(Collective Action Claim for Violation of the FLSA)   (Individual Claim for Violation of the FLSA)   11.  Plaintiff Sidney Mclendon 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),  on behalf of all similarly situated Expert and/or Senior Field Technicians who were or are  employed by Defendant and were not paid overtime premiums at any time within the  applicable statute of limitations period.   12.  Plaintiff is unable to state the exact number of the class. Defendant can  readily identify the members of the class, who are a certain portion of the current and  former employees of Defendant.   14.  The email addresses of many of the probable FLSA collective action  Plaintiffs are available from Defendant, and notice should be provided to the probable  FLSA collective action Plaintiffs via email to their last known email address as soon as  possible.   15.  Oilfield workers are by definition not at their residences as frequently as  many other working-class Americans. As such, they rely on email just as much or more  so than typical wage earners, who themselves live their lives with a growing dependence  upon email as opposed to traditional U.S. Mail.   16.  The proposed FLSA class members are similarly situated in that they have  been subject to uniform practices by Defendants which violated the FLSA, including  Defendants' failure to pay members of the class lawful overtime compensation in violation  of the FLSA, 29 U.S.C. § 201 et seq.   17.  Because these employees are similarly situated to Plaintiff, and are owed  overtime for the same reasons, the opt-in class is properly defined as:  All persons employed by Defendant as Senior Field  Technicians or Expert Field Technicians at any time since  December 9, 2012.  18.  Plaintiff repeats and re-alleges all the preceding paragraphs of this Original  Complaint as if fully set forth in this section.   19.  Plaintiff was an employee of Defendant within the last three years.   21.  Defendant has an annual gross volume of sales made or business done of  not less than $500,000.00. In addition, at all times hereinafter mentioned, Plaintiff was  engaged in commerce as required by 29 U.S.C. §§ 206-207.   22.  From January of 2015 until November of 2015, Sidney Mclendon was  employed by Defendant as an Expert Field Technician and was paid a salary plus a non- discretionary bonus, but did not receive overtime compensation for all hours worked in  excess of forty (40) in a workweek.   23.  Throughout 2013 and 2014, Plaintiff was employed by Defendant as a  Senior Field Technician and was paid a salary plus a non-discretionary bonus, but he did  not receive overtime compensation for all hours worked in excess of forty (40) in a  workweek.   24.  Plaintiff routinely worked in excess of forty hours per week.   25.  During Plaintiff's employment as a Senior and/or Expert Field Technician,  Defendant paid all such employees a salary, and also paid them a non-discretionary  bonus, which it referred to as the "Job Bonus Assignment" or "JBA" Bonus.   26.  The JBA Bonus was a percentage of the total amount collected by  Defendant on the projects worked on by Plaintiff and other Senior and/or Expert Field  Technicians.   27.  Defendant violated the FLSA by failing to pay Plaintiff and similarly situated  Senior and/or Expert Field Technicians overtime premiums for all hours worked in excess  of forty (40) per week.   29.  Plaintiff and other Senior and/or Expert Field Technicians were not required  to have any special education or specialized knowledge to perform his job.   30.  Defendant's Senior and/or Expert Field Technicians, including Plaintiff,  were required to be physically fit and strong enough to perform the manual labor required  by their primary job duties.   31.  Defendant's Senior and/or Expert Field Technicians, including Plaintiff, did  not supervise other employees.   32.  Plaintiff and the other Senior and/or Expert Field Technicians were and are  entitled to 1.5 times their regular rate of pay for hours worked in excess of 40 in a week.   33.  Defendant knew, or showed reckless disregard for whether, the way it paid  Plaintiff and its other Senior and/or Expert Field Technicians violated the FLSA.   34.  Defendant's Senior and/or Expert Field Technicians routinely use hard hats,  drilling equipment, lubricators, blow-out preventers, wrenches, and other tools, in  performing their job duties. Thus its employees used, handled, sold, and/or worked on,  goods or materials that were produced for or traveled in interstate commerce.  36.  Plaintiff Sidney Mclendon brings this collective action on behalf of all  similarly situated persons who were or are employed by Defendant as Senior and/or  Expert Field Technicians at any time within the applicable statute of limitations period and  were not paid overtime premiums for all hours worked in excess of forty (40) per week.   37.  Plaintiff and all other similarly situated Senior and/or Expert Field  Technicians were non-exempt employees entitled to overtime premiums for all hours  worked in excess of forty (40) hours per week.   38.  Plaintiff and other Senior and/or Expert Field Technicians regularly worked  more than 40 hours per week.   39.  Defendant failed to pay these workers overtime. Instead, Defendant paid  (and pays) Plaintiff and all similarly situated employees a salary plus non-discretionary  bonuses.   40.  By reason of the unlawful acts alleged herein, Defendant is liable to Plaintiff  and all those similarly situated for monetary damages, liquidated damages, and costs,  including attorney's fees, for all violations that occurred in the three years prior to the filing  of this Complaint.  41.  Plaintiff repeats and re-alleges all previous paragraphs of this Original  Complaint as though fully incorporated herein.   43.  Defendant is liable to Sidney Mclendon individually for the violations  described in the class claim section, above.   44.  Additionally, Plaintiff is entitled to an amount equal to his unpaid wages as  liquidated damages, as well as reasonable attorney's fees and the costs of this action. 