(Fair Labor Standards Act Violations)   (Violations of Ohio Revised Code 4111.03)   18.  Defendants are home health care businesses.   19.  Plaintiff La’Shauna Purse has been employed by Defendants since March 2017.   20.  At all times relevant herein, Plaintiff was employed by Defendants as a home  health aide.   21.  Other similarly-situated employees were employed by Defendants as home health  aides.   22.  Plaintiff and other similarly-situated home health aides were employed by  Defendants as non-exempt employees under the FLSA.    23.  Plaintiff and other similarly-situated home health aides were paid an hourly wage.  5  (Failure to Pay Overtime Compensation)   24.  Plaintiff and other similarly-situated home health aides worked more than 40  hours per week, but Defendants failed to pay them overtime compensation for the hours they  worked over 40 each workweek.   25.  Rather than paying overtime compensation, Plaintiff and other similarly-situated  home health aides were only paid straight time for the hours they worked over 40 each  workweek.   (Failure to Keep Accurate Records)   26.  Defendants failed to make, keep and preserve accurate records of the unpaid work  performed by Plaintiff and other similarly-situated home health aides.  (Defendants Willfully Violated the FLSA)   27.  Defendants knowingly and willfully engaged in the above-mentioned violations  of the FLSA.   28.  Plaintiff brings Count One of this action on her own behalf pursuant to 29 U.S.C.  216(b), and on behalf of all other persons similarly situated who have been, are being, or will be  adversely affected by Defendants’ unlawful conduct.   29.  The class which Plaintiff seeks to represent and for whom Plaintiff seeks the right  to send “opt-in” notices for purposes of the collective action, and of which Plaintiff is herself a  member, is composed of and defined as follows:   All current and former home health aides employed by Amara  Home Care at any time between April 18, 2015 and the present.   30.  The amount of overtime hours Plaintiff and other similarly situated home health  aides worked are reflected on their time sheets and pay stubs.  6   31.  Plaintiff estimates, that on average she worked between fifteen (15) and twenty  (20) overtime hours per week.    32.  Plaintiff is unable to state at this time the exact size of the potential class, by upon  information and belief, avers that is consists of at least 50 persons.   33.  This action is maintainable as an “opt-in” collective action pursuant to 29 U.S.C.   216(b) as to claims for unpaid overtime compensation, liquidated damages, attorneys’ fees and  costs under the FLSA.  In addition to Plaintiff, numerous current and former employees are  similarly situated with regard to their wages and claims for unpaid wages and damages.  Plaintiff  is representative of those other employees and is acting on behalf of their interests as well as her  own in bringing this action.    34.  These similarly-situated employees are known to Defendants and are readily  identifiable through Defendants’ payroll records.  These individuals may readily be notified of  this action, and allowed to opt in pursuant to 29 U.S.C. 216(b), for the purpose of collectively  adjudicating their claims for unpaid overtime compensation, liquidated damages, attorneys’ fees  and costs under the FLSA.  35.  Plaintiff brings Count Two of this action pursuant to Fed. R. Civ. P. 23(a) and  (b)(3) on behalf of herself and all other members of the class (“the Ohio Class”) defined as:  All current and former home health aides employed by Amara  Home Care at any time between April 18, 2015 and the present.   36.  The Ohio Class is so numerous that joinder of all class members is impracticable.   Plaintiff is unable to state at this time the exact size of the potential Ohio Class, but upon  information and belief, avers that it consists of at least 50 persons.   7   37.  There are questions of law or fact common to the Ohio Class, including but not  limited to the following:  (a)  whether Defendants failed to pay overtime compensation to  their home health aides for hours worked in excess of 40 each  workweek; and  (b)  what amount of monetary relief will compensate Plaintiff  La’Shauna Purse and other members of the class for Defendants’  violation of R.C. 4111.03 and 4111.10.   38.  The claims of the named Plaintiff La’Shauna Purse are typical of the claims of  other members of the Ohio Class.  Named Plaintiff’s claims arise out of the same uniform course  of conduct by Defendants, and are based on the same legal theories, as the claims of the other  Ohio Class members.   39.  Named Plaintiff La’Shauna Purse will fairly and adequately protect the interests  of the Ohio Class.  Her interests are not antagonistic to, but rather are in unison with, the  interests of the other Ohio Class members.  The named Plaintiff’s counsel has broad experience  in handling class action wage-and-hour litigation, and is fully qualified to prosecute the claims of  the Ohio Class in this case.   40.  The questions of law or fact that are common to the Ohio Class predominate over  any questions affecting only individual members.  The primary questions that will determine  Defendants’ liability to the Ohio Class, listed above, are common to the class as a whole, and  predominate over any questions affecting only individual class members.   41.  A class action is superior to other available methods for the fair and efficient  adjudication of this controversy.  Requiring Ohio Class members to pursue their claims  individually would entail a host of separate suits, with concomitant duplication of costs,  attorneys’ fees, and demands on court resources.  Many Ohio Class members’ claims are  8  sufficiently small that they would be reluctant to incur the substantial cost, expense, and risk of  pursuing their claims individually.  Certification of this case pursuant to Fed. R. Civ. P. 23 will  enable the issues to be adjudicated for all class members with the efficiencies of class litigation.     42.  Plaintiff incorporates by reference the foregoing allegations as if fully rewritten  herein.    43.  Defendants’ practice and policy of not paying Plaintiff and other similarly- situated home health aides overtime compensation at the rate of one and one-half times their  regular rate of pay for the hours they worked over 40 each workweek violated the FLSA, 29  46.  Plaintiff in corporates by reference the foregoing allegations as if fully rewritten  herein.   47.  Defendants’ practice and policy of not paying Plaintiff and other similarly- situated home health aides overtime compensation at the rate of one and one-half times their  regular rate of pay for the hours they worked over 40 each workweek violated the OMFWSA, 