12.  Plaintiff seeks to bring this suit to recover from Defendants unpaid overtime  compensation, and liquidated damages, pursuant to the applicable provisions of the FLSA, 29  U.S.C. § 216(b), individually, on his own behalf, as well as on behalf of those in the following  collective:  Current and former drivers, who during the applicable FLSA  limitations period, performed any work for Defendants, and who  consent to file a claim to recover damages for overtime  compensation that is legally due to them (“FLSA Plaintiffs”).   13.  Defendants treated Plaintiff and all FLSA Plaintiffs similarly in that Plaintiff and  all FLSA Plaintiffs: (1) performed similar tasks, as described in the “Background Facts” section  below; (2) were subject to the same laws and regulations; (3) were paid in the same or similar  manner; (4) were required to work in excess of forty hours in a workweek; and (5) were not paid  the required one and one-half times their respective regular rates of pay for all hours worked per  workweek in excess of forty.   15.  Thus, all FLSA Plaintiffs are victims of Defendants’ pervasive practice of  willfully refusing to pay their employees overtime compensation for all hours worked per  workweek above forty, in violation of the FLSA.   16.  Defendant Settembre Limo is a New York-based transportation company, which  shuttles passengers to and from Westchester Airport, Newark Liberty International Airport,  LaGuardia Airport, and John F. Kennedy International Airport, and also provides transportation  services between other non-airport destinations in various states, including New York, New  Jersey, and Connecticut.     17.  In September 2016, Defendant Settembre, on behalf of Defendant Settembre  Limo, hired Plaintiff as a driver.  Plaintiff commenced his employment with Defendants in that  role at that time.   18.  As a driver, Plaintiff’s primary duties consisted of driving Defendants’ clients in  town cars with a maximum capacity of five passengers, and luxury four-door sedans also with a  maximum capacity of five passengers, from and to various destinations throughout New York,  Connecticut, and New Jersey, and occasionally other locations.  Primarily, Plaintiff drove  Defendants’ clients between airport and non-airport locations, and also on fixed routes that  Defendants assigned.  Plaintiff also drove Defendants’ clients in buses and stretch limousines  when Defendants required him to do so.    20.  By way of example only, during the week of October 7 through October 13, 2016,  Defendants required Plaintiff to work, and Plaintiff did work, the following schedule, without  scheduled or uninterrupted breaks:  Friday, October 7, 2016: 8:00 a.m. until 12:30 a.m. the following day.   Saturday, October 8, 2016: 11:30 a.m. until 3:30 a.m. the following day.  Sunday, October 9, 2016: 3:30 p.m. until 1:30 a.m. the following day.   Monday, October 10, 2016: Off  Tuesday, October 11, 2016: 4:15 a.m. until 6:15 p.m.   Wednesday, October 12, 2016: Off  Thursday October 13, 2016: 9:00 a.m. until 8:30 p.m.   Thus, adding up the hours for this representative workweek, Plaintiff worked sixty-eight hours.    22.  For each workweek that Plaintiff worked, Defendants paid Plaintiff a varying rate  based on the assignments given and their duration, but failed to pay Plaintiff at any rate  whatsoever for the hours that Plaintiff worked each week beyond forty.  Defendants determined  the rate that they paid Plaintiff based upon the vehicle that Plaintiff drove and the number of  hours that Plaintiff reported for each trip.           23.  Additionally, Defendants permitted Plaintiff to keep tips received in cash from  passengers, if passengers did in fact give him cash.  Defendants, however, failed to provide  Plaintiff with any tips that passengers paid directly to Defendants by credit card.     24.  By way of example only, for the weekly pay period of October 7 through October  13, 2016, when Plaintiff worked a total of sixty-eight hours, Defendants paid Plaintiff $600.00  based on the twelve jobs that he performed that week, and Plaintiff received approximately  $200.00 in cash tips from passengers.  Accordingly, Defendants paid Plaintiff a total of $800,  which was meant to cover only his first forty hours of work per week, and which amounts to a  regular rate of $20.00.  