(Collective Action Claim for Violation of FLSA)   (Individual Claims for Violation of FLSA)   (Individual Claims for Violation of the AMWA)   26.  Plaintiffs repeat and re-allege all the preceding paragraphs of this Original  Complaint as if fully set forth in this section.   27.  During part of the three (3) years prior to the filing of this lawsuit, Plaintiffs  worked for Defendant as Hourly Grocery Store Employees.   28.  Plaintiffs and other Hourly Grocery Store Employees regularly worked in  excess of forty (40) hours per week throughout their tenure with Defendant.   30.  Plaintiff and other Hourly Grocery Store Employees were also paid non- discretionary cash awards and bonuses on a regular basis when certain objective and  measurable revenue criteria were met.   31.  In addition, Defendant paid Plaintiff and other Grocery Store Employees  one-and-one-half (1.5) times their base hourly rate for some hours they worked over  forty (40) in a workweek.   32.  However, Defendant did not include the bonuses and cash awards paid to  Plaintiffs and other Hourly Grocery Store Employees in their regular rates when  calculating their overtime pay.   33.  Section 778.208 of Title 29 of the Code of Federal Regulations requires  that non-discretionary bonuses, such as shift and hour-based premiums, "must be  totaled in with other earnings to determine the regular rate on which overtime pay must  be based."   34.  Defendant violated the FLSA and AMWA by not including the non- discretionary bonuses of Plaintiffs and other Hourly Grocery Store Employees in their  regular rate when calculating their overtime pay.   35.  Furthermore, Plaintiffs sometimes were required to work without clocking- in, and were not paid for these "off-the-clock" hours, which were beyond forty (40) in a  given workweek.   37.  Plaintiffs also sometimes stayed late after clocking out to complete tasks  at the request of management.   38.  As a result of this "off-the-clock" work, Plaintiffs were not paid a proper  overtime premium for all of the hours they worked over forty (40) in a given workweek.   39.  The pay practices that violate the FLSA and AMWA alleged herein were  the same at all of Defendant's locations because the policy was a centralized human  resources policy implemented uniformly from the corporate headquarters in Tuckerman.   40.  Defendant knew, or showed reckless disregard for whether, the way it paid  Plaintiff and other Hourly Grocery Store Employees violated the FLSA and AMWA.   41.  Defendant's Hourly Grocery Store Employees were classic manual  laborers, working to stock and maintain food products and assist customers in a grocery  store setting.  V.  42.  Plaintiffs repeat and re-allege all the preceding paragraphs of this Original  Complaint as if fully set forth in this section.   43.  Plaintiffs bring this claim for relief for violation of the FLSA as a collective  action pursuant to Section 16(b) of the FLSA, 29 U.S.C. § 216(b).   45.  The relevant time period dates back three years from the date on which  Plaintiffs' Original Complaint-Collective Action was filed and continues forward through  the date of judgment pursuant to 29 U.S.C. § 255(a).   46.  The members of the proposed FLSA Collective are similarly situated in  that they share these traits:  A.  They were classified by Defendant as non-exempt from the overtime  requirements of the FLSA;  B.  They were paid hourly rates;  C.  They recorded their time in the same manner;  D.  They were required to work "off the clock;" and  E.  They were subject to Defendant's common policy of improperly calculating  overtime pay for hours worked over forty (40) per work week.   47.  Plaintiffs are unable to state the exact number of the potential members of  the FLSA Collective but believe that the group exceeds 350 persons.   56.  Plaintiffs repeat and re-allege all the preceding paragraphs of this Original  Complaint as if fully set forth in this section.   57.  29 U.S.C. § 207 requires employers to pay employees one and one-half  (1.5) times the employee's regular rate for all hours that the employee works in excess  of forty (40) per week. 29 U.S.C.S. § 207.   58.  Defendant violated Section 778.208 of Title 29 of the Code of Federal  Regulations by not including non-discretionary bonuses paid to Plaintiffs in their regular  rate when calculating their overtime pay.   59.  