 (New York Labor Law – Wage Theft Prevention Act)   (Fair Labor Standards Act – Minimum Wage)   (Fair Labor Standards Act - Overtime)   (New York Labor Law – Minimum Wage)   (New York Labor Law – Spread of Hours)   (New York Labor Law - Overtime)   16.  Pursuant to 29 U.S.C. § 206 and § 207, Mr.  Marcial seeks to prosecute his FLSA claims as a collective  action on behalf of a collective group of persons defined  as follows:  All persons who are or were formerly employed by  defendants in the United States at any time since  January 9, 2015, to the entry of judgment in this  case (the “Collective Action Period”), who were  restaurant employees, and who were not paid  statutory  minimum  wages  and/or  overtime  compensation at rates at least one-and-one-half  times the regular rate of pay for hours worked in  excess  of  forty  hours  per  workweek  (the  “Collective Action Members”).    18.  They are further similarly situated in that  defendants had a policy and practice of knowingly and  willfully refusing to pay them the minimum wage or  overtime.   19.  Mr. Marcial and the Collective Action Members  perform or performed the same or similar primary duties,  and were subjected to the same policies and practices by  defendants.   20.  The exact number of such individuals is presently  unknown, but is known by defendants and can be ascertained  through appropriate discovery.   21.  At all relevant times herein, defendants owned  and operated a Chinese restaurant under the name Hudson  Buffet.   22.  Mr. Marcial was employed at Hudson Buffet from  approximately May 2016 through July 2017.   23.  Mr. Marcial was employed as a food preparer.   24.  Mr. Marcial’s work was performed in the normal  course of defendants’ business and was integrated into the  business of defendants, and did not involve executive or  administrative responsibilities.   26.  Mr. Marcial regularly worked six days per week  for defendants – three days of 12½ hours, and three days of  13 hours.   27.  As a result, Mr. Marcial routinely worked roughly  76½ hours per week for defendants.   28.  Defendants did not provide a time clock, sign in  sheet, or any other method for employees to track their  time worked.   29.  Mr. Marcial was paid on a salary basis throughout  his employment; he was paid $1,000 semi-monthly, for a  total of $2,000 per month.   30.  Mr. Marcial received these amounts for all hours  he worked, regardless of the number of hours he worked each  day or week.   31.  As a result, Mr. Marcial’s effective rates of pay  were always below the statutory federal and state minimum  wages in effect at relevant times.   33.  Mr. Marcial was paid in cash throughout his  employment, and he received no paystubs or wage statements  of any sort with his pay.   34.  In addition, defendants failed to pay Mr. Marcial  any overtime “bonus” for hours worked beyond 40 hours in a  workweek, in violation of the FLSA, the New York Labor Law,  and the supporting New York State Department of Labor  regulations.   35.  Defendants’ failure to pay Mr. Marcial the  overtime bonus for overtime hours worked was willful, and  lacked a good faith basis.   36.  Mr. Marcial worked six shifts per week that  lasted in excess of ten hours from start to finish, yet  defendants willfully failed to pay him one additional  hour’s pay at the minimum wage for each such day, in  violation of the New York Labor Law and the supporting New  York State Department of Labor regulations.   38.  Defendants failed to provide Mr. Marcial with  weekly records of his compensation and hours worked, in  violation of the Wage Theft Prevention Act.   39.  Upon  information  and  belief,  throughout  the  period of Mr. Marcial’s employment, both before that time  (throughout the Collective Action Period) and continuing  until today, defendants have likewise employed other  individuals  like  Mr.  Marcial  (the  Collective  Action  Members) in positions at defendants’ restaurant that  required little skill, no capital investment, and with  duties and responsibilities that did not include any  managerial responsibilities or the exercise of independent  judgment.    40.  Defendants applied the same employment policies,  practices, and procedures to all Collective Action Members,  including policies, practices, and procedures with respect  to the payment of minimum wages and overtime.   42.  Upon  information  and  belief,  these  other  individuals have worked in excess of forty hours per week,  yet defendants have likewise failed to pay them overtime  compensation of one-and-one-half times their regular hourly  rate in violation of the FLSA and the New York Labor Law.   43.  Upon  information  and  belief,  these  other  individuals were not paid a “spread of hours” premium on  days when they worked shifts lasting in excess of ten hours  from start to finish.   44.  Defendants  violated  the  frequency  of  pay  requirements of New York Labor Law § 191 by paying Mr.  Marcial and these other individuals semi-monthly.   45.  Defendants’ policy of paying Mr. Marcial and  these other individuals on a semi-monthly basis rather than  on an hourly basis also violated 12 N.Y.C.R.R. § 146-2.5.   46.  