12.  Plaintiff brings claims for relief as a collective action pursuant to FLSA Section  16(b), 29 U.S.C. § 216(b), on behalf of all current and former non-exempt employees (including  cashiers, cooks, delivery persons, food preparers, floor persons, among others) employed by  Defendants at the Eateries on or after the date that is six years before the filing of the Complaint  in this case as defined herein (“FLSA Collective Plaintiffs”).    13.  At all relevant times, Plaintiff and other FLSA Collective Plaintiffs are and have  been similarly situated, have had substantially similar job requirements and pay provisions, and  are and have been subjected to Defendants' decisions, policies, plans, programs, practices,  procedures, protocols, routines, and rules, all culminating in a willful failure and refusal (i) to  pay them their proper wages due to time shaving and (ii) to pay them their proper overtime  wages. The claims of Plaintiff stated herein are essentially the same as those of other FLSA  Collective Plaintiffs.   14.  The claims for relief are properly brought under and maintained as an opt-in  collective action pursuant to § 16(b) of the FLSA, 29 U.S.C. § 216(b). The FLSA Collective  Plaintiffs are readily ascertainable. For purposes of notice and other purposes related to this  action, their names and addresses are readily available from the Defendants. Notice can be  provided to FLSA Collective Plaintiffs via first class mail to the last address known to  Defendants.  16.  All said persons, including Plaintiff, are referred to herein as the “Class.” The  Class members are readily ascertainable. The number and identity of the Class members are  determinable from the records of Defendants. The hours assigned and worked, the position held,  and rates of pay for each Class member may also be determinable from Defendants’ records. For  purposes of notice and other purposes related to this action, their names and addresses are readily  available from Defendants. Notice can be provided by means permissible under FRCP 23.   17.  The proposed Class is so numerous that a joinder of all members is impracticable,  and the disposition of their claims as a class will benefit the parties and the Court. Although the  precise number of such persons is unknown, the facts on which the calculation of that number  are presently within the sole control of Defendants, there is no doubt that there are more than  forty (40) members of the Class.    19.  Plaintiff is able to fairly and adequately protect the interests of the Class and has  no interests antagonistic to the Class. Plaintiff is represented by attorneys who are experienced  and competent in both class action litigation and employment litigation and have previously  represented plaintiffs in wage and hour cases.   21.  Defendants and other employers throughout the state violate the NYLL. 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.   23.  In or around February 2019, Plaintiff FELIX SALMERON was hired by  Defendants to work as a floor-man at Defendants’ Etc. Eatery, located at 20 E 46th Street, New  York, NY 10016. Plaintiff was employed by Defendants until in or around August 2019.   24.  At all relevant times, Plaintiff FELIX SALMERON was regularly scheduled to  work Mondays to Tuesdays from 5:30am to 2:30pm and Wednesdays to Fridays from 5:30am to  3:00pm, for a total of forty-six and a half (46.5) hours per week.   26.  At all relevant times, Defendants automatically deducted one (1) hour per day  from Plaintiff FELIX SALMERON for a meal break. However, at least twice per week, Plaintiff  FELIX SALMERON was required to work through his one-hour meal break even though  Defendants automatically deducted the one (1) hour. Because he was regularly interrupted and  forced to work through his meal break, Defendants failed to compensate Plaintiff for all hours  worked due to time shaving. During weeks in which his work hours exceeded forty (40) per  week, such time shaved hours were overtime hours. FLSA Collective Plaintiffs and Class  members worked and continue to work similar hours and are similarly deducted an automatic  one hour meal break per work day even though they were not permitted a free and clear meal  break. At all relevant times, Defendants failed to compensate Plaintiff, FLSA Collective  Plaintiffs, and Class members their full wages for all hours worked.   27.  At all relevant times, Plaintiff FELIX SALMERON regularly worked hours in  excess of forty (40) hours per week. However, Defendants only paid overtime premium for one  (1) to two (2) hours of overtime hours worked, rather than properly paying overtime premium for  all overtime hours worked. Defendants paid the remaining overtime hours on a straight-time  basis in cash. Similarly, FLSA Collective Plaintiffs and Class members also worked similar  hours that regularly exceeded forty (40) hours per week and were also only paid for one (1) to  two (2) hours of overtime, with the remainder in straight-time cash.    29.  Defendants failed to provide Plaintiff and the Class members with proper wage  notices at hiring and annually thereafter. Plaintiff did not receive proper wage notices either upon  being hired or annually since the date of hiring in violation of the NYLL.   30.  