(Collective Action Claim for Violation of FLSA)   (Individual Claim for Violation of the FLSA)   (Individual Claim for Violation of the AMWA)   22.  Plaintiff repeats and re-alleges all previous paragraphs of this Complaint  as if fully set forth in this section.   23.  During part of the three (3) years prior to the filing of this lawsuit, Plaintiff  worked for Defendant as a "helper" for Defendant's commercial flooring company.   24.  Plaintiff, other installers, helpers, polishers and similar positions were  classified by Defendant as independent contractors.   25.  Plaintiff, other installers, helpers, polishers and similar positions were paid  an hourly rate by Defendant.   26.  The basic duties of Plaintiff, other installers, helpers, polishers and similar  positions included providing the necessary tools at a job site, laying tile and cleaning up  a job site for Defendant's customers.   27.  Defendant required Plaintiff, other installers, helpers, polishers and similar  positions to satisfy whatever needs and requirements Defendant and Defendant's  customers had.   28.  Plaintiff, other installers, helpers, polishers and similar positions were  hired to work for Defendant for an indefinite period of time.   29.  Plaintiff, other installers, helpers, polishers and similar positions did not  share in Defendant's profits.   31.  Defendant made decisions on advertising Defendant's business without  the input of Plaintiff, other installers, helpers, polishers and similar positions.   32.  Defendant entered into contracts with its customers and Plaintiff, other  installers, helpers, polishers and similar positions did not sign contracts with  Defendant's customers.   33.  Defendant set the prices for its customers for flooring and installation work  without input or negotiation from Plaintiff, other installers, helpers, polishers and similar  positions.   34.  Plaintiff, other installers, helpers, polishers and similar positions did not  advertise themselves as independent contractors.   35.  Defendant made decisions on what new business to pursue or take  without the input of Plaintiffs, other installers, helpers, polishers and similar positions.   36.  Plaintiff, other installers, helpers, polishers and similar positions did not  negotiate contracts or prices with Defendant's customers.   37.  Defendant expected Plaintiff, other installers, helpers, polishers and  similar positions to follow Defendant's policies regarding their employment.   38.  Defendant recorded the regular working time of Plaintiff, other installers,  helpers, polishers and similar positions via text message.   39.  Plaintiff, other installers, helpers, polishers and similar positions worked  more than forty (40) hours in most workweeks.   42.  Plaintiff, other installers, helpers, polishers and similar positions worked an  average of ten to fifteen hours of overtime in most workweeks for Defendant for which  they were not lawfully compensated.   43.  At all relevant times herein, Defendant has deprived Plaintiff and all others  similarly situated of an overtime premium for all of the hours they worked in excess of  forty (40) hours in a week.   44.  Defendant knew, or showed reckless disregard for whether, the way it  paid Plaintiff and all others similarly situated violated the FLSA and the AMWA.   45.  Defendant purposefully and knowingly misclassified Plaintiff and all others  similarly situated as independent contractors.  V.  46.  Plaintiff repeats and re-alleges all the preceding paragraphs of this  Complaint as if fully set forth in this section.  4 7.  Plaintiff brings this 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).   49.  In conformity with the requirements of FLSA Section 16(b ), Plaintiff has  attached hereto as Exhibit "A" his written Consent to Join this lawsuit.   50.  The relevant time period dates back three (3) years from the date on  which Plaintiff's Original Complaint-Collective Action was filed and continues forward  through the date of judgment pursuant to 29 U.S.C. § 255(a).   51.  The members of the proposed FLSA Collective are similarly situated in  that they share these traits:  A.  They were classified by Defendant as independent contractors and thus  exempt from the overtime requirements of the FLSA;  B.  They were paid hourly rates;  C.  They recorded their time in the same manner; and  D.  They were subject to Defendant's common practice not paying a lawful  overtime premium for all hours worked over forty (40) hours per work week.   52.  Plaintiff is unable to state the exact number of the potential members of  the FLSA Collective but believes that the group exceeds 10 persons.   54.  Plaintiff repeats and re-alleges all previous paragraphs of this Complaint  as if fully set forth in this section.   55.  Plaintiff asserts this claim for damages and declaratory relief pursuant to  the FLSA.   56.  At all relevant times, Defendant has been, and continues to be, an  enterprise engaged in commerce within the meaning of the FLSA, 29 U.S.C. § 203.   57.  