Defendants did not pay Plaintiff at any rate, let alone at the rate of time  and one-half his regular rate of pay, or $30.00 per hour, for any hour that Plaintiff worked that  week in excess of forty.   26.  Defendants paid Plaintiff on a weekly basis.   27.  On each occasion when they paid Plaintiff, Defendants failed to provide Plaintiff  with a wage statement that accurately listed, inter alia, his actual hours worked for that week, or  his straight and overtime rates of pay for all hours worked.    28.  Additionally, Defendants did not provide Plaintiff with a wage notice at the time  of his hire that accurately contained, inter alia, Plaintiff’s rates of pay as designated by the  employer.   29.  Defendants treated Plaintiff and all FLSA Plaintiffs in the manner described  above.   30.  Defendants acted in the manner described herein so as to maximize their profits  while minimizing their labor costs and overhead.   31.  Each hour that Plaintiff and FLSA Plaintiffs worked was for Defendants’ benefit.  32.  Plaintiff and FLSA Plaintiffs repeat, reiterate, and re-allege each and every  allegation set forth above with the same force and effect as if more fully set forth herein.   33.  29 U.S.C. § 207(a) requires employers to compensate their employees at a rate not  less than one and one-half times their regular rate of pay for all hours worked exceeding forty in  a workweek.     35.  As also described above, Plaintiff and FLSA Plaintiffs worked in excess of forty  hours per week, yet Defendants failed to compensate Plaintiff and FLSA Plaintiffs in accordance  with the FLSA’s overtime provisions.    36.  Defendants willfully violated the FLSA.   37.  Plaintiff and FLSA Plaintiffs are entitled to overtime pay for all hours worked per  week in excess of forty at the rate of one and one-half times their respective regular rates of pay.    38.  Plaintiff and FLSA Plaintiffs are also entitled to liquidated damages and  attorneys’ fees for Defendants’ violation of the FLSA’s overtime provisions.  39.  Plaintiff, and any FLSA Plaintiff that opts in to this action, repeat, reiterate, and  re-allege each and every allegation set forth above with the same force and effect as if more fully  set forth herein.    40.  NYLL § 160 and 12 NYCCRR § 142-2.2 require employers to compensate their  employees at a rate not less than one and one-half times their regular rates of pay for all hours  worked exceeding forty in a workweek.   41.  As described above, Defendants are employers within the meaning of the NYLL  and the NYCCRR, while Plaintiff, and any FLSA Plaintiff that opts in to this action, are  employees within the meaning of the NYLL and the NYCCRR.   43.  Plaintiff, and any FLSA Plaintiff that opts in to this action, are entitled to their  overtime pay for all hours worked per week in excess of forty at the rate of one and one-half  times their respective regular rates of pay.   44.  Plaintiff, and any FLSA Plaintiff that opts in to this action, are also entitled to  liquidated damages, interest, and attorneys’ fees for Defendants’ violations of the NYLL’s and  NYCCRR’s overtime provisions.  45.  Plaintiff, and any FLSA Plaintiff that opts in to this action, repeat, reiterate, and  re-allege each and every allegation set forth above with the same force and effect as if more fully  set forth herein.   46.  NYLL §196-d requires employers to allow employees to retain all tips received  by the employee, individually, or in a valid tip pooling arrangement limited to employees who  customarily and regularly receive tips.   47.  As described above, Defendants are employers within the meaning of the NYLL,  while Plaintiff, and any FLSA Plaintiff that opts in to this action is an employee within the  meaning of the NYLL.   48.  As also described above, Defendants’ customers often charged gratuities by credit  card that were intended for Plaintiff, and any FLSA Plaintiff that opts in to this action, yet  Defendants retained these tips for their own use.   50.  Plaintiff, and any FLSA Plaintiff that opts in to this action, are also entitled to  liquidated damages, interest, and attorneys’ fees for Defendants’ violations of NYLL § 196-d.  Failure to Distribute Tips in Violation of the NYLL   Unpaid Overtime under the FLSA   Unpaid Overtime Under the NYLL and the NYCCRR  