19.  Plaintiff brings the First Claim for Relief for violation of the FLSA as  a collective action pursuant to Section 16(b) of the FLSA, 29 U.S.C. § 216(b), on  behalf of himself and all persons who were, are or will be employed by Chase  and/or CBRE as facility managers nationwide at any time within the three years  prior to filing this Complaint through the date of final disposition of this action  (hereafter, the “the Nationwide FLSA Collective Plaintiffs”).      20.  The Nationwide FLSA Collective Plaintiffs are subdivided into the  following subclasses:  a.  All Nationwide FLSA Collective Plaintiffs employed by Chase as  facility managers and/or with similar job titles and duties within the United States  at any time within the three years prior to filing this Complaint through the date of  final disposition of this action, who file(d) consents to join this collective action as  party plaintiffs pursuant to 29 U.S.C. § 216(b).  b.  All Nationwide FLSA Collective Plaintiffs employed by CBRE as  facility managers and/or with similar job titles and duties within the United States  at any time within the three years prior to filing this Complaint through the date of  final disposition of this action, who file(d) consents to join this collective action as  party plaintiffs pursuant to 29 U.S.C. § 216(b).   21.  Plaintiff and the Nationwide FLSA Collective Plaintiffs are similarly  situated in that they have substantially similar job requirements and pay provisions  within each FLSA subclass, and are or were subject to each Defendant’s common  practice, policy, or plan of unlawfully characterizing them as exempt employees  and failing to pay them overtime compensation for all overtime hours worked in  violation of the FLSA.     24.  Plaintiff brings the Second through Eighth Claims for Relief on behalf  of the following classes and subclasses, pursuant to Federal Rules of Civil  Procedure Rule 23(a), (b)(2) and (b)(3):  a.  CBRE Facility Manager Class, which is defined as all current and  former CBRE facility managers who worked for CBRE in California within four  years of this complaint’s filing date.  Within this CBRE Facility Manager Class is  the Former CBRE Facility Manager Subclass, which is limited to CBRE Facility  Manager Class members who have separated from employment with CBRE.  b.  Chase Facility Manager Class, which is defined as all individuals who  worked for Chase as facility managers in California within four years of this  complaint’s filing date.     25.  Plaintiff reserves the right to refine the definition of the proposed  Classes (including the applicable time frame) based on further investigation and  discovery.         26.  Plaintiff’s claims should be resolved on a class-wide basis, and there is  a well-defined community of interest with respect to the litigation.    35.  Plaintiff incorporates paragraphs 1 through 34 of this Complaint as if  fully set forth here.   36.  At all relevant times, Defendants have been, and continue to be,  enterprises engaged in interstate commerce and/or in the production of goods for  commerce with the meaning of 29 U.S.C. § 203.      37.  Attached to this complaint as Exhibit A is the consent to sue signed by  Plaintiff pursuant to 29 U.S.C. §§ 216(b) and 256.      38.   The FLSA requires employers to pay employees overtime for all  hours worked in excess of 40 in a week.   41.  Plaintiff incorporates paragraphs 1 through 40 of this Complaint as if  fully set forth here.   42.  Under California law, an employer must pay an employee overtime  based upon their regular rate of pay for time worked in excess of 8 hours in a day.   See California Labor Code sections 510, 1194.   43.  Defendants knew or should have known that Plaintiff and the Classes  worked more than eight hours a day and more than forty hours a week.       44.  Defendants failed to pay Plaintiff and the Classes overtime for time  spent working more than 8 hours in a day and/or 40 hours in a week.     45.  Plaintiff and the Classes were harmed as a result.  They did not receive  all the wages to which they were entitled.    46.    Plaintiff incorporates paragraphs 1 through 45 of this Complaint as if  fully set forth here.   47.  Under California law, an employer must pay an employee all accrued  wages upon termination.  