11.  Stage 3 has, at all relevant times, paid its Day Rate Workers (including  Rodriguez) a day rate for the work they perform. It maintains employment records on them, and  can terminate their employment.    12.  The Day Rate Workers are only paid for days they work.     13.  Stage 3’s Day Rate Workers are non-exempt employees. While the precise job  duties of the Day Rate Workers may vary somewhat, any variations do not impact their  entitlement to overtime for hours worked in excess of 40 in a workweek.       14.  An employer can pay non-exempt employees on a day rate basis if the employee  receives overtime pay for hours worked in excess of 40 in a week. 29 C.F.R. § 778.112.    15.  Stage 3 regularly scheduled Rodriguez, and other Day Rate Workers, for 84 hours  of work per week. Rodriguez and the Day Rate Workers regularly worked at least 84 hours in a  week.   16.  Stage 3 knows its Day Rate Workers work more than 40 hours in a week. Stage  3’s records reflect this fact.    17.  It is well established that blue collar workers like solids control technicians in  general – and these Day Rate Workers in particular – are not exempt from the overtime  provisions of the FLSA. Stage 3 also knows its Day Rate Workers are not exempt from the  FLSA’s overtime provisions (or the provisions of any similar state overtime laws).   18.  Nonetheless, Stage 3 does not pay its Day Rate Workers overtime for hours  worked in excess of forty in a workweek.   20.  Stage 3’s day rate policy affects all the Day Rate Workers in a similar manner.  Rodriguez and the other Day Rate Workers are similarly situated for the purposes of their  overtime claims.     21.  The collective action class is therefore properly defined as:    All Day Rate Workers employed by Stage 3 since July 3, 2011.  22.  By failing to pay Rodriguez and the other Day Rate Workers overtime at one-and- one-half times their regular rates, Stage 3 violated the FLSA’s overtime provisions.     23.  Stage 3 owes Rodriguez and the other Day Rate Workers the difference between  the rate actually paid and the proper overtime rate. Because Stage 3 knew, or showed reckless  disregard for whether, its pay practices violated the FLSA, it owes these wages for at least the  past three years.   24.  Stage 3 also owes Rodriguez and the other Day Rate Workers an amount equal to  the unpaid overtime wages as liquidated damages.   25.  Rodriguez and the other Day Rate Workers are entitled to recover all reasonable  attorneys’ fees, costs, and expenses incurred in this action.  8.  Stage 3 is a closed loop solids control company that provides services to the oil  and gas industry.1     9.  In each of the past three years, Stage 3’ gross revenues exceeded $500,000.    