Upon  information  and  belief,  these  other  individuals were not provided with required wage notices or  weekly wage statements as specified in New York Labor Law  §§ 195.1, 195.3, and the Wage Theft Prevention Act.   48.  Mr. Marcial, on behalf of himself and all  Collective  Action  Members,  repeats,  realleges,  and  incorporates by reference the foregoing allegations as if  set forth fully and again herein.    49.  At all relevant times, defendants employed Mr.  Marcial and the Collective Action Members within the  meaning of the FLSA.   50.  Defendants failed to pay a salary greater than  the minimum wage to Mr. Marcial and the Collective Action  Members for all hours worked.   51.  As a result of defendants’ willful failure to  compensate Mr. Marcial and the Collective Action Members at  a rate at least equal to the federal minimum wage for each  hour worked, defendants have violated, and continue to  violate, the FLSA, 29 U.S.C. §§ 201 et seq., including 29  54.  Mr. Marcial repeats, realleges, and incorporates  by reference the foregoing allegations as if set forth  fully and again herein.    55.  At all relevant times, Mr. Marcial was employed  by defendants within the meaning of the New York Labor Law,  §§ 2 and 651.    56.  Defendants  willfully  violated  Mr.  Marcial’s  rights by failing to pay him compensation in excess of the  statutory minimum wage in violation of the New York Labor  Law §§ 190-199, 652 and their regulations.    57.  Defendants’ failure to pay compensation in excess  of the statutory minimum wage was willful, and lacked a  good faith basis, within the meaning of New York Labor Law  § 198, § 663 and supporting regulations.   59.  Mr. Marcial, on behalf of himself and all  Collective  Action  Members,  repeats,  realleges,  and  incorporates by reference the foregoing allegations as if  set forth fully and again herein.    60.  At all relevant times, defendants employed Mr.  Marcial and each of the Collective Action Members within  the meaning of the FLSA.   61.  At all relevant times, defendants had a policy  and practice of refusing to pay overtime compensation to  their employees for hours they worked in excess of forty  hours per workweek.    63.  The foregoing conduct, as alleged, constituted a  willful violation of the FLSA within the meaning of 29  U.S.C. § 255(a), and lacked a good faith basis within the  meaning of 29 U.S.C. § 260.    64.  Due to defendants’ FLSA violations, Mr. Marcial  and the Collective Action Members are entitled to recover  from  defendants  their  unpaid  overtime  compensation,  liquidated damages, interest, reasonable attorneys’ fees,  and costs and disbursements of this action, pursuant to 29  U.S.C. § 216(b).   65.  Mr. Marcial repeats, realleges, and incorporates  by reference the foregoing allegations as if set forth  fully and again herein.    66.  At all relevant times, Mr. Marcial was employed  by defendants within the meaning of the New York Labor Law,  §§ 2 and 651.    68.  Defendants’ failure to pay overtime was willful,  and lacked a good faith basis, within the meaning of New  York Labor Law § 198, § 663 and supporting regulations.   69.  Due to defendants’ New York Labor Law violations,  Mr. Marcial is entitled to recover from defendants his  unpaid overtime compensation, liquidated damages, interest,  reasonable attorneys’ fees, and costs and disbursements of  the action, pursuant to New York Labor Law § 198, and §  663(1).  70.  Mr. Marcial repeats, realleges, and incorporates  by reference the foregoing allegations as if set forth  fully and again herein.    71.  At all relevant times, Mr. Marcial was employed  by defendants within the meaning of the New York Labor Law,  §§ 2 and 651.    73.  Defendants’ failure to pay the “spread of hours”  premium was willful, and lacked a good faith basis, within  the meaning of New York Labor Law § 198, § 663 and  supporting regulations.   74.  Due to defendants’ New York Labor Law violations,  Mr. Marcial is entitled to recover from defendants his  unpaid  compensation,  liquidated  damages,  interest,  reasonable attorneys’ fees, and costs and disbursements of  the action, pursuant to New York Labor Law § 198, and §  663(1).  75.  Mr. Marcial repeats, realleges, and incorporates  by reference the foregoing allegations as if set forth  fully and again herein.    76.  At all relevant times, Mr. Marcial was employed  by defendants within the meaning of the New York Labor Law,  §§ 2 and 651.    77.  Defendants  willfully  violated  Mr.  Marcial’s  rights by failing to provide him with the wage notices  required by the Wage Theft Prevention Act when he was  hired, or at any time thereafter.   79.  Due to defendants’ New York Labor Law violations  relating to the failure to provide paystubs, Mr. Marcial is  entitled to recover from the defendants statutory damages  of $250 per day throughout his employment, up to the  maximum statutory damages.   80.  Due to defendants’ New York Labor Law violations  relating to the failure to provide a wage notice, Mr.  Marcial  is  entitled  to  recover  from  the  defendants  statutory  damages  of  $50  per  day  throughout  his   employment, up to the maximum statutory damages. 