1. The employer is required or empowered to do so by state or federal law.   2. The employer has prior written authorization from the employee. An  employer shall not withhold wages under a written authorization from the  employee past the date specified by the employee in a written revocation of  the authorization, unless the withholding is to resolve a debt or obligation to  the employer or a court orders otherwise.   27.  Counts I and II asserted below are properly maintainable as a collective  action under 29 U.S.C. § 216(b).   28.  Counts III through VIII asserted below are properly maintainable as a class  action under Federal Rule of Civil Procedure 23    3. There is a reasonable good faith dispute as to the amount of wages due,  including the amount of any counterclaim or any claim of debt,  reimbursement, recoupment or set-off asserted by the employer against the  employee.  175. By the acts and omissions set forth above, including by failing to pay all  wages due to Plaintiffs and Class Members, including minimum wages and overtime  wages and by improperly deducting portions of Plaintiffs’ and Class Members’ wages  without authorization, Defendants violated Arizona’s Wage Act.  176. As a result of Defendants’ violations of Ariz. Rev. Stat. § 23-351, Plaintiffs  and Class Members have been harmed, have suffered substantial losses and have been  deprived of compensation to which they were entitled are entitled to an award of the  unpaid wages, with prejudgment interest thereon, and treble the amount of such wages,  together with attorneys= fees and costs pursuant to A.R.S.  '23-355.   30.  Excluded from any class or collective action are Defendants’ legal  representatives, officers, directors, assigns, and successors, or any individual who at any  time during the class period has a controlling interest in any Defendants.    31.  The proposed Class Members are so numerous that joinder of all members  is impracticable. Upon information and belief there are several hundred members of the  proposed Class of each subclass.     33.  The claims of Plaintiffs are typical of the claims of the Class they seek to  represent.  Plaintiffs and Class Members work or have worked for Defendants and have  been subjected to common policies and practices of failing to pay all wages and overtime  owed,  making unlawful and excessive deductions from their wages.   34.   Defendants acted or refused to act on grounds generally applicable to the  Class Members as a whole by engaging in the same violations of law with respect to the  Classes, thereby making final injunctive relief and corresponding declaratory relief  appropriate with respect to the Classes as a whole.   35.  Plaintiffs will fairly and adequately represent and protect the interests of the  Class and each subclass.   36.  Plaintiffs have retained counsel competent and experienced in complex  class action employment litigation.   37.  The Class Members have been damaged and are entitled to recovery as a  result of Defendants’ common and uniform policies, practices, and procedures.     39.  Defendants control the majority, if not all, of the Drivers’ work for  IntelliQuick.   40.  Drivers do not and may not exercise independent judgment regarding their  work for IntelliQuick.   41.  Defendants IntelliQuick independently or jointly with the other Defendants  controls the Drivers’ work.   42.  Defendants control the method, manner and time that Plaintiffs deliver  packages.   43.  Defendants control virtually every aspect of Plaintiffs’ performance of  IntelliQuick’s work and the equipment that Plaintiffs use for that work.   44.  IntelliQuick instructs Drivers when to be at the office, when they can leave,  what deliveries and pickups to make, when to make the deliveries and pickups and how  to make the deliveries and pickups.   45.  By way of example, IntelliQuick has gone so far as to order a Driver not to  wait for police to arrive at the scene of an accident when the Driver observed the  accident.   46.   If Drivers fail to follow IntelliQuick’s directions, instructions, rules,  policies or procedures they are penalized and have money deducted from their weekly  compensation under what is called “chargebacks.”   47.   Drivers cannot delegate their work to assistants, associates or others  without first obtaining approval from IntelliQuick.   48.  Drivers cannot hire other assistants or associates to assist with their routes  or deliveries.   49.  All Drivers report to IntelliQuick Supervisors, including Defendants  Mittendorf, Leiber, and Tavison (“IntelliQuick Supervisors”).     51.  IntelliQuick Supervisors assign all routes, deliveries, and pick-ups to the  Drivers.  A.  Drivers’ Daily Work Assignments.   52.  