Defendant further violated the FLSA by requiring Plaintiffs to work "off the  clock" and, thus, not paying them an overtime premium for all hours worked beyond  forty (40) in a given workweek.   60.  Defendant's conduct and practice, as described above, has been and is  willful, intentional, unreasonable, arbitrary and in bad faith.   61.  By reason of the unlawful acts alleged in this Complaint, Defendant is  liable to Plaintiffs for, and Plaintiffs seek, unpaid overtime wages, liquidated damages,  and costs, including reasonable attorney's fees as provided by the FLSA.   63.  Plaintiffs repeat and re-allege all the preceding paragraphs of this Original  Complaint as if fully set forth in this section.   64.  Plaintiffs bring this collective action on behalf of all Hourly Grocery Store  Employees employed by Defendant to recover monetary damages owed by Defendant  to Plaintiffs and members of the putative collective for all the overtime compensation for  all the hours worked in excess of forty (40) each week.   65.  Plaintiffs bring this action on behalf of themselves individually and all other  similarly situated employees, former and present, who were and/or are affected by  Defendant's willful and intentional violation of the FLSA.   66.  29 U.S.C. § 207 requires employers to pay employees one and one-half  (1.5) times the employee's regular rate for all hours that the employee works in excess  of forty (40) per week. 29 U.S.C.S. § 207.   67.  Defendant violated Section 778.208 of Title 29 of the Code of Federal  Regulations by not including non-discretionary bonuses paid to Plaintiffs and those  similarly situated in their regular rate when calculating their overtime pay.   68.  In the past three years, Defendant has employed hundreds of Hourly  Grocery Store Employees.   69.  Like Plaintiffs, these Hourly Grocery Store Employees regularly worked  more than forty (40) hours in a week.   70.  Defendant failed to pay these workers at the proper overtime rate.   72.  Defendant's conduct and practice, as described above, has been and is  willful, intentional, unreasonable, arbitrary and in bad faith.   73.  By reason of the unlawful acts alleged in this Complaint, Defendant is  liable to Plaintiffs and all those similarly situated for, and Plaintiffs and all those similarly  situated seek, unpaid overtime wages, liquidated damages, and costs, including  reasonable attorney's fees as provided by the FLSA.   74.  Alternatively, should the Court find that Defendant acted in good faith in  failing to pay Plaintiffs and all those similarly situated as provided by the FLSA, Plaintiffs  and all those similarly situated are entitled to an award of prejudgment interest at the  applicable legal rate.  75.  Plaintiffs repeat and re-allege all previous paragraphs of this Complaint as  though fully incorporated in this section.   76.  Plaintiffs assert this claim for damages and declaratory relief pursuant to  the AMWA, Arkansas Code Annotated§§ 11-4-201, et seq.   77.  At all relevant times, Defendant was Plaintiffs' "employer" within the  meaning of the AMWA, Ark. Code Ann.§ 11-4-203(4).   79.  Defendant failed to pay Plaintiffs all overtime wages owed, as required  under the AMWA.   80.  Defendant's failure to include non-discretionary bonuses in Plaintiffs'  overtime pay resulted in a failure to pay Plaintiffs full and complete overtime during  weeks in which Plaintiffs worked more than forty (40) hours.   81.  Defendant's conduct and practices, as described above, were willful,  intentional, unreasonable, arbitrary and in bad faith.   82.  By reason of the unlawful acts alleged in this Complaint, Defendant is  liable to Plaintiffs for monetary damages, liquidated damages, costs, and a reasonable  attorney's fee provided by the AMWA for all violations which occurred beginning at least  three (3) years preceding the filing of Plaintiffs' initial complaint, plus periods of  equitable tolling.   83.  Alternatively, should the Court find that Defendant acted in good faith in  failing to pay Plaintiffs as provided by the AMWA, Plaintiffs are entitled to an award of  prejudgment interest at the applicable legal rate.  IX. 