66.  Martinez, individually and on behalf of the Collective Class Members,  incorporates the preceding paragraphs herein as though set forth at length.   67.  Under the FLSA, an employer is “any person acting directly or indirectly in the  interest of an employer in relation to an employee […] or anyone acting in the capacity of officer  or agent” for the organization. 29 U.S.C.A. § 203.    68.  At all relevant points, Defendants had gross annual revenue in excess of  $500,000.    69.  At all relevant points, Defendants have been and continue to be an employer  engaging in interstate commerce within the meaning of the FLSA in the Commonwealth of  Pennsylvania.   70.  At all relevant times, Defendants have employed or continue to employ Martinez  and the collective Class Members within the meaning of the FLSA.    71.  Under federal and Pennsylvania law, employers must compensate employees at a  minimum wage of $7.25 per hour worked.    72.  Employers facilitating a tip-based structure “must ensure that their tipped  employees are paid the Pennsylvania minimum wage.” Sicklesmith v. Hershey Ent. & Resorts  Co., 440 F. Supp. 3d 391, 396–97 (M.D. Pa. 2020); 29 U.S.C. § 203(m).    73.  In doing so, under both federal and Pennsylvania law, employers may utilize a  “tip credit” to reflect “the difference between the Pennsylvania minimum wage of $7.25 per hour  and the Pennsylvania hourly tipped minimum wage of $2.83 per hour.” Id.    75.  Here, Defendants fail to compensate Martinez and the Collective Class Members  at any hourly rate. Rather, Defendants require that employees pay a “house fee” and to share  their earned tips with non-tip workers.    76.  Defendants utilize a compensation policy that improperly classified Martinez and  other employees as independent contractors in an effort by Defendants to avoid paying their  employees in compliance with the federally mandated minimum wage.   77.  Defendants further engaged in a regular practice of improperly deducting from  employees’ tips.    78.  Defendants further failed to pay time-and-a-half overtime to Collective Class  Members, as required by the FLSA.    79.  The foregoing violations of the FLSA were done willfully by Defendants.   80.  Due to Defendants’ aforementioned FLSA violations, Martinez, individually and  on behalf of the Collective Class Members, is entitled to recover compensation for unpaid wages,  unpaid overtime, improperly withheld tips, liquidated damages, attorneys’ fees, and costs of this  action pursuant.  81.  Martinez, individually and on behalf of the Pennsylvania Class Members,  incorporates the preceding paragraphs herein as though set forth at length.   83.  At all relevant points, Defendants had gross annual revenue in excess of  $500,000.    84.  At all relevant points, Defendants have been and continue to be an employer  engaging in interstate commerce within the meaning of the PMWA in the Commonwealth of  Pennsylvania.   85.  At all relevant times, Defendants have employed or continue to employ Martinez  and the Pennsylvania Class Members within the meaning of the PMWA.    86.  Under federal and Pennsylvania law, employers must compensate employees at a  minimum wage of $7.25 per hour worked. 42 P.S. § 333.102 et seq.    87.  Employers facilitating a tip-based structure “must ensure that their tipped  employees are paid the Pennsylvania minimum wage.” Sicklesmith v. Hershey Ent. & Resorts  Co., 440 F. Supp. 3d 391, 396–97 (M.D. Pa. 2020); 29 U.S.C. § 203(m).    88.  In doing so, under both federal and Pennsylvania law, employers may utilize a  “tip credit” to reflect “the difference between the Pennsylvania minimum wage of $7.25 per hour  and the Pennsylvania hourly tipped minimum wage of $2.83 per hour.” Id.    89.  As such, employers may compensate tipped employees at a rate of $2.83 per hour  so long as the employees’ hourly tips average at $4.42 per hour. Id. Where an employee receives  insufficient tips to meet the minimum threshold, “the employer is required to pay the difference.”    91.  Defendants utilize a compensation policy that improperly classifies Martinez and  other employees as independent contractors in an effort by Defendants to avoid paying their  employees in compliance with the mandated minimum wage.   92.  Defendants further failed to pay overtime pay to the Pennsylvania Class Members  as required by the PMWA.    93.  Defendants further improperly withheld tip amounts from the Pennsylvania Class  Members in violation of the PMWA.    94.  The foregoing conduct by Defendants, as alleged, constitutes willful violations of  the PMWA.   95.  Due to Defendants’ aforementioned PMWA violations, Martinez, individually  and on behalf of the Pennsylvania Class Members, is entitled to recover compensation for unpaid  wages, unpaid overtime, improperly withheld tips, liquidated damages, attorneys’ fees, and costs  of this action.  Violations of the Pennsylvania Minimum Wage Act of 1968  (Brought by Plaintiff Individually and on Behalf of the Pennsylvania Class)  