24.  Plaintiff brings the First Cause of Action, on behalf of herself and all similarly  situated persons who have worked for Defendant as ASMs between March 17, 2015 through the  date of final judgment in this matter who elect to opt in to this action (the “FLSA Collective”).   Pursuant to applicable tolling agreements, the statute of limitations for any claim under the  FLSA for Plaintiff and the FLSA Collective was tolled for 219 days.   25.  Defendant is liable under the FLSA for, inter alia, failing to properly compensate  Plaintiff and the FLSA Collective.     26.  The FLSA claims in this lawsuit should be adjudicated as a collective action.   Upon information and belief, there are many similarly situated current and former employees of  Defendant who have been underpaid in violation of the FLSA who would benefit from the  issuance of a court-supervised notice of the present lawsuit and the opportunity to join the  present lawsuit.  Those similarly situated employees are known to Defendant, are readily  5  identifiable, and can be located through Defendant’s records.  Notice should be sent to the FLSA  Collective pursuant to 29 U.S.C. § 216(b).  27.  All of the work that Plaintiff and the FLSA Collective performed has been  assigned by Defendant and/or Defendant has been aware of all of the work that Plaintiff and the  members of the FLSA Collective have performed.    28.  Upon information and belief, Defendant’s business is a centralized, top-down  operation controlled by Defendant.     29.  Consistent with Defendant’s policy and pattern or practice, Plaintiff and the  members of the FLSA Collective were not paid premium overtime compensation when they  worked beyond 40 hours in a workweek.   30.  As part of its regular business practice, Defendant has intentionally, willfully, and  repeatedly engaged in a pattern, practice, and/or policy of violating the FLSA with respect to  Plaintiff and the members of FLSA Collective.  This policy and pattern or practice includes, but  is not limited to:  a. willfully failing to pay its employees, including Plaintiff and the members of the  FLSA Collective, premium overtime wages for hours that they worked in excess  of 40 hours per workweek;   b. willfully misclassifying Plaintiff and the members of the FLSA collective as  exempt from the protections of the FLSA; and   c. willfully failing to record all of the time that its employees, including Plaintiff and  the members of the FLSA Collective, have worked for the benefit of Defendant.   31.  Defendant is aware or should have been aware that federal law required it to pay  Plaintiff and the members of the FLSA Collective overtime premiums for hours worked in  excess of 40 per workweek.  6   32.  Defendant’s unlawful conduct has been widespread, repeated, and consistent.   33.  There are many similarly situated current and former ASMs who have been  underpaid in violation of the FLSA who would benefit from the issuance of a court-supervised  notice of this lawsuit and the opportunity to join it.    34.  Notice should be sent to the FLSA Collective pursuant to 29 U.S.C. § 216(b).  Similarly situated employees are known to Defendant, are readily identifiable, and can be located  through Defendant’s records.   35.  Throughout their employment with Defendant, Plaintiff and the members of the  FLSA Collective consistently worked more than 40 hours per week.    36.  The primary job duties of Plaintiff and the members of the FLSA Collective are  uniform throughout Defendant’s stores.    37.  Defendant was aware that Plaintiff and the members of the FLSA Collective  worked more than 40 hours per workweek, yet Defendant failed to pay overtime compensation  for hours worked over 40 in a workweek.    38.  Defendant did not keep accurate records of hours worked by Plaintiff or the  members of the FLSA Collective.   39.  The work hours of Plaintiff and the members of the FLSA Collective are not  recorded on paystubs.   40.  Defendant did not require Plaintiff or the members of the FLSA Collective to  clock in or out, or otherwise record their time.   41.  The primary duties of Plaintiff and the Members of the FLSA Collective were  routine, non-exempt tasks including, but not limited to:  a.  working the cash register;  7  b.  performing customer service tasks;   c.  stocking;   d.  unloading the truck; and  e.  cleaning the store.   42.  Plaintiff and the members of the FLSA Collective spent the majority of their time  performing these duties that were the same as or similar to tasks performed by hourly, non- exempt employees.     43.  The primary job duties of Plaintiff and the members of the FLSA Collective as  ASMs did not include:  a.  hiring;  b.  firing;  c.  making recommendations for hiring, firing, or other employment  decisions;  d.  scheduling; or  e.  disciplining other employees.    44.  The primary job duties of Plaintiff and the members of the FLSA Collective were  not directly related to Defendant’s management or general business operations.   45.  The primary job duties of Plaintiff and the members of the FLSA Collective did  not include the exercise of discretion or independent judgment regarding matters of significance.    46.  Plaintiff and the members of the FLSA Collective were not involved in planning  Defendant’s long or short term business objectives.   47.  Plaintiff and the members of the FLSA Collective did not formulate, affect,  implement or interpret Defendant’s management policies or operating practices.  8   48.  Plaintiff and the members of the FLSA Collective did not carry out major  assignments that affected Defendant’s business operations.   49.  Plaintiff and the members of the FLSA Collective did not have authority to  commit Defendant in matters that had significant financial impact.   50.  Plaintiff and the members of the FLSA Collective could not waive or deviate  from Defendant’s established policies or procedures without prior approval.   51.  Plaintiff realleges and incorporates by reference all allegations in all preceding  paragraphs.   52.  Defendant engaged in a widespread pattern, policy, and practice of violating the  FLSA, as detailed in this Collective Action Complaint.   53.  At all times relevant, Plaintiff and the members of the FLSA Collective were  engaged in commerce and/or the production of goods for commerce within the meaning of  29 U.S.C. §§ 206(a) and 207(a).   54.  The overtime wage provisions set forth in the FLSA apply to Defendant and  protect Plaintiff and the FLSA Collective.   55.  Defendant was an employer engaged in commerce and/or the production of goods  for commerce within the meaning of 29 U.S.C. §§ 206(a) and 207(a).   56.  At all times relevant, Plaintiff and the members of the FLSA Collective were or  have been employees within the meaning of 29 U.S.C. §§ 203(e) and 207(a).   57.  Defendant employed Plaintiff and the members of the FLSA Collective as an  employer and/or a joint employer.  9   58.  Defendant failed to pay Plaintiff and the members of the FLSA Collective the  overtime wages to which they are entitled under the FLSA.   59.  Defendant’s violations of the FLSA, as described in this Collective Action  Complaint, have been willful and intentional.     60.  Defendant did not make a good faith effort to comply with the FLSA with respect  to their compensation of Plaintiff and the members of the FLSA Collective.   61.  Because Defendant’s violations of the FLSA were willful, a three-year statute of  limitations applies, pursuant to 29 U.S.C. § 255.   62.  As a result of Defendant’s violations of the FLSA, Plaintiff and the members of  the FLSA Collective have suffered damages by being denied overtime wages in accordance with  the FLSA in amounts to be determined at trial, and are entitled to recovery of such amounts,  liquidated damages, prejudgment interest, attorneys’ fees, costs, and other compensation  pursuant to 29 U.S.C. §§ 201 et seq.  Fair Labor Standards Act, 29 U.S.C. §§ 201 et seq.  On behalf of Plaintiff and the FLSA Collective  