(29 U.S.C. § 216(b) Collective Action)  VIOLATION OF THE FAIR LABOR STANDARDS ACT,  29 U.S.C. § 201, et seq. – FAILURE TO PAY OVERTIME   26.  Defendants operate a restaurant in Traverse City, Michigan that specializes in  comfort food; including Cornish Pasties, Breakfast Bobbies, soups, salads, wraps, and sandwiches.   See, https://cousinjennyspasties.com/ (last visited on 10/21/20).   27.  Plaintiffs were employed by Defendants in the Traverse City restaurant as Front of  the House Employees.   28.  Plaintiffs regularly and customarily earned more than $30 in tips per month.   29.  On August 24, 2020, Plaintiffs’ sent a letter to Defendants demanding the return of  all confiscated tips and explained that retention of their tips was a clear violation of the FLSA.   30.  Defendants ignored Plaintiffs’ August 24, 2020 request to return all of their tips.  31.  Plaintiffs bring this action pursuant to 29 U.S.C. § 216(b) of the FLSA on behalf of  themselves and on behalf of:  All current and former hourly Front of the House Employees who  worked for Defendants at any time in the past three years.  (hereinafter referred to as the “FLSA Collective”).  Plaintiffs reserve the right to amend this  definition if necessary.   32.  Defendants are liable under the FLSA for, inter alia, failing to properly compensate  Plaintiff and others similarly situated.   34.  Consistent with Defendants’ policies and practice, Plaintiffs and the proposed  FLSA Collective were unlawfully deprived of their tips/gratuities.   35.  All of the work Plaintiff and the proposed FLSA Collective performed was assigned  by Defendants, and/or Defendants were aware of all of the work the Plaintiffs and the proposed  FLSA Collective performed.   36.  As part of its regular business practice, Defendants intentionally, willfully, and  repeatedly engaged in a pattern, practice, and/or policy of violating the FLSA with respect to  Plaintiffs and the members of the FLSA Collective.  This policy and pattern or practice includes,  but is not limited to wage theft (stealing tips).   37.  Defendant is aware, or should have been aware, that federal law, particularly the  FLSA, deems tips the property of the employee and that under no circumstances may the employer  confiscate the employee’s tips.   38.  Defendant’s unlawful conduct was widespread, repeated, and consistent.   39.  A collective action under the FLSA is appropriate because the employees described  above are “similarly situated” to Plaintiff under 29 U.S.C. § 216(b). The employees on behalf of  whom Plaintiff brings this collective action are similarly situated because (a) they have been or  are employed in the same or similar positions; (b) they were or are performing the same or similar  job duties; (c) they were or are subject to the same or similar unlawful practices, policy, or plan;  and (d) their claims are based upon the same factual and legal theories.   41.  There are many similarly situated current and former Front of the House Employees  who were underpaid in violation of the FLSA.  They would benefit from the issuance of a court- authorized notice of this lawsuit and the opportunity to join.   42.  Plaintiffs estimate the FLSA Collective, including both current and former Key  Holders over the relevant period, includes dozens of members.  The precise number should be  readily available from a review of Defendants’ personnel and payroll records.  43.  Plaintiff re-alleges and incorporates all paragraphs herein.   44.  At all times relevant to this action, Defendants were subject to the mandates of the  FLSA, 29 U.S.C. § 201, et seq.     45.  At all times relevant to this action, Defendants were engaged in interstate  commerce, or in the production of goods for commerce, as defined by the FLSA.   46.  At all times relevant to this action, Plaintiffs and the FLSA Collective members  were “employees” of Defendants within the meaning of 29 U.S.C. § 203(e)(1) of the FLSA.   47.  Plaintiffs and other FLSA Collective members, by virtue of their job duties and  activities actually performed, are all non-exempt employees.   48.  Plaintiffs and the FLSA Collective members either: (1) engaged in commerce; or (2)  engaged in the production of goods for commerce; or (3) were employed in an enterprise engaged  in commerce or in the production of goods for commerce.   50.  At all times relevant to this action, Defendants were obligated to comply with the  FLSA, in particular, 29 U.S.C. § 203(m)(2)(B), which provides:  An employer may not keep tips received by its employees for any  purposes, including allowing managers or supervisors to keep any portion  of employees’ tips, regardless of whether or not the employer takes a tip  credit. [emphasis added].   51.  Furthermore, 29 U.S.C. § 216(b) states:  Any employer who violates section 203(m)(2)(B) of this title shall be liable  to the employee or employees affected in the amount of the sum of any tip  credit taken by the employer and all such tips unlawfully kept by the  employer, and in an additional equal amount as liquidated damages.   52.  At all times relevant to this action, Defendants confiscated the tips left by  Defendants’ customers for Plaintiffs and the other Front of the House Employees, in violation of  the FLSA.   53.  Defendants’ violations of the FLSA were knowing and willful. Defendants knew or  could have allowed Front of the House Workers to retain their tips, but Defendants did not.   