10.   Plaintiff sues on his own behalf and on behalf of a class of persons under Fed. R.  Civ. P. 23(a), (b)(3). The persons in the Class identified above are so numerous that joinder of all  members is impracticable. Although the precise number of such persons is unknown, and facts  on which the calculation of that number can be based are presently within the sole control of  Defendants, upon information and belief there are at least around 50 Class Members, and there  could be significantly more.   11.  There are questions of law and fact common to Class that predominate over any  questions affecting only individual members, including:   a. Whether Defendants employed and/or jointly employed Plaintiff under New York  law;   b. Whether Defendants provided to their employees, at the time of each employee’s  hire and on or before February first of each subsequent year of that employee’s  employment, notices meeting the requirements outlined in NYLL § 195(1)(a); and   c. Whether Defendants provided to their employees, with each payment of wages  and wage statements meeting the requirements outlined in NYLL § 195(3).    12.  The claims of representative parties are typical of the claims of the Class.   14.  A class action is superior to other available methods for the fair and efficient  adjudication of the controversy, particularly in the context of wage and hour litigation, where  individual plaintiff lacks the financial resources to vigorously prosecute a lawsuit in federal court  against corporate defendants.    15.  Defendants have acted on grounds generally applicable to the Class, thereby  making relief, including declaratory and/or injunctive relief, appropriate for the Class.  34.  Plaintiff brings FLSA and NYLL claims on behalf of himself and all similarly  situated persons employed by Defendants.    35.  Plaintiff was, at various times between 2009 and the present, employed as a  building superintendent in buildings owned and/or operated by Defendants in New York.    37.  All of the work that Plaintiff and proposed Class Members performed was  assigned by Defendants and/or Defendants were aware of all the work performed by Plaintiff and  Class Members, as well as hours that Plaintiff and Class Members worked.    38.  Plaintiff was on call 24 hours a day, 7 days a week. Even when the Plaintiff was  not actively working, he was nonetheless expected to be available to answer tenant calls and deal  with any emergencies that arose. If at any point during the day or night he needed to leave  building premises, he was required to call his Field Managers to notify them that they were  leaving and to inform them of who would be covering the building during his absence.    39.  When Plaintiff and Class Members accepted employment with Defendants, they  were hired to work at fixed biweekly wage rates.    40.  At all relevant times, Defendants had the right to control, and did in fact control,  the hours, hourly pay, assignments and schedules of the named Plaintiff and all superintendents  working at the residential complexes Defendants own and/or manage.    41.  On information and belief, Defendants failed to pay Class Members overtime  wages at a rate of one and one-half times their regular rate of pay of hours worked in excess of  40 per work week.    42.  As described above, Defendants failed to pay the named Plaintiff minimum wages  as required by law and/or overtime wages at a rate of one and one-half times their regular pay of  hours worked in excess of 40 per work week.     44.  As part of their regular business practices, Defendants intentionally, willfully and  repeatedly engaged in a pattern, practice and/or policy of violating the FLSA and NYLL. This  pattern or practice includes, but is not limited to:   a. Failing to record hours or to establish, maintain and preserve for not less than six  years contemporaneous, true, and accurate payroll records;   b. Willfully failing to pay Plaintiff and Class Members required minimum wages  and/or one and one half times their regular rate of pay for hours worked in excess  of forty per work week;   c. Failing to provide Plaintiff and Class Members with yearly employment notices  as required by NYLL § 195(1)(a); and   d. Failing to provide Plaintiff and Class Members with wage statements upon each  payment of wages as required by NYLL § 195(3).    45.  At all relevant times, Defendants failed to post and/or keep posted a notice  explaining employees’ rights under the FLSA, in violation of 29 C.F.R. § 516.4.    46.  Upon information and belief, Defendants’ unlawful conduct as described herein is  pursuant to a policy or practice of attempting to minimize labor costs by violating the FLSA and  49.  At all relevant times, Huggins was and is employed as a building superintendent  at one of the many multifamily residential complexes owned and operated by the Defendants.    50.  Plaintiff lives in the complex where he works. He lives there for the primary  purpose of being available to provide services on a 24 hour basis and would not live there but for  the fact that he must be on site at all times to meet the requirements of his job.    51.  During his employment with Defendants, Plaintiff has worked in excess of 40  hours Plaintiff sufficiently for all hours worked as required by law.    52.  In addition to his hours actively working, Plaintiff was required to be on call to  deal with any situation or need that arose in the buildings 24 hours a day, 7 days a week. When  he needed someone to cover for him, he had to pay them out of his own pocket, which his  supervisors knew.    53.  Despite complaining to supervisors, Plaintiff has never been given time off except  for two, two-week vacations over the course of a nearly six year employment, with one of those  vacations being cut short when Defendants summoned Plaintiff to return to attend to building  maintenance and repair issues that Defendants deemed were an emergency and could only  addressed with Plaintiff returning from vacation.    