At all relevant times, Defendant was Plaintiff's "employer" within the  meaning of the FLSA, 29. U.S.C. § 203.   58.  29 U.S.C. § 207 requires any enterprise engaged in commerce to pay all  employees one and one-half (1.5) times their regular wage for all hours worked over  forty (40) hours in a week, unless an employee meets certain exemption requirements  of 29 U.S.C. § 213 and all accompanying Department of Labor regulations.   59.  Defendant misclassified Plaintiff as an independent contractor.   60.  Despite the entitlement of Plaintiff to overtime payments under the FLSA,  Defendant failed to pay Plaintiff an overtime rate of one and one-half (1.5) times his  regular rate of pay for all hours worked over forty (40) in each one-week period.   62.  By reason of the unlawful acts alleged herein, Defendant is liable to  Plaintiff for monetary damages, liquidated damages, and costs, including reasonable  attorneys' fees, for all violations that occurred within the three (3) years prior to the filing  of this Complaint.   63.  Alternatively, should the Court find that Defendant acted in good faith in  failing to pay Plaintiff as provided by the FLSA, Plaintiff is entitled to an award of  prejudgment interest at the applicable legal rate.  64.  Plaintiff repeats and re-alleges all the preceding paragraphs of this  Original Complaint as if fully set forth in this section.   65.  Plaintiff brings this collective action on behalf of all other installers,  helpers, polishers and similar positions employed by Defendant to recover monetary  damages owed by Defendant to Plaintiff and members of the putative collective for  unpaid overtime compensation for all the hours he and they worked in excess of forty  (40) each week.   66.  Plaintiff brings this action on behalf of himself and all other installers,  helpers, polishers and similar positions, former and present, who were and/or are  affected by Defendant's willful and intentional violation of the FLSA.   67.  29 U.S.C. § 207 requires employers to pay employees one and one-half  (1.5) times the employee's regular rate for all hours that the employee works in excess  of forty (40) per week.   69.  Like Plaintiff, these other installers, helpers, polishers and similar positions  regularly worked more than forty (40) hours in a week.   70.  Defendant failed to pay these workers at the proper overtime rate for all  hours worked in excess of forty (40) hours in a week, despite their entitlement thereto.   71.  Because these employees are similarly situated to Plaintiff, and are owed  overtime for the same reasons, the opt-in collective may be properly defined as:  All hourly-paid installers, helpers, polishers and similar  positions who worked within the three (3) years  preceding the filing of this Complaint.   72.  Defendant's conduct and practice, as described above, has been and is  willful, intentional, unreasonable, arbitrary and in bad faith.   73.  By reason of the unlawful acts alleged in this Complaint, Defendant is  liable to Plaintiff and all those similarly situated for, and Plaintiff and all those similarly  situated seek, unpaid overtime wages, liquidated damages, and costs, including  reasonable attorney's fees as provided by the FLSA.  7 4.  Alternatively, should the Court find that Defendant acted in good faith in  failing to pay Plaintiff and all those similarly situated as provided by the FLSA, Plaintiff  and all those similarly situated are entitled to an award of prejudgment interest at the  applicable legal rate.  75.  Plaintiff repeats and re-alleges all previous paragraphs of this Complaint  as if fully set forth in this section.   77.  Defendant misclassified Plaintiff as an independent contractor.   78.  At all times relevant herein, Defendant was Plaintiff's "employer" within the  meaning of the AMWA, Ark. Code Ann. § 11-4-203( 4 ).   79.  Arkansas Code Annotated § 11-4-211 requires employers to pay all  employees one and one-half (1.5) times regular wages for all hours worked over forty  (40) hours in a week, unless an ~mployee meets the exemption requirements of 29  U.S.C. § 213 and accompanying Department of Labor regulations.   80.  Defendant failed to pay Plaintiff an overtime premium for all hours worked  in excess of forty (40) hours in a week as required under the AMWA.   81.  Despite the entitlement of Plaintiff to payment of lawful overtime payments  under the AMWA, Defendant failed to pay Plaintiff a lawful overtime premium.   82.  Defendant's conduct and practices, as described above, was willful,  intentional, unreasonable, arbitrary and in bad faith.   83.  By reason of the unlawful acts alleged herein, Defendant is liable to  Plaintiff for, and Plaintiff seeks, monetary damages, liquidated damages, prejudgment  interest, civil penalties and costs, including reasonable attorney's fees as provided by  theAMWA.   84.  Alternatively, should the Court find the Defendant acted in good faith in  failing to pay Plaintiff as provided by the AMWA, Plaintiff is entitled to an award of  prejudgment interest at the applicable legal rate.  IX.  FLSA § 216(b) Collective  