(FLSA - COLLECTIVE ACTION FOR UNPAID OVERTIME)   13.  During relevant times, Fresh Thyme has had a companywide meal break policy that  requires all hourly, non-exempt employees, including Plaintiff, to clock out for thirty (30) minutes  once the employees have worked five (5) hours per day (hereinafter called "Meal Deduction  Policy"). Specifically, the policy states as follows:  "2-4. Meal and Break Period:  Employees are provided meal and break periods as required by  applicable law. Your Manager will provide further details. For  employees scheduled more than five (5) hours in one day, the  Company policy requires these employees to take a 30-minute  unpaid break. This mandatory break must be taken by the beginning  of the fifth hour worked. Employees may receive a paid 10-minute  break for every four (4) hours worked."   14.  Within the past three (3) years preceding the filing of this Complaint, Plaintiff and  I  ·other similarly situated employees regularly worked over (40) hours per week.  Page 3 ofll   15.  During all times relevant, Plaintiff and other similarly situated employees were not  paid time-and-a-half ("overtime rate") for all hours worked in excess of forty ( 40) resulting in  unpaid overtime wages and other wages owed because of Defendant's companywide Meal  Deduction Policy and/or practice whereby Defendant requires hourly, non-exempt employees to  clock out for thirty (30) minutes by the fifth hour worked. Defendant deducts this time from its  hourly< non-exempt employees' compensable time even though employees did/do not receive an  uninterrupted meal period in the amount of 30 minutes each shift.   16.  During the relevant time period, Defendant applied the same pay practices and  policies to all hourly, non-exempt employees, including Plaintiff.   17.  During the previous three (3) years preceding this Complaint, Plaintiff and other  similarly situated employees were not paid. for all of their compensable hours worked due to the  aforementioned Meal Deduction Policy even though employees did not receive an uninterrupted  meal period because. they continued to perform substantial job duties on behalf of Defendant even  though they were "clocked out" during the purported meal period.   18.  Plaintiff was an hourly, non-exempt employee of Defendant as defined in the FLSA  because she was paid on an hourly basis during all times relevant.   19.  Further, with the exception of employees at the Store Director level and above,  Defendant paid their employees on an hourly basis. Defendant also pays its employees on a weekly  basis.   20.  With the exception of employees at the Store Director level and above, Fresh  Thyme hourly, non-exempt employees are only paid for hours worked during the workweek  ("Hourly, Non-exempt FT Employees").  Page 4 ofll   21.  Plaintiff and other similarly situated employees were not guaranteed a  predetermined amount on a weekly basis.   22.  Plaintiff and other similarly situated employees' pay were subject to reduction  because of variations in the quantity of work performed.   23.  Defendant knew or should have been aware that Plaintiff and other similarly  situated employees worked in excess of forty ( 40) hours in a workweek, but willfully elected not  to compensate them for all hours worked in excess of forty ( 40) during the three (3) years preceding  the filing of this Complaint because of the preceding policies.   24.  Defendant's failure to pay Plaintiff and similarly situated employees for all hours  worked because of the preceding policies described above resulted in unpaid wages, including  . overtime wages, liquidated damages, costs, and attorneys' fees.  25.  Plaintiff brings her FLSA claims pursuant to 29 U.S.C. § 216(b) as a representative  action on behalf of herself and all other Similarly Situated Persons ("SSPs") of the opt-in class,  consisting of:  All current and former hourly employees of Defendant who worked  over 40 hours in any workweek and were not fully compensated for  all hours worked because they were unable to take an uninterrupted  meal break of thirty (30) minutes for the period beginning three (3)  years immediately preceding the filing of this Complaint (the  "§216(b) Class" or the "§216(b) Collective Members").   26.  This FLSA claim is brought as an "opt-in" collective action pursuant to 29 U.S.C.  §216(b) as to claims for overtime compensation, compensation withheld in violation of the FLSA,  liquidated damages and attorneys' fees under the FLSA. In addition to Plaintiff, numerous putative  §216(b) Collective Class Members have been denied proper overtime wages due to Defendant's  Page 5 ofll  company-wide payroll policies and practices. Plaintiff is representative of those other similarly  situated employees and is acting on behalf of her interests as well as their own in bringing this  action.   27.  These FLSA claims are brought as an "opt-in" collective action pursuant to 29  U.S.C. §216(b) as to claims for overtime compensation, compensation withheld in violation of the  FLSA, liquidated damages and attorneys' fees under the FLSA. In addition to Plaintiff, numerous  putative §216(b) Collective Class Members have been denied proper overtime wages due to  Defendant's companywide payroll policies and practices. Plaintiff is representative of herself and  those other similarly situated employees with respect to the §216(b) Class.   28.  The identity of the putative §216(b) Collective Class Members are known to  Defendant and are readily identifiable through Defendant's payroll records. These individuals may  readily be notified ofthis action and allowed to opt into it pursuant to 29 U.S.C. §216(b), for the  purpose of collectively adjudicating their claims for overtime wages, liquidated damages,  attorneys' fees and costs under the FLSA.   29.  The net effect of Defendant's policies and practices is that Defendant willfully  failed to pay overtime wages and maintain proper recordkeeping. Thus, Defendant enjoyed  substantial ill-gained profits at the expense of the Plaintiff and the §216(b) Class Members.  V.  30.  All of the preceding paragraphs are realleged as if fully rewritten herein.   32.  During the three (3) years preceding the filing of this Complaint, Defendant  employed the Plaintiff and the § 216(b) Collective Members.   33.  Plaintiff and the§ 216(b) Collective Members were paid on an hourly basis.   34.  Plaintiff and the § 216(b) Collective Members primarily performed non-exempt  job duties.   35.  Plaintiff and the § 216(b) Collective Members worked in excess of 40 hours in a  workweek.   36.  The FLSA requires that non-exempt employees receive overtime compensation for  hours worked in excess of forty (40) per week. See 29 U.S.C. § 207(a)(l).   37.  Plaintiff and the § 216(b) Collective Members were not exempt from receiving  FLSA overtime benefits because, inter alia, they were not "executive," "administrative," or  . "professional" employees, as those terms are defined under the FLSA. See 29 C.F .R. § § 541.1, et  seq.   38.  Plaintiff and the § 216(b) Collective Members were not exempt from receiving  FLSA overtime benefits because, inter alia, they were not a "learned professional" employee, as  that term is defined under the FLSA. See 29 CFR § 541.301.   39.  Plaintiff and the§ 216(b) Collective Members worked in excess of forty (40) hours  per week during the three (3) years preceding the filing date of this lawsuit.   40.  Plaintiff and the § 216(b) Collective Class Members should have been paid the  overtime premium for all hours worked in excess of forty ( 40) hours per workweek.   42.  Accordingly, Defendant knew or should have known of the overtime payment  requirements of the FLSA. Despite such knowledge, Defendant willfully withheld and failed to  pay the overtime compensation to which Plaintiff and the § 216(b) Collective Members are  entitled.   43.  The exact total amount of compensation, including overtime compensation, that  Defendant has failed to pay Plaintiff and the § 216(b) Collective Members is unknown at this time,  as many of the records necessary to make such precise calculations are in the possession of  Defendant or were not kept by Defendant.   44.  As a direct and proximate result of Defendant's conduct, Plaintiff has suffered and  continues to suffer damages in an amount not presently ascertainable. In addition, Plaintiff seeks  liquidated damages, interest and attorneys' fees, and all other remedies available, as result of  Defendant's willful failure and refusal to pay overtime wages.  VI.  A. 216(b) Collective Action for Unpaid Overtime and Other Wages.  