Drivers are given a “manifest” each day from IntelliQuick which tells them  what deliveries or pick-ups to make and when to make each delivery or pick-up.   53.  The manifest is obtained from and printed from an IntelliQuick computer  and can only be obtained at IntelliQuick’s offices.    54.  Drivers cannot reject or negotiate the routes or deliveries that they have  been assigned.   55.  Drivers are required to keep IntelliQuick scanners with them at all times so  that they can, among other things, receive instructions and messages throughout their  workday from IntelliQuick. Drivers often receive messages sent directly to the  IntelliQuick scanners, which will modify their daily routes and schedules, and/or direct  them to make extra pick-ups or deliveries.  Drivers do not receive any extra payment for  these extra deliveries or pick-ups.     56.  Drivers cannot deviate from instructions given to them by IntelliQuick on  their manifests or as modified by messages throughout the day.  If the Drivers fail to  follow the directions from IntelliQuick they are given a “chargeback” or deduction from  their compensation.   57.  IntelliQuick Supervisors regularly tell Drivers that “we [IntelliQuick] have  you [the Driver] from 7:00 am until 5:00 pm” and “you [the Driver] work for us  [IntelliQuick].”   58.  Defendants instruct the Drivers to report to work no later than 7:00 am.   Drivers report to work at IntelliQuick’s offices and/or warehouses.  For example, Drivers  in the Phoenix, Arizona area are told to report to IntelliQuick’s headquarters at 4022 S.  20th Street, Phoenix, AZ 85040.   60.  Before leaving on their morning routes, deliveries, or pick-ups, Drivers  must first load their vehicles or vehicles owned or leased by Defendants that are used for  deliveries and pick-ups.    61.  Drivers are often instructed by Defendants to perform extra work in the  IntelliQuick warehouses or offices, before leaving on their routes including sorting,  logging packages, checking in drivers, loading vehicles and other administrative tasks.   Drivers regularly spend between 30 minutes and two hours performing this extra work.   Drivers are not paid for performing any of this extra work.   62.  Defendants instruct Drivers to report back from their morning routes,  deliveries, or pick-ups to IntelliQuick’s warehouses or offices by 1:00 pm.     63.  Drivers are then given any new or additional routes, pick-ups or deliveries.   Drivers are also often given additional work, including sorting, logging packages,  checking in drivers, loading vehicles and other administrative tasks, which they must  complete before leaving on their afternoon routes, deliveries, or pick-ups.  Drivers  regularly spend between 30 minutes and two hours performing this extra work.  Drivers  are not paid for performing any of this extra work.     64.  Defendants instruct Drivers to report back from their afternoon routes,  deliveries, or pick-ups to by 5:00 pm.   65.  Because of the extra work that Defendants assign to the Drivers in  IntelliQuick’s warehouses and offices, Drivers are forced to leave on their routes later  and accordingly are expected to complete their routes in less time or work later to  complete their routes.    B.  Defendants’ Treat Drivers Like Employees.   66.  Although Defendants tell the Drivers they are “Independent Contractors” or  “ICs,” Defendants treat Drivers like employees.   67.  Drivers make deliveries to and pick-ups from businesses or individuals that  are clients of IntelliQuick; not customers or clients of the Drivers.     69.  As previously noted, IntelliQuick Supervisors tell the Drivers when they  have to arrive at work and when they can leave work.  IntelliQuick Supervisors regularly  assign Drivers to do work in the IntelliQuick warehouse or office that is outside the  Drivers’ normal routes, deliveries, and pick-ups.     70.  Defendants are aware that Drivers regularly perform work in the  IntelliQuick warehouse without any extra compensation.   71.  Upon information and belief, Drivers currently are being assigned to do the  same work while classified as independent contractors that was formerly performed by  regular, non-exempt fulltime IntelliQuick employees without any additional wages.   72.  On IntelliQuick’s website, Defendants refer to the Drivers as “our drivers,”  “our legal couriers,” “IntelliQuick Medical Courier Specialists,” “our medical delivery  specialists,” “IntelliQuick’s financial couriers,” and “IntelliQuick delivery drivers.”   73.  IntelliQuick’s website asserts, “IntelliQuick has more than 250 uniformed  and credentialed local couriers for pick-up and local delivery.”   74.  IntelliQuick’s website states, “Our delivery drivers are sharp, seasoned  professionals who understand that they are making an impression on your customers and  business associates every time they make a delivery for you.”     75.  