16.  Defendant performs track and transit system construction and maintenance work  in multiple states.   17.  At all relevant times, Defendant employed Named Plaintiff and similarly situated  individuals as non-exempt laborers.    18.  Laborers performed the manual tasks associated with Defendant’s track and  transit system construction and maintenance services.    19.  Defendant paid laborers on an hourly basis.    20.  Laborers were required to report to jobsites to perform Defendant’s construction  and maintenance services in various states. These jobsites were frequently located hundreds of  miles away from laborers’ home communities.   22.  Laborers spent most of the day before and after their shifts driving hundreds of  miles to and from the jobsites. This travel cut across Laborers’ normal working hours during  both regular working days and nonworking days.    23.  The identity of all laborers is unknown at this time, but is known to Defendant  and is contained in Defendant’s records.    24.  Defendant did not count time spent traveling as hours worked for purposes of  determining overtime eligibility. Consequently, Defendant failed to pay proper wages, including  overtime wages to Named Plaintiff and other similarly situated individuals.   25.  At all material times, Defendant willfully deprived laborers of proper wages,  including overtime wages.     26.  Defendant knew that laborers were working overtime hours and hours for which  they were not compensated at an overtime rate when they traveled to jobsites.    27.  The exact amount of compensation, including overtime compensation that  Defendant has failed to pay Named Plaintiff and other similarly situated individuals is unknown  at this time. However, Defendant possesses many of the records necessary to make precise  calculations.   28.  The FLSA requires employers to make, keep, and preserve records of the wages,  hours, and other conditions and practices of employment, and to preserve such records.    29.  Defendant did not make, keep or preserve accurate records of the hours worked  by Named Plaintiff and similarly situated individuals.    31.  Defendant’s conduct was willful and in bad faith and has caused significant  damages to Named Plaintiff and similarly situated individuals.  32.  Named Plaintiff, on behalf of himself and other similarly situated individuals, re- allege and incorporate by reference the above paragraphs as if fully set forth herein.   33.  Named Plaintiff brings this action on behalf of himself and all other similarly  situated individuals pursuant to the FLSA, 29 U.S.C. § 216(b). The proposed collective is  defined as follows:  All persons who JB employed or employs as non-exempt hourly employees who  have not been paid at an overtime rate for time spent traveling to jobsites in which  an overnight stay is required when such travel resulted in a work week in excess  of 40 hours at any time during the three years preceding the filing of this action.  (“FLSA Collective”)   34.  Named Plaintiff is similarly situated to the FLSA Collective and will prosecute  this action vigorously on their behalf.    35.  During the relevant time period, Named Plaintiff and the FLSA Collective  routinely spent time traveling away from home to Defendant’s jobsites. Named Plaintiff and the  FLSA Collective were not compensated for their travel time at an overtime rate, even when such  travel resulted in a work week in excess of 40 hours.    36.  Defendant willfully engaged in a pattern of violating the FLSA, 29 U.S.C. § 201  et seq., as described in this Complaint in ways including, but not limited to, failing to pay Named  Plaintiff and the FLSA Collective proper compensation, including overtime compensation, for  their travel time.    38.  Defendant is liable under the FLSA for failing to properly compensate Named  Plaintiff and the FLSA Collective and, as such, notice of this action should be sent to the FLSA  Collective. There are numerous similarly situated current and former employees of Defendant  who have been denied overtime wages in violation of the FLSA and would benefit from the  issuance of a court-supervised notice of this action and the opportunity to join it. Those similarly  situated employees are known to Defendant and are readily identifiable through Defendant’s  records.  39.  Named Plaintiff, on behalf of himself and similarly situated individuals, re-alleges  and incorporates by reference the above paragraphs as if fully set forth herein.   40.  The FLSA requires employers to compensate employees for their travel time. U.S.  Department of Labor regulations require payment for travel time when employees are required to  travel away from their home communities. See 29 C.F.R. § 785.39.   41.  As employees of Defendant, Named Plaintiff and the FLSA Collective have not  been compensated for time spent traveling away from their home communities to Defendant’s  jobsites at an overtime rate, even when such travel resulted in a work week in excess of 40 hours.    42.  The FLSA at 29 U.S.C. § 207 requires employers to pay employees one and one- half times the regular rate of pay for all hours worked in excess of 40 hours per workweek.     44.   Defendant failed to compensate Named Plaintiff and the FLSA Collective for the  travel time hours they worked in excess of 40 hours per workweek at an overtime rate.   45.  Named Plaintiff and the FLSA Collective do not qualify for an exemption from  the FLSA’s wage and overtime obligations.    46.  Defendant knew that Named Plaintiff and the FLSA Collective are not exempt  from the FLSA’s wage and overtime provisions.    47.  Defendant knew that it was required to pay Named Plaintiff and the FLSA  Collective for all hours worked, including hours spent traveling away from their home  communities to jobsites.    48.  Defendant knew that it was required to pay Named Plaintiff and the FLSA  Collective for all hours worked over forty in any workweek.    49.  In spite of such knowledge, Defendant willfully withheld and failed to pay the  wages and overtime wages to which Named Plaintiff and the FLSA Collective are entitled.    50.  Defendant knew, or showed reckless disregard for the fact, that it failed to  compensate Named Plaintiff and the FLSA Collective proper wages, including overtime wages  for all hours worked.     51.  Defendant’s actions, policies, and practices described herein violate the FLSA’s  overtime pay provisions by regularly and repeatedly failing to compensate Named Plaintiff and  the FLSA Collective at the required overtime rate for all overtime hours worked.    53.  The foregoing conduct constitutes a willful violation of the FLSA within the  meaning of 29 U.S.C. § 255(a).     54.  As the direct and proximate result of Defendant’s unlawful conduct, Named  Plaintiff and the FLSA Collective have suffered and will continue to suffer a loss of income and  other damages. Named Plaintiff and the FLSA Collective seek damages in the amount of their  unpaid overtime wages, liquidated damages, interest, reasonable attorneys’ fees and costs  pursuant to 29 U.S.C. §§ 216(b) and 255(a), and such other legal and equitable relief as the Court  deems just and proper.  INCLUDING OVERTIME WAGES, IN VIOLATION OF THE   FAIR LABOR STANDARDS ACT  (On Behalf of Named Plaintiff and the FLSA Collective)  