FLSA Collective Plaintiffs, re-alleges and  incorporates by reference all allegations in all preceding paragraphs.     54. The overtime wage provisions set forth in the FLSA, 29 U.S.C. §§ 201 et seq., and the  supporting federal regulations, apply to Defendants and protect Plaintiff and the FLSA  Collective Plaintiffs.    55. Plaintiff and the FLSA Collective Plaintiffs worked in excess of forty hours during  some workweeks in the relevant period.   56. Defendants willfully failed to pay Plaintiff and the FLSA Collective Plaintiffs the  appropriate overtime premiums for all hours worked in excess of 40 hours per  workweek, as required by the FLSA, 29 U.S.C. §§ 201 et seq., and the supporting  federal regulations.     57. Defendants’ unlawful conduct, as described in this Complaint, has been willful and  intentional.  Defendants are aware or should have been aware that the practices  described in this Complaint were unlawful.  Defendants have not made a good faith  effort to comply with the FLSA with respect to the compensation of Plaintiff and the  FLSA Collective Plaintiffs.   58. Because Defendants’ violations of the FLSA have been willful, a three-year statute of  limitations applies, pursuant to 29 U.S.C. §§ 201 et seq.   60. Plaintiff re-alleges and incorporates by reference all allegations in all preceding  paragraphs.   61. Defendants failed to pay Plaintiff the proper overtime wages to which he is entitled  under the NYLL and the supporting New York State Department of Labor Regulations.   62. Defendants failed to pay Plaintiff one and one-half times the full minimum wage for all  work in excess of forty hours per workweek.   63. Through their knowing or intentional failure to pay Plaintiff overtime wages for hours  works worked in excess of forty hours per workweek, Defendants have willfully  violated the NYLL, Article 19, §§ 650 et seq., and the supporting New York State  Department of Labor Regulations.     64. Due to Defendants’ willful violations of the NYLL, Plaintiff is entitled to recover from  Defendants his unpaid overtime wages, liquidated damages as provided for by the  NYLL, reasonable attorneys’ fees, costs and pre-judgment and post-judgment interest.	 65. Plaintiff re-alleges and incorporates by reference all allegations in all preceding  paragraphs.    67. Through their knowing or intentional failure to provide Plaintiff with the wage notices  required by the NYLL, Defendants have willfully violated NYLL, Article 6, §§ 190 et  seq., and the supporting New York State Department of Labor Relations.    68. Due to Defendants’ willful violations of NYLL, Article 6, § 195(1), Plaintiff is entitled  to statutory penalties of fifty dollars for each workweek before December 29, 2014 and  fifty dollars for each workday after December 29, 2014 that Defendants failed to  provide Plaintiff and the FLSA Collective with a wage notice, or a total of five  thousand dollars, reasonable attorneys’ fees, costs and injunctive and declaratory relief,  as provided for by the NYLL, Article 6, § 198(1-b).	 69.  Plaintiff re-alleges and incorporates by reference all allegations in all preceding  paragraphs.     71. Through their knowing or intentional failure to provide Plaintiff with the wage  statements required by the NYLL, Defendants have willfully violated NYLL, Article 6,  §§ 190 et seq., and the supporting New York State Department of Labor Regulations.     72. Due to Defendants’ willful violations of NYLL, Article 6,  § 195(3), Plaintiff is entitled  to statutory penalties of one hundred dollars for each workweek before December 29,  2014 and two hundred fifty dollars for each workday after December 29, 2014 that  Defendants failed to provide Plaintiff and the FLSA Collective with accurate wage  statements, or a total of five thousand dollars, reasonable attorneys’ fees, costs and  injunctive and declaratory relief, as provided for by NYLL, Article 6, § 198(1-d).	 73. Plaintiff re-alleges and incorporates by reference all allegations in all preceding  paragraphs.    74. Upon information and belief, the public works contracts entered into by Defendants  contained schedules of the prevailing rates of wages and supplemental benefits to be  paid to Plaintiff.   76. Defendants breach the public works contracts by failing to pay Plaintiff prevailing rates  of wages and supplemental benefits to be paid to Plaintiff.   77. Those prevailing rates of wages and supplemental benefits were made part of the public  work contracts for the benefit of Plaintiff.     78. Defendants breached the public work contracts by failing to pay Plaintiff the prevailing  rates of wages, overtime, shift-differential and holiday premiums and supplemental  benefits for all labor performed on the public work projects.    79. As a result of the public work contracts, Defendants are liable to Plaintiff in an amount  to be determined at trial. 	 80. Plaintiff repeats, realleges and incorporates by reference the foregoing allegations as if  set forth full and again herein.   81. Defendants willfully violated the rights of Plaintiff by making improper deductions  from their earned wages, in violation of § 193 of the New York Labor Law and the  regulations promulgated thereunder.     83. Plaintiff re-alleges and incorporates by reference all allegations in all preceding  paragraphs.    84. Plaintiff has performed a significant amount of work for which he has not been paid  correctly.   85. Upon information and belief, when Defendants entered into the public works contracts,  they agreed to pay the required prevailing wages, overtime, shift-differential and  holiday premiums, and supplemental benefit rates of pay to Plaintiff.   86. As a result of this failure to pay said wages, Defendants were unjustly enriched for  work and services performed by Plaintiff.   BREACH OF CONTRACT  (Brought on behalf of Plaintiff)   Fair Labor Standards Act-Overtime Wages  (Brought on behalf of Plaintiff and the FLSA Collective Plaintiffs)   NEW YORK LABOR LAW-UNLAWFUL WAGE DEDUCTIONS          (Brought on behalf of Plaintiff)   NSC ABATEMENT SERVICES, INC.    New York Labor Law-Unpaid Overtime  (Brought on behalf of Plaintiff)   New York Labor Law – Failure to Provide Annual Wage Notices  (Brought on behalf of Plaintiff)   New York Labor Law-Failure to Provide Wage Statements         (Brought on behalf of Plaintiff)  