Plaintiff and Class members received wage statements that were not in  compliance with the NYLL. Plaintiff and Class members received fraudulent wage statements  that failed to accurately reflect the number of hours worked and their proper compensation.  Plaintiff and Class members were paid in part by check and in part by cash.   31.  At all relevant times, Plaintiff, FLSA Collective Plaintiffs, and Class Members  were required to work in excess of forty (40) hours each workweek.   32.  Defendants knowingly and willfully operated their business with a policy of  failing to pay Plaintiff, FLSA Collective Plaintiffs and Class members for all hours worked due  to a policy of time shaving.   33.  Defendants unlawfully failed to compensate Plaintiff, FLSA Collective Plaintiffs,  and Class members their proper overtime at one and a half (1.5) the regular rate for all hours  worked, resulting in unpaid overtime premium.    34.  Defendants knowingly and willfully operated their business with a policy of  claiming an invalid meal credit in violation of the NYLL.    36.  Defendants knowingly and willfully operated their business with a policy of not  providing employees a proper wage notice to Plaintiff and Class members at the beginning of  employment and annually thereafter, in violation of the NYLL.   37.  Plaintiff retained Lee Litigation Group, PLLC to represent Plaintiff, FLSA  Collective Plaintiffs and Class members, in this litigation and have agreed to pay the firm a  reasonable fee for its services.  38.  Plaintiff realleges and reavers Paragraphs 1 through 37 of this class and collective  action Complaint as if fully set forth herein.   39.  At all relevant times, Defendants were and continue to be employers engaged in  interstate commerce and/or the production of goods for commerce within the meaning of the  FLSA, 29 U.S.C. §§ 206(a) and 207(a).  Further, Plaintiff and FLSA Collective Plaintiffs are  covered individuals within the meaning of the FLSA, 29 U.S.C. §§ 206(a) and 207(a).   40.  At all relevant times, Defendants employed Plaintiff and FLSA Collective  Plaintiffs within the meaning of the FLSA.   41.  At all relevant times, each Corporate Defendant had gross annual revenues in  excess of $500,000.   43.  At all relevant times, Defendants failed to properly compensate Plaintiff and  FLSA Collective Plaintiffs for all hours worked over forty (40) hours per week at the proper  overtime wage rate.   44.  Records, if any, concerning the number of hours worked by Plaintiff and FLSA  Collective Plaintiffs and the actual compensation paid to Plaintiffs and FLSA Collective Plaintiffs  should be in the possession and custody of the Defendants. Plaintiff intends to obtain these  records by appropriate discovery proceedings to be taken promptly in this case and, if necessary,  will then seek leave of Court to amend this Complaint to set forth the precise amount due.   45.  Defendants failed to properly disclose or apprise Plaintiff and FLSA Collective  Plaintiffs of their rights under the FLSA.   46.  As a direct and proximate result of Defendants’ willful disregard of the FLSA,  Plaintiff and FLSA Collective Plaintiffs are entitled to liquidated (i.e., double) damages pursuant  to the FLSA.   47.  Due to the intentional, willful and unlawful acts of Defendants, Plaintiff and  FLSA Collective Plaintiffs suffered damages in an amount not presently ascertainable of unpaid  wages and unpaid overtime, plus an equal amount as liquidated damages.   48.  Plaintiff and FLSA Collective Plaintiffs are entitled to an award of their  reasonable attorneys’ fees and costs pursuant to 29 U.S.C. § 216(b).  50.  At all relevant times, Plaintiff and Class members were employed by the  Defendants within the meaning of the NYLL, §§ 2 and 651.     51.  Defendants willfully violated Plaintiff’s and Class members’ rights by failing to  pay them the proper wages in the lawful amount for all hours worked, including overtime hours  in excess of forty (40), due to Defendants’ policy of time-shaving.    52.  Defendants willfully violated Plaintiff’s and Class members’ rights by failing to  pay them the proper overtime wage rates for all hour worked over forty (40) hours per week.   53.  Defendants willfully violated Plaintiff’s and Class members’ rights by improperly  claiming a meal credit. Defendants failed to provide Plaintiff and Class members with the  requisite meal options, in violation of the NYLL. Defendants also claimed meal credit for meals  that Plaintiff and Class members were unable to eat due to interrupted meal breaks.   54.  Defendants knowingly and willfully operated their business with a policy of not  providing all non-exempt employees with proper wage notices, at date of hiring and annually  thereafter, as required under the NYLL.    55.  Due to the Defendants’ NYLL violations, Plaintiff and Class members are entitled  to recover from Defendants their compensation for unpaid wages due to time-shaving, unpaid  overtime premiums, invalid meal credit deductions, reasonable attorneys’ fees, liquidated  damages, statutory penalties and costs and disbursements of the action, pursuant to NYLL.  VIOLATION OF THE NEW YORK LABOR LAW    VIOLATION OF THE FAIR LABOR STANDARDS ACT   