 (Fair Labor Standards Act – Unpaid Overtime)   (New Jersey Wage and Hour Law – Unpaid Overtime)   48.  Plaintiff brings the First Claim against defendants as a collective action pursuant  to the FLSA, 29 U.S.C. § 216(b) on behalf of himself and other similarly situated individuals,  which include all other non-tipped, non-exempt restaurant employees, including Chefs, Cooks,  Salad Preparers, Food Preparers, Pizza Makers and Dishwashers employed by defendants at  Mangiamo at any time three years prior to the filing of this action through the entry of judgment  in this action (the “FLSA Collective”).    50.  The identities of the FLSA Collective members are known to the defendants and  are contained in the employment records that the defendants are required to create and maintain  pursuant to the FLSA and NJWHL.   51.  As part of their regular business practice, defendants have intentionally, willfully,  and repeatedly harmed the FLSA Collective by engaging in a pattern, practice, and/or policy of  violating the FLSA.     52.  This policy, pattern, or practice includes, inter alia, failing to pay overtime at the  rate of one and one-half times the FLSA Collective’s regular hourly rate for hours worked in  excess of 40 in a workweek.   53.  Defendants’ unlawful conduct has been intentional, willful, and in bad faith and  has caused significant damage to the FLSA Collective.          54.  Defendants did not keep complete records, as required by law, of hours worked  and