26.  On or about September 15, 2014, Defendant hired Plaintiff into the position of  Press Helper.   27.  On or about June 22, 2018, Plaintiff’s employment with Defendant ended.   28.  During Plaintiff’s employment with Defendant and in addition to performing  compensable work in the position of Press Helper, Plaintiff also performed compensable work in  and held the positions of Press Operator and Finishing Operator.    30.  Plaintiff was an hourly-paid, non-exempt employee during the entirety of his  employment with Defendant.   31.  The vast majority of Defendant’s employees during the three (3) year period  immediately preceding the filing of this Complaint (ECF No. 1) were hourly-paid, non-exempt  employees.   32.  During Plaintiff’s employment with Defendant, Plaintiff’s usual and customary  weekly work schedule was Monday through Friday, 6:30 a.m. to 2:30 p.m.   33.  During the three (3) year period immediately preceding the filing of this  Complaint (ECF No. 1), the vast majority of Defendant’s hourly-paid, non-exempt employees  had usual and customary weekly work schedules, including normal and customary daily  scheduled shift start and end times.   34.  During the three (3) year period immediately preceding the filing of this  Complaint (ECF No. 1), Plaintiff and all other hourly-paid, non-exempt employees often worked  at least and/or in excess of forty (40) hours per workweek.   35.  During the three (3) year period immediately preceding the filing of this  Complaint (ECF No. 1), Plaintiff and all other hourly-paid, non-exempt employees often worked  at least and/or in excess of five (5) days per workweek.   36.  During the three (3) year period immediately preceding the filing of this  Complaint (ECF No. 1), Defendant compensated its hourly-paid, non-exempt employees,  including Plaintiff, bi-weekly via check.   38.  On a daily basis during Plaintiff’s employment with Defendant, Plaintiff worked  alongside other hourly-paid, non-exempt employees at Defendant’s Appleton, Wisconsin  location.   39.  During the three (3) year period immediately preceding the filing of this  Complaint (ECF No. 1), Defendant provided Plaintiff and all other hourly-paid, non-exempt  employees with a written “Employee Handbook.”    40.  Defendant’s “Employee Handbook” was last revised as of January 1, 2014.   41.  Defendant’s “Employee Handbook” contained the terms and conditions of  employment for its hourly-paid, non-exempt employees, including Plaintiff.   42.  Defendant’s “Employee Handbook” contained the company-wide, uniform  policies applicable to its hourly-paid, non-exempt employees, including Plaintiff.   43.  Defendant’s “Employee Handbook” contained the company-wide, uniform  policies applicable to its hourly-paid, non-exempt employees, including Plaintiff, relating to  hours worked, work performed, timekeeping, recordkeeping, and compensation.   44.  Defendant’s “Employee Handbook” contained a “Time Keeping” policy that  applied to its hourly-paid, non-exempt employees, including Plaintiff.   45.  Defendant’s “Time Keeping” policy as contained in its “Employee Handbook”  stated in full:  66.  Plaintiff brings this action on behalf of himself and all other similarly situated  employees as authorized under the FLSA, 29 U.S.C. § 216(b).  The similarly situated employees  include:   FLSA Collective:  All hourly-paid, non-exempt employees who  are or have been employed by Defendant within three (3) years  immediately prior to the filing of this Complaint (ECF No. 1) who  have not been compensated for all hours worked in excess of forty  (40) hours in a workweek as a result of impermissible and  unlawful time shaving and rounding by Defendant.    67.  Defendant, as a matter of policy and practice, did not compensate its employees  for all hours of compensable work performed by the FLSA Collective during a workweek.   68.  These practices resulted in Plaintiff and the FLSA Collective being denied  overtime compensation by Defendant at the rate of one and one-half times their regular hourly  rate of pay for hours worked in excess of forty (40) in a workweek.    70.  The First Claim for Relief is brought under and maintained as an opt-in Collective  Action pursuant to § 216(b) of the FLSA, 29 U.S.C. 216(b), by Plaintiff on behalf of the FLSA  Collective.     71.  The FLSA Collective claims may be pursued by those who affirmatively opt in to  this case, pursuant to 29 U.S.C. § 216(b).     72.  Upon information and belief, Plaintiff and the FLSA Collective are and have been  similarly situated, have and have had substantially similar job requirements and pay provisions,  and are and have been subject to Defendant’s decisions, policies, plans and programs, practices,  procedures, protocols, routines, and rules willfully failing and refusing to compensate them for  each hour worked including overtime compensation. The claims of Plaintiff stated herein are the  same as those of the FLSA Collective.   73.  Plaintiff and the FLSA Collective seek relief on a collective basis challenging,  among other FLSA violations, Defendant’s practice of failing to properly and lawfully  compensate employees for all hours worked, including overtime compensation.   74.  The FLSA Collective is readily ascertainable. For purpose of notice and other  purposes related to this action, the names, phone numbers, and addresses are readily available  from Defendant. Notice can be provided to the FLSA Collective via first class mail to the last  address known by Defendant and through posting at Defendant’s facility in areas where postings  are normally made.   76.  Plaintiff brings this action on behalf of himself and all other similarly situated  employees pursuant to the WWPCL, under Fed. R. Civ. P. 23.  The similarly situated employees  include:   Wisconsin Class:  All hourly-paid, non-exempt employees who  are or have been employed by Defendant within two (2) years  immediately prior to the filing of this Complaint (ECF No. 1) who  have not been compensated for all hours worked in a workweek,  including at an overtime rate of pay for those hours worked in  excess of forty (40) hours in a workweek, as a result of  impermissible and unlawful time shaving and rounding by  Defendant.   