20.  At all relevant times, UPS has owned, operated, and/or controlled an  international package delivery company.    21.  Upon information and belief, at all relevant times, the annual gross  volume of sales made or business done by UPS’s operations was in excess of $500,000.     22.  UPS maintains or has maintained facilities known as and located at, inter  alia, 43rd Street in Manhattan; Manhattan South at Spring Street in Manhattan; World  Trade Center in Manhattan; Manhattan North in the Bronx; Brush Avenue in the Bronx;  Pelham Bay in the Bronx; Foster Avenue, Brooklyn; Maspeth, Queens; Queens North in  Long Island City, Queens; Flushing, Queens; Laurelton, Queens; Elmsford, Westchester  County; Mt. Vernon, Westchester County; Yorktown, Westchester County; Farmingdale,  Nassau County; Melville, Suffolk County, all of which are located within the five  boroughs of New York City or in the greater New York City area, where envelopes,  parcels, packages, and freight are prepared and sorted for local delivery.   24.  Since in or about 2014, UPS has employed workers in the full-time  position of combination (“combo”) helper.   25.  The combo helper position consists of any combination of (i) part-time  preload, part-time hub or part-time local sort work and (ii) part-time driver’s helper.  This  means that a combo helper spends part of his or her shift preparing or sorting packages to  be delivered locally, and the other part of his or her shift delivering packages with a  driver.   26.  The plaintiffs are employed as combo helpers.   27.  Elizabeth Castro has worked as a combo helper since on or about  September 2, 2014.  Castro works out of the Maspeth facility located in Queens.  Castro  typically works a pre-load shift inside the facility in the early morning.  After her pre-load  shift is finished, she typically travels on a UPS truck with a driver to a delivery route.   She has been assigned to various delivery routes, but principally to a succession of routes  located in downtown Brooklyn, Williamsburg, Red Hook, and Dumbo, respectively, all in  Brooklyn.  Her travel time has varied considerably with these routes, but it is usually 50  minutes or more.  Castro typically finishes her work day at the site of the delivery route.   29.  Kaslyn Belgrave has worked as a combo helper since on or about  September 9, 2014.  Belgrave works out of the Foster Avenue facility located in  Brooklyn.  Belgrave typically begins her work day in the late morning, meeting the driver  at a delivery route located in the Ocean Hill area of Brooklyn.  After her delivery route  shift is finished, she typically travels to the Foster Avenue facility driving her personal  automobile or by public transportation.  Her travel time from the delivery route to the  facility averages about 25 minutes.  Belgrave typically finishes her work day inside the  facility.   30.  Francis Cooper has worked as a combo helper since on or about  September 4, 2014.  Cooper works out of the Foster Avenue facility located in Brooklyn.   Cooper typically begins his work day in the late morning, meeting the driver at a delivery  route located in Canarsie, Brooklyn, or occasionally in the East Flatbush or another area  of Brooklyn.  After his delivery route shift is finished, he typically travels to the Foster  Avenue facility driving his personal automobile.  His travel time from the delivery route  to the facility averages about 15 minutes.  Cooper typically finishes his work day inside  the facility.   32.  Scott DiBona worked as a combo helper from on or about September 21,  2015 through on or about March 18, 2016.  DiBona worked out of the Nassau County  facility.  DiBona typically worked a pre-load shift inside the facility in the early morning.   After his pre-load shift finished, he typically traveled, driving his personal automobile, to  meet a driver at a delivery route at a spot in the vicinity of 300 Crossways Park Drive in  Woodbury.  His travel time from the facility to the delivery route averaged about 30  minutes.  DiBona typically finished his work day at the site of the delivery route.     33.  David Gotay has worked as a combo helper since on or about August 11,  2014.  Gotay works out of the Queens North facility located in Long Island City, Queens.   Gotay typically begins his work day in the late morning, meeting the driver at a delivery  route located in Astoria.  After his delivery route shift is finished, he typically travels to  the Queens North facility, driving his personal automobile.  His travel time from the  delivery route to the facility averages about 35 minutes.  Gotay typically finishes his  work day inside the facility.   35.  At all times herein pertinent, and in the course of their duties as combo  helpers, the plaintiffs have regularly handled products that had been moved in commerce.   36.  Plaintiffs’ primary duties did not and do not include the exercise of  discretion and independent judgment with respect to any matters of significance.   37.  Plaintiffs are non-exempt employees within the meaning of the FLSA and  49.  Upon information and belief, defendant has, since 2013, employed over  120 different workers in the non-exempt position of combo helper.  These employees had  the same job duties as the named plaintiffs in this action.   50.  