54.  At all relevant times, Defendants paid Plaintiff a fixed sum starting at $400 per  week with minimum increases being periodically given.   55.  Plaintiff alleges and incorporates by reference the allegations contained in all  preceding paragraphs.    57.  Plaintiff consents to be a party to this action, pursuant to 29 U.S.C § 216(b).    58.  At all times relevant to this action, Plaintiff and Class Members were employed  by Defendants within the meaning of the FLSA, 29 U.S.C. § 203€.   59.  At all times relevant to this action, Plaintiff and Class Members were engaged in  commerce and the corporate Defendants were enterprises engaged in commerce within the  meaning of 29 U.S.C. § § 206(A) and 207(a).    60.  Defendants violated the rights of Plaintiff and Class Members by failing to pay  them the minimum wage for each hour worked in each discrete work week, in violation of the  FLSA, 29 U.S.C § 206(a)(1).    61.  Defendants failure to pay Plaintiff and Class Members the minimum wage was  willful within the meaning of the FLSA, 29 U.S.C. § 255.    62.  Defendants are liable to Plaintiff and Class Members for their unpaid minimum  wages, plus an additional equal amount as liquidated damages, reasonable attorney’s fees and  costs, and any other appropriate relief pursuant to 29 U.S.C. § 216(b).  63.  Plaintiff alleges and incorporates by reference the allegations contained in all  preceding paragraphs.    64.  Defendants violated the rights of Plaintiff and Class Members by failing to pay  overtime compensation at a rate not less than one and one-half times the regular rate of pay for  each hour worked in excess of 40 per week, in violation of the FLSA, 29 U.S.C. § 207(a)(1).    66.  Defendants are liable to Plaintiff and Class Members for their unpaid overtime  compensation, plus an additional equal amount as liquidated damages, reasonable attorney’s fees  and costs, and any other appropriate relief pursuant to 29 U.S.C. § 216(b).   67.  Plaintiff alleges and incorporates by reference the allegations contained in all  preceding paragraphs.    68.  Pursuant to NYLL 195(1)(a), every employer is required to   provide his or her employees, in writing in English and in the language identified by each  employee as the primary language of such employee, at the time of hiring, and on or  before February first of each subsequent year of the employee’s employment with the  employer, a notice containing the following information: the rate or rates of pay and basis  thereof, whether paid by the hour, shift, day, week, salary, piece, commission, or other;  allowances, if any, claimed as part of the minimum wage, including tip, meal, or lodging  allowances; the regular pay day designated by the employer in accordance with section  one hundred ninety-one if this article; the name of the employer; any “doing business as”  names used by the employer; the physical address of the employer’s main office or  principal place of business and a mailing address if different; the telephone number of the  employer; plus such other information as the commissioner deems material and  necessary.    69.  Defendants knowingly failed to comply with this provision by failing to provide  Plaintiff and Class Members with any kind of annual notice whatsoever, let alone an annual  notice meeting the requirements laid out in ¶ 99.    70.  NYLL  § 198(1)(b) provides that any employee not provided such notice may  collect damages for $50 for each work day that the violation occurred or continued to occur, up  to a total of $5,000 per employee (together with costs and reasonable attorneys’ fees as well as  appropriate injunctive and/or declaratory relief).    72.  Defendants are therefore liable to Plaintiff and Class Members in the amount of  $5,000 per employee, plus reasonable attorney’s fees and costs, and any other relief appropriate  pursuant to NYLL § 198.   73.  Plaintiff alleges and incorporate by reference the allegations contained in all  preceding paragraphs.    74.  Pursuant to NYLL § 195(3), every employer is required to   furnish each employee with a statement with every payment of wages, listing the  following: the dates of work covered by that payment of wages, listing the following: the  dates of work covered by that payment of wages; name of employee; name of employer;  address and phone number of employer; rate or rates of pay and basis thereof, whether  paid by the hour, shift, day, week, salary, piece, commission, or other; gross wages;  deductions; allowances; if any, claimed as part of the minimum wage; and net wages.    75.  Defendants knowingly failed to comply with this provision by failing to provide  Plaintiff and Class Members with wage statements meeting the requirements laid out in ¶ 105.    76.  NYLL § 198(1)(d) provides that any employee not provided appropriate wage  statements may collect damage of $250 for each work day that the violation occurred or  continued to occur, up to a total of $5,000 per employee (together with costs and reasonable  attorneys’ fees as well as appropriate injunctive and/or declaratory relief).    77.  During the course of Plaintiff and Class Members’ employment, Defendants  consistently and willfully failed to provide them with adequate wage statements as required by  New York law.    9.  Defendants are liable under the FLSA for, inter alia, failing to properly  compensate Plaintiff, and as such, notice should be sent to all others similarly situated. There are  numerous similarly situated current and former employees of Defendants who have been  similarly underpaid in violation of the FLSA and who would benefit from the issuance of a  court-supervised notice of the present lawsuit and the opportunity to join.   Alejandro Huggins  