77.  The Wisconsin Class members are readily ascertainable. The number and identity  of the Wisconsin Class members are determinable from the records of Defendant. The job titles,  length of employment, and the rates of pay for each Wisconsin Class member are also  determinable from Defendant’s records. For purposes of notice and other purposes related to this  action, their names and addresses are readily available from Defendant. Notice can be provided  by means permissible under Fed. R. Civ. P. 23.   78.  The proposed Wisconsin Class is so numerous that joinder of all members is  impracticable, and more importantly the disposition of their claims as a class will benefit the  parties and the Court. Although the precise number of such persons is unknown, upon  information and belief, there are over one-hundred (100) members of the Wisconsin Class.   80.  Plaintiff is able to fairly and adequately protect the interests of the Wisconsin  Class and has no interests antagonistic to the Wisconsin Class. Plaintiff is represented by counsel  who are experienced and competent in both collective/class action litigation and employment  litigation and have previously represented plaintiffs in wage and hour cases.   81.  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 class members lack the financial resources to vigorously prosecute a lawsuit against  corporate defendants. Class action treatment will permit a number of similarly-situated persons  to prosecute their common claims in a single forum simultaneously, efficiently, and without the  unnecessary duplication of efforts and expense that numerous individual actions engender.   Because the losses, injuries and damages suffered by each of the individual Wisconsin Class  members are small in the sense pertinent to a class action analysis, the expenses and burden of  individual litigation would make it extremely difficult or impossible for the individual Wisconsin  Class members to redress the wrongs done to them.     83.  Defendant has violated the WWPCL regarding payment of wages and overtime  premium wages. Current employees are often afraid to assert their rights out of fear of direct or  indirect retaliation. Former employees are fearful of bringing claims because doing so can harm  their employment, future employment, and future efforts to secure employment. Class actions  provide class members who are not named in the Complaint a degree of anonymity which allows  for the vindication of their rights while eliminating or reducing these risks.   85.  The questions set forth above predominate over any questions affecting only  individual persons, and a class action is superior with respect to considerations of consistency,  economy, efficiency, fairness and equity, to other available methods for the fair and efficient  adjudication of the state law claims.  86.  Plaintiff, on behalf of himself and the FLSA Collective, reasserts and incorporates  by reference all paragraphs set forth above as if restated herein.     87.  At all times material herein, Plaintiff and the FLSA Collective have been entitled  to the rights, protections, and benefits provided under the FLSA, 29 U.S.C. § 201 et seq.   88.  At all times material herein, Defendant was an employer of Plaintiff and the  FLSA Collective as provided under the FLSA.   89.  At all times material herein, Plaintiff and the FLSA Collective were employees of  Defendant as provided under the FLSA.   90.  Plaintiff and the FLSA Collective are victims of uniform compensation policy and  practice in violation of the FLSA.   91.  Defendant violated the FLSA by failing to account for and compensate Plaintiff  and the FLSA Collective for overtime premium pay for each hour they worked in excess of forty  (40) hours each workweek.   93.  The FLSA regulates, among other things, the payment of an overtime premium by  employers whose employees are engaged in commerce, or engaged in the production of goods  for commerce, or employed in an enterprise engaged in commerce or in the production of goods  for commerce. 29 U.S.C. § 207(a)(1).   94.  Defendant was and is subject to the overtime pay requirements of the FLSA  because Defendant is an enterprise engaged in commerce and/or its employees are engaged in  commerce, as defined in FLSA, 29 U.S.C. §203(b).   95.  Defendant’s failure to properly compensate Plaintiff and the FLSA Collective and  failure to properly record all compensable work time was willfully perpetrated. Defendant has  not acted in good faith nor with reasonable grounds to believe its actions and omissions were not  a violation of the FLSA, and as a result thereof, Plaintiff and the FLSA Collective are entitled to  recover an award of liquidated damages in an amount equal to the amount of unpaid overtime  premium pay described above pursuant to Section 216(b) of the FLSA, 29 U.S.C. § 216(b).  Alternatively, should the Court find that Defendant did not act willfully in failing to pay  overtime premium pay wages, Plaintiff and the FLSA Collective are entitled to an award of pre- judgment interest at the applicable legal rate.   97.  Plaintiff and the FLSA Collective are entitled to damages equal to the mandated  overtime premium pay within the three (3) years preceding the date of filing of this Complaint,  plus periods of equitable tolling because Defendant acted willfully and knew or showed reckless  disregard of whether its conduct was prohibited by the FLSA.   98.  Pursuant to FLSA, 29 U.S.C. § 216(b), successful Plaintiffs are entitled to  reimbursement of the costs and attorneys’ fees expended in successfully prosecuting an action  for unpaid wages and overtime wages.    Violation of the Fair Labor Standards Act of 1938, as Amended  (Plaintiff on behalf of himself and the FLSA Collective)   Violation of WWPCL – Unpaid Overtime  (Plaintiff, on behalf of himself and the Wisconsin Class)  