Upon information and belief, by failing to compensate the combo helpers  for their travel time, the defendant has failed to pay its combo helpers appropriate  overtime pay when they worked over 40 hours in a week, and, where the combo helpers  worked fewer than 40 hours in a week, has failed to appropriately compensate its combo  helpers for all hours worked.    52.  Other combo helpers employed by defendant should have the opportunity  to have their claims for violations of the FLSA and NYLL heard.  Certifying this action  as a collective action under FLSA will provide other combo helpers the opportunity to  receive notice of the action and allow them to opt in to such an action if they so choose.   53.  Pursuant to 29 U.S.C. §§ 216(b) and 256, consent forms executed by each  plaintiff are annexed hereto.  54.  Plaintiffs repeat and re-allege the allegations made hereinbefore.   55.  Pursuant to Rule 23 of the Federal Rules of Civil Procedure (“FRCP”), the  named plaintiffs bring this action individually and on behalf of the following class of  persons (“the Class”):  All persons who have been employed as full-time combo  helpers by defendant during the period January 1, 2014 to  the present.   56.  The individuals in the class identified above are so numerous that joinder  of all members of the class is impracticable.  Upon information and belief, for the past six  years, over 120 individuals have worked as full-time combo helpers for the defendant.   58.  The claims of the named plaintiffs are typical of the claims of the Class in  that all of the named plaintiffs have incurred damage due to the policies and practices set  forth in the factual allegations above.   59.  The named plaintiffs will fairly and adequately protect the interests of the  Class.  The interests of the named plaintiffs are aligned with those of the Class, and the  named plaintiffs have no conflicts of interest with the members of the Class.  In addition,  the named plaintiffs are represented by qualified and experienced counsel.   60.  By engaging in the policies and practices set forth in the factual  allegations above, defendant has acted or refused to act on grounds generally applicable  to the Class, thereby making it appropriate for the Court to award final injunctive,  declaratory, and monetary relief with respect to the Class as a whole.   62.  For these reasons, the Class should be certified under FRCP 23(b)(2) or, in  the alternative, under FRCP 23(b)(3).  63.  Plaintiffs repeat and re-allege the allegations made hereinbefore.   64.  At all relevant times, by failing to compensate the plaintiffs for their travel  time, the defendant has failed to pay plaintiffs at the statutorily required overtime rate of  time and one half for the travel time worked by plaintiffs when they worked 40 or more  hours in a week.   65.  Upon information and belief, at all relevant times, defendant did not pay  other full-time combo helpers the statutorily required overtime rate of time and one half  for travel time worked when they worked 40 or more hours in a week.   66.  Defendant, by the above acts, has violated 29 U.S.C. § 207.   67.  Upon information and belief, said violations are willful within the  meaning 29 U.S.C. § 255(a).   68.  Plaintiffs and similarly situated employees have incurred, are now  incurring, and will continue to incur monetary damages as a result of defendant’s acts  unless and until this Court grants the relief requested herein.   70.  Plaintiffs repeat and re-allege the allegations made hereinbefore.   71.  At all relevant times, defendant has not paid plaintiffs at the statutorily  required overtime rate of time and one half for travel time worked by plaintiffs when they  worked 40 or more hours in a week.    72.  Upon information and belief, at all relevant times, defendant did not pay  other combo helpers the statutorily required overtime rate of time and one half for travel  time worked by the combo helpers when they worked 40 or more hours in a week.   73.  Defendant, by the above acts, has violated NYLL § 652 and 12 NYCRR §  142-2.2.   74.  Upon information and belief, defendant has no good-faith basis to assert s  that its actions were in compliance with the law, within the meaning of NYLL §§ 198,  663.   75.  Plaintiffs and similarly situated employees have incurred, are now  incurring, and will continue to incur monetary damages as a result of defendant’s acts  unless and until this Court grants the relief requested herein.   76.  No previous application for relief has been made for the relief requested  herein.  77.  Plaintiffs repeat and re-allege the allegations made hereinbefore.   79.  Additionally, NYLL § 191 requires the payment of wages at an  employee’s agreed rate of pay for all hours worked within a specified time period.   80.  Defendant failed to pay the plaintiffs for the travel time worked, even  where the plaintiffs worked fewer than 40 hours in a week.   81.  Defendant was also required to pay other full-time combo helpers for their  travel time worked at their regular rates of pay, even where the combo helpers worked  fewer than 40 hours in a week, but defendant failed to do so.   82.  Defendant, by the above acts, has violated 12 NYCRR § 142-2.1(b) and  AS TO ALL PLAINTIFFS  (Failure to Pay Overtime Wage – FLSA)   AS TO ALL PLAINTIFFS  (Failure to Pay Overtime Wage – NYLL)   AS TO ALL PLAINTIFFS  (Failure to Pay for Each Hour Worked – NYLL)  