(12 NYCRR § 142-2.4: Spread of Hours Pay)   (FLSA: Failure to Pay Overtime Compensation)   (FLSA: Failure to Pay Overtime Compensation)   (NYLL & NYCRR: Failure to Pay Overtime Compensation)   (NYLL: Failure to Furnish Wage Notices)   (NYLL: Failure to Furnish Wage Statements)   (NYLL & NYCRR: Unpaid Minimum Wage)   10.  Plaintiff Lazo brings this action individually and on behalf of all other employees  similarly situated, as authorized under 29 U.S.C. § 216(b).  The employees similarly situated are:  FLSA Collective: All persons who are or have been employed by  Defendants as non-exempt employees, including but not limited to Sewists  and/or other similar non-exempt jobs, at any location operated by  Defendants from three (3) years prior to this action’s filing date through the  date of the final disposition of this action.   30.  As outlined above, Defendants employed Plaintiff Lazo from approximately 2015  until June or July 2019.  Defendants paid Plaintiff a range of hourly wages from $9.50 an hour to  $11.00 an hour at different times during her employment.   31.  As a Sewist, Plaintiff Lazo was primarily responsible for sewing pants and jackets.   32.  At all times during Plaintiff Lazo’s employment, Plaintiff Lazo was a non-exempt  employee entitled to the protections of the FLSA, NYLL, and NYCRR.   33.  During most weeks of employment, Defendants required Plaintiff Lazo to work in  excess of 40 hours per week. By way of example, a typical work week was:   a.  Monday, from 9:00 AM to 6:00 PM; (i.e., over 8 hours);  b.  Tuesday, from 9:00 AM to 6:00 PM; (i.e., over 8 hours);  c.  Wednesday, from 9:00 AM to 6:00 PM; (i.e., over 8 hours);  d.  Thursday, from 9:00 AM to 6:00 PM; (i.e., over 8 hours);  e.  Friday, from 9:00 AM to 6:00 PM; (i.e., over 8 hours);  f.  Saturday, from 9:00 AM to 6:00 PM; (i.e., over 8 hours); and  g.  Sunday, N/A; (i.e., “Day Off”).   39.  Plaintiffs allege and incorporate herein by reference all of the foregoing allegations  in the preceding paragraphs.   40.  As outlined above, during the relevant time period, Defendants’ policies and  practices violated the provisions of the FLSA regarding the payment of minimum wage to Plaintiff  Lazo and the members of the FLSA Collective by, among other things, failing to pay them the  applicable minimum wage for all hours worked.    41.  Accordingly, Plaintiff Lazo and the members of the FLSA Collective are entitled  to the difference between the wages paid (if any) by Defendants for every hour worked and the  FLSA minimum wage, plus any applicable statutory penalties and/or liquidated damages, as  damages for Defendants' violations of the FLSA’s minimum wage provisions.   42.  The foregoing conduct, as alleged, constitutes a willful violation of the FLSA,  within the meaning of all relevant statuary sections, including but not limited 29 U.S.C §§ 216(b)  and 255(a).    44.  Plaintiffs allege and incorporate herein by reference all of the foregoing allegations  in the preceding paragraphs.   45.  During the relevant time period, Plaintiff Lazo and the members of the FLSA  Collective  worked  in  excess  of  40  hours  per  workweek.    Because of Defendants' above-outlined violations of the FLSA, Plaintiff Lazo and the members of  the FLSA Collective were not paid appropriate overtime compensation for every hour worked in  excess of 40 hours in any given workweek.     46.  Despite the hours worked by Plaintiff Lazo and the members of the FLSA  Collective, Defendants willfully, in bad faith, and in knowing violation of the FLSA, failed and/or  refused to pay Plaintiffs and the members of the FLSA Collective all appropriate overtime  compensation.   47.  The foregoing conduct, as alleged, constitutes a willful violation of the FLSA,  within the meaning of all relevant statuary sections, including but not limited 29 U.S.C §§ 216(b)  and 255(a).   48.  Accordingly, Plaintiff Lazo and the members of the FLSA Collective are entitled  to the difference between the wages paid (if any) by Defendants and the applicable overtime rate  of pay, plus any applicable statutory penalties and/or liquidated damages, as damages for  Defendants' violations of the FLSA’s overtime provisions.   50.  Plaintiffs allege and incorporate herein by reference all of the foregoing allegations  in the preceding paragraphs.   51.  As outlined above, Defendants' pay practices failed to pay Plaintiff Lazo and the  members of the New York Class the applicable minimum wage for every hour worked as required  by the NYLL and the NYCRR.    52.  Accordingly, Plaintiff Lazo and the members of the New York Class are entitled to  the difference between the applicable minimum wage and the wages (if any) paid by Defendants,  plus any applicable statutory penalties and/or liquidated damages, as damages for Defendants'  violations of, inter alia, the NYLL and the NYCRR.   53.  The foregoing conduct, as alleged, constitutes a willful violation of the NYLL  without a good faith basis within the meaning of, inter alia, NYLL § 198, and as a result Plaintiff  Lazo and the members of the New York Class are entitled to the applicable statutory penalties  and/or liquidated damages and such other legal and equitable relief as the Court deems just and  proper.   54.  Plaintiff Lazo and the members of the New York Class also seek to have their  reasonable attorneys’ fees and costs paid by Defendants, as provided for by the NYLL and  60.  Plaintiffs allege and incorporate herein by reference all of the foregoing allegations  in the preceding paragraphs.   61.  At all relevant times, all Defendants were “employers” as defined by 12 NYCRR §  142 et seq.   62.  At all relevant times, Plaintiff Lazo and the members of the New York Class are or  were “employees” as defined by 12 NYCRR § 142 et seq.   69.  Plaintiffs allege and incorporate herein by reference all of the foregoing allegations  in the preceding paragraphs.    70.  During the relevant time period, Defendants failed to furnish Plaintiff Lazo and the  members of the New York Class with accurate wage notices that specifically enumerated certain  criteria, as required by NYLL § 195(1).   73.  Plaintiffs allege and incorporate herein by reference all of the foregoing  allegations in the preceding paragraphs.    74.  During the relevant time period, Defendants failed to furnish Plaintiff Lazo and  the members of the New York Class with accurate wage statements that specifically enumerated  certain criteria, as required by NYLL § 195(3).   75.  Defendants' violation of the NYLL was willful and, as a result, Defendants are  liable to Plaintiff Lazo and the members of the New York Class for the applicable statutory  penalty and/or liquidated damage applicable at the time the violation occurred, which may be  $250 per violation up to a maximum of $5,000 per class member.   76.  In addition to statutory penalties, Plaintiff Lazo and the members of the New York  Class are entitled to recover from Defendants’ their costs and reasonable attorneys’ fees, pre- judgment and post-judgment interest, and all other remedies this Court deems just and proper. 