See Labor Code sections 201 and 202.        48.  Defendants did not pay Plaintiff, the CBRE Former Facility Manager  Subclass or the Chase Facility Manager Class all owed overtime, premium pay for  missed meal and rest periods, and other owed wages upon termination.     50.  Plaintiff incorporates paragraphs 1 through 49 of this Complaint as if  fully set forth here.   51.  Under California law, an employer must pay an employee all wages  due upon termination or resignation.  The willful failure to do so results in waiting  time penalties equal to 30 days of an employee’s wage.  See Labor Code section  203.   52.  Defendants did not pay Plaintiff, the CBRE Former Facility Manager  Subclass or the Chase Facility Manager Class all wages due and owing upon their  separation from employ.  Defendants did not pay owed overtime wages.   Defendants did not pay premium pay for missed meal and rest periods.     53.  This conduct by Defendants was willful.  They knew or should have  known of the overtime wages incurred by Plaintiff, the CBRE Former Facility  Manager Subclass and the Chase Facility Manager Class.  They knew or should  have known that they were not paying Plaintiff, the CBRE Former Facility  Manager Subclass or the Chase Facility Manager Class premium pay for missed  meal and rest periods.     54.  As a result, Defendants are liable to Plaintiff, the CBRE Former  Facility Manager Subclass and the Chase Facility Manager Class for waiting time  penalties.      62.  Plaintiff incorporates paragraphs 1 through 61 of this Complaint as if  fully set forth here.   66.    Plaintiff incorporates paragraphs 1 through 65 of this Complaint as if  fully set forth here.   67.  California law prohibits any unlawful, unfair, or fraudulent business  practice.  See California Business and Professions Code section 17200.   69.    Plaintiff incorporates paragraphs 1 through 68 of this Complaint as if  fully set forth here.   7.  Chase operates retail banks and other business across the United  States.  Chase employed Plaintiff to manage a portfolio of its facilities in Southern  California.  Chase classified Plaintiff and its other facility managers as exempt.   Chase compensated Plaintiff with a salary that had an hourly equivalent of between  $40.86 and $42.10.  Chase’s other facility managers at the time, performed job  duties that were substantially similar to his.     70.   Plaintiff incorporates paragraphs 1 through 72 of this Complaint as if  set forth here with the following exception.  Plaintiff does not bring this PAGA  cause of action as a class action.       71.  Plaintiff is an aggrieved employee under PAGA because he was  employed by CBRE during the applicable statutory period and suffered one or more  of the Labor Code violations set forth in this Complaint.  Plaintiff seeks to recover  on his behalf, on behalf of the State, and on behalf of all current and former  aggrieved employees of CBRE, the civil penalties provided by PAGA, plus  reasonable attorney’s fees and costs in this representative action.   72.  Plaintiff seeks penalties pursuant to PAGA for violation of the  following Labor Code sections:  a.  Failure to provide prompt payment of wages upon termination  and resignation in violation of Labor Code §§ 201, 202, 203;  b.  Failure to provide accurate itemized wage statements in  violation of Labor Code §§ 226 and 226.3;  c.  Failure to pay overtime wages in violation of applicable wage  orders and Labor Code §§ 204, 510, 558, 1194 and 1198;  d.  failure to provide meal periods and rest periods in violation of  applicable wage orders and Labor Code §§ 226.7, 512, and 558;  e.  Failure to keep required payroll records in violation of the  applicable wage orders and Labor Code §§ 1174 and 1174.5.   Failure To Provide Accurate Wage Statements   Failure To Pay Wages Upon Termination  (Limited to CBRE Former Facility Manager Subclass and Chase Facility  Manager Class)   Private Attorneys General Act (“PAGA”)   (Alleged only against CBRE)   Unfair Business Practices   Unpaid Overtime Pursuant to the FLSA   Unpaid Premium Pay For Missed Meal And Rest Periods   Unpaid Overtime Pursuant to California Law   Waiting Time Penalties   (Limited to CBRE Former Facility Manager Subclass and Chase Facility  Manager Class)  