IntelliQuick’s website also states, “All IntelliQuick delivery drivers are  insured for cargo damage, reconstruction and criminal liability. Since most bonds don’t  cover independent delivery drivers, our clients are assured proper coverage in the event  of a loss.”     76.  IntelliQuick includes pictures of the Drivers, wearing IntelliQuick  uniforms, on their website.   77.  Drivers are required to wear IntelliQuick uniforms and meet specific  grooming requirements, established by IntelliQuick.  Drivers cannot wear their own  uniforms.   79.  Drivers are given IntelliQuick Identification Badges (IDs). Drivers are  required to wear the IDs somewhere that is in sight when they make deliveries or pick- ups.  The IDs include the Driver’s name, the IntelliQuick logo and company name, and  an IntelliQuick identification number.    80.  Job openings for Drivers are posted on the IntelliQuick website and are  advertised as positions with IntelliQuick.  Drivers apply for the positions at IntelliQuick’s  headquarters or other offices.     81.  Drivers are interviewed and hired by IntelliQuick supervisors, including but  not limited to Defendants Spizzirri, Mittendorf, Lieber, and Tavison.     82.  Drivers are terminated by IntelliQuick supervisors, including but not  limited to Defendants Spizzirri, Mittendorf, Lieber, and Tavison.    83.  Drivers are required to use equipment provided by IntelliQuick, including  scanners and computers.    84.  Drivers cannot purchase or use their own scanners.   C.  Payment of Wages.   85.  Drivers are paid each week.  The pay statements can be viewed through  IntelliQuick’s website or internal server.     86.  Defendants provide Drivers with IntelliQuick identification numbers that  Drivers can use to access their pay statements or “settlements” online through  IntelliQuick’s website or internal server.  These ID numbers are also used by Drivers to  log into IntelliQuick computers.   87.  Drivers are paid by Defendants either per route, delivery, or pick-up.  Route  and Freight Drivers are told that they will be paid a set amount per route (or per day).   On-Demand Drivers are told that they will be paid a set amount per delivery or pick-up.    88.  Drivers cannot negotiate with Defendants regarding the amount paid for a  particular delivery or pick-up.     90.  Defendants often refer to or explain the Drivers’ wages or compensation in  terms of their hourly rate.  For example, Defendants explain to Drivers that a route will  pay the Driver “$10 an hour,” and refer to routes as “$10 an hour routes,”  “$15 an hour  routes,” “8 hour route,” “10 hour route,” or “13 hour route.”   91.  Defendants often fail or refuse to pay the Drivers the amount they  originally quoted for a particular route, delivery or pick-up, after the Driver completes the  assignment.  For example, a Driver was quoted $140 to make a late night delivery from  Phoenix to Lake Havasu, Arizona, but only received $90 for the delivery.   92.  The Drivers’ paychecks are generally issued by a third-party service,  including TA.  However, there have been occasions when the checks were issued directly  from IntelliQuick and signed by Defendant Spizzirri.   93.  Although IntelliQuick clients or customers are regularly charged an extra  “fuel surcharge,” Defendants do not pay anything to the Route Drivers or On-Demand  Drivers for fuel in their own vehicles.     94.  Defendants have decreased the compensation paid to Drivers while  increasing the costs and fees to the IntelliQuick clients and customers for delivery and  pick-up services.    95.  Although Route Drivers and On-Demand Drivers are expected and required  to use their own vehicles for the benefit of Defendants, Route Drivers and On-Demand  Drivers do not receive any additional compensation for gas or maintenance of their  vehicles.  D.  Trainings and Meetings   96.  IntelliQuick regularly provides training for and trains the Drivers.   98.  Defendants require Drivers to complete HIPAA training at IntelliQuick’s  offices.  After the completion of the training, the Drivers receive certificates stating,  “IntelliQuick Delivery completed HCSI Compliance Training for Employees, In  Employee  DECLARATORY JUDGMENT  183. Plaintiffs reallege and incorporate by reference all allegations in all  paragraphs as if fully set forth herein.  184. The Membership Application and Agreement and Vehicle Lease Agreement  that some Drivers are requested to sign are unconscionable.  185. Plaintiffs and Class Members are entitled to declaratory judgment that  Defendants’ lease and Vehicle Rental Agreement are unconscionable.  I.  Defendants’ Control over Drivers’ Daily Activities   