(Failure to Pay Timely Wages Due - Arizona Wage Statute)   20.  ComTrans is an Arizona corporation in the business of providing behavioral  health and social services transportation to children and adults with special or unique non- emergency circumstances.     21.  ComTrans employs more than 400 Drivers whose principal business is to  provide transportation services for the company’s clients.  Drivers provide transportation  services for clients of CPS and other behavioral health care services from their home, health  care facilities and various locations.  Drivers are responsible for maintaining accurate and  complete paperwork.  Drivers are also responsible for maintenance of ComTrans’  equipment, including vehicles, radios, map books, and car seats.     22.      ComTrans requires its Drivers to remain in dress code at all times during their  work day, even when they are at base during non-working hours.  The uniform includes an  assigned ComTrans shirt.     23.  Plaintiff was employed during his tenure for ComTrans as a ComTrans driver  from on or around April 7, 2014 until in or around June 2015.  Plaintiff was also employed  as a case aide from in or around June 2015 until on or around March 10, 2016.  Plaintiff’s  duties as a case aide included driving.       24.  As a non-exempt Driver Plaintiff provided transportation services pursuant to  strict ComTrans policies.    25.      Plaintiff provided transportation for women in domestic violence crisis,  individuals in detoxification facilities, individuals who are seriously mentally ill, and other  individuals with sensitive needs.     26.      ComTrans provided Plaintiff a company-owned vehicle to perform his  transportation duties as a Driver, as well as a two-way radio and company cell phone to  communicate with dispatch and track his schedule and daily transports.   28.     ComTrans considered Plaintiff’s start time as the time he arrived on scene for  his first pick-up and his end time is the last drop-off.     29.      ComTrans required Plaintiff to perform duties before the start of his shift and  after his shift concluded without recording that time or receiving compensation for it.   30.    Throughout the day, there were numerous hours in which Plaintiff was required  to be working but was not allowed to record his time and thus was not compensated for the  time he worked.     31.      According to ComTrans policy, Plaintiff was required to drive his company  vehicle to pick up his first passenger while in uniform, but he was not paid for this time.   32.      Plaintiff was required to turn in his manifest, which is his daily schedule, to  ComTrans’ home base located at 2336 East Magnolia Street in Phoenix, Arizona, but he  was not compensated for this time.     33.      Plaintiff was required to check with ComTrans Scheduling or Dispatch by  radio prior to his first trip and after his last drop off of the last client in many instances,  which he was not compensated for.   34.      Plaintiff was also required to prepare his schedule in advance of each day he  spent working, but he was not compensated for this time.  ComTrans acknowledges in its  written policies that planning a route takes ample time for a driver.  Nevertheless, ComTrans  required this work to be completed “prior to [Plaintiff’s] start of shift” and he was not  compensated for this time.  During this planning time, Plaintiff was required to download  his manifest from the transport application, print a hardcopy of the manifest, locate his first  stop in the map book and write out the route he was going to use to get there.  These tasks  were completed for each transport scheduled on a given day.  All of these tasks were  required to be completed before Plaintiff’s shift started, and he was not able to record or  receive compensation for this time.   36.      ComTrans also did not compensate Plaintiff for hours he spent working  during the day that the company called “downtime.”  ComTrans considered downtime to be  the time in between scheduled client pickups throughout Plaintiff’s day that is thirty minutes  or longer.  ComTrans required Plaintiff to wear his work uniform, continue to utilize his  work vehicle, and perform work duties by responding to dispatch during this “downtime.”   ComTrans prohibited Plaintiff from using the company-owned vehicle for personal use, and  ComTrans required Plaintiff to remain within a four-mile radius of his last drop-off during  downtime so that he could quickly provide services to new transports.  ComTrans policy  required Plaintiff to clean his vehicle during unpaid downtime as well.     37.      ComTrans also required Plaintiff to work off the clock when a passenger  canceled a scheduled transport.  If Plaintiff was traveling to pick up a client and the client  canceled the transport prior to his arrival, ComTrans would not pay Plaintiff for that travel  time.       38.      ComTrans required Plaintiff to perform mandatory maintenance and cleaning  on his company-owned vehicle as part of his regular job duties.  ComTrans required Plaintiff  to perform this work without recording the time and compensating him for it.  For example,  ComTrans’ written policy required Plaintiff to return to the base to charge his radio or phone  battery if it was dead, but he was required to do this mandatory task during a “break” and  was not compensated for this time.   40.      ComTrans required Plaintiff to attend mandatory training during regular hours  of employment directly related to his duties as a driver transporting individuals with special  health concerns, including training about planning daily routes, filling out transportation  logs, customer service, and CPR.  According to written ComTrans policy, Plaintiff was not  paid for mandatory CPR training or benefits meetings.   41.      ComTrans required Plaintiff to attend a four-hour CPR training and additional  hours of refresher CPR training as part of his duties as a driver for individuals with serious  health conditions.  ComTrans’ written policy, however, required Plaintiff to attend the CPR  training without receiving compensation for that time.  ComTrans also required Plaintiff to  attend benefits meetings but he was not compensated for this time either.        42.  Plaintiff routinely worked in excess of forty (40) hours per week as part of his  regular schedule as a Driver, many hours for which he was required to work off the clock.    43.  Plaintiff typically worked approximately sixty (60) hours per week during his  employment at ComTrans.   44.      During a typical day, Plaintiff would start his work for ComTrans at around  five in the morning.  He would review his daily manifest and plan his route.  He would then  travel to his first pickup at six in the morning.  None of the work he performed prior to his  first pick-up was compensated.  He then would conduct transports throughout the day, often  with downtime ranging from thirty minutes to several hours that was not compensated for  despite being required to perform job duties like answering calls from dispatch or having  maintenance performed on ComTrans’ equipment.  He would then drop off his last pick-up  around six in the evening.     46.      ComTrans also failed to timely pay Plaintiff all the wages which he was due  in violation of the Arizona Wage Statute.     47.  Plaintiff’s duties, hours and compensation are indicative of the similarly  situated Drivers.   48.      ComTrans improper policies and compensation practices applied to Plaintiff  and all similarly situated Drivers he purports to represent.     49.     For example, ComTrans provided its employees, including Plaintiff, with  numerous written policies uniformly applicable to all Drivers governing their job duties and  the compensation practices applicable to them, including a Driver’s Guide and Take Home  Policy Contract & Administrative Policy documenting when Drivers’ start and end their  shifts, their unpaid breaks that they must work through, unpaid trainings they are required  to attend, and the requirements like maintenance and cleaning that must be performed during  the Drivers’ breaks and at their own expense.     50.      The ComTrans Driver’s Guide indicates that all Drivers are subject to the  same duties and job requirements they are required to perform off the clock.     51.      The Driver’s Guide states that Drivers must remain in a four-mile radius of  their most recent pickup and continue to perform job duties in accordance with the  ComTrans Standard Conduct and Work Rules even during “downtime” for which the  company does not compensate.  The Driver’s Guide also requires all Drivers to download  their manifest on the transport application and plan their schedules “prior to the start of  [their] shift.”     52.      All the Drivers are uniformly subject to the same unlawful compensation  practices that Plaintiff was subject to during his employment at ComTrans.  54.  ComTrans’s illegal overtime wage practices were widespread with respect to  the proposed class.  The failure to pay proper overtime was not the result of random or  isolated individual management decisions or practices.    55.  ComTrans’s overtime wage practices were routine and consistent.   Throughout the Liability Period, employees regularly were not paid the proper overtime  wage despite working in excess of forty hours per week.   56.  Other Drivers performed the same or similar job duties as Plaintiff.  Moreover,  these Drivers regularly worked more than forty hours in a workweek.  Accordingly, the  employees victimized by ComTrans’s unlawful pattern and practices are similarly situated  to Plaintiff in terms of employment and pay provisions.   57.  ComTrans’s failure to pay overtime compensation at the rates required by the  FLSA result from generally applicable policies or practices and do not depend on the  personal circumstances of the members of the collective action.  Thus, Plaintiff’s experience  is typical of the experience of the others employed by ComTrans.   58.  The specific job titles or precise job requirements of the various members of  the collective action do not prevent collective treatment.  All ComTrans Drivers, including  Plaintiff, regardless of their precise job requirements or rates of pay, are entitled to overtime  compensation for hours worked in excess of forty (40).  Although the issue of damages may  be individual in character, there is no detraction from the common nucleus of facts  pertaining to liability.  60.  Throughout the Liability Period, ComTrans has employed a large number of  Drivers.  The class is therefore so numerous that joinder of all members is impracticable.   Members of the class can readily be identified from business records maintained by  ComTrans.   61.  Proof of ComTrans’s liability under the Arizona Wage Statute involves  factual and legal questions common to the class.  Whether Defendants paid Class members  the proper wages due in accordance with A.R.S. §§ 23-351, 23-353, 23-355 is a question  common to all Class Members.   62.  Like Plaintiff, all Class Members worked without being paid the statutorily  required overtime wage.  Plaintiff’s claim is therefore typical of the claims of the class.   63.  Plaintiff has no interest antagonistic to those of other Class Members and has  retained attorneys who are knowledgeable in wage and hour and class action litigation.  The  interests of Class Members are therefore fairly and adequately protected.   64.  This action is maintainable as a class action under Rule 23(b)(3) because  questions of law or fact common to the Class predominate over any questions affecting only  individual members.   65.  In addition, a class action is superior to other available methods for the fair  and efficient adjudication of the controversy.  The Arizona Wage Statute recognizes that  employees who are denied their wages often lack the ability to enforce their rights against  employers with far superior resources.  Further, because the damages suffered by individual  class members may be relatively small, the expense and burden of individual litigation  makes it difficult for members of the class to individually redress the wrongs done to them.   66.  Plaintiff’s Arizona Wage Statute claim is easily managed as a class action.   The issue of liability is common to all Class Members.  Although the amount of damages  may differ by individual, they are objectively ascertainable and can be easily calculated.  67.  Plaintiff incorporates by reference all of the above allegations as though fully  set forth herein.   68.  Plaintiff was a non-exempt employee entitled to the statutorily mandated  overtime pay according to the FLSA.   69.  ComTrans was an employer pursuant to 29 U.S.C. § 203(d).   70.  ComTrans failed to comply with 29 U.S.C. § 207 because Plaintiff worked  for ComTrans in excess of forty hours per week, but ComTrans failed to pay Plaintiff for  those excess hours at the statutorily required rate of one and one-half times Plaintiff’s  regular rate of pay as required by the FLSA.   71.  ComTrans’s failure to pay overtime to Plaintiff was willful.  ComTrans knew  Plaintiff was working overtime but failed to properly pay overtime wages.  ComTrans had  no reason to believe its failure to pay overtime was not a violation of the FLSA.   72.  Plaintiff is entitled to statutory remedies provided pursuant to 29 U.S.C. §  216(b), including but not limited to liquidated damages and attorneys’ fees.  73.  Plaintiff incorporates by reference all of the above allegations as though fully  set forth herein.   74.  ComTrans was aware of its obligation to pay timely wages pursuant to A.R.S.  § 23-351.   75.  ComTrans was aware that, under A.R.S. §§ 23-351-353, it was obligated to  pay all wages due to Plaintiff.   76.  ComTrans failed to timely pay Plaintiff wages he was due without a good  faith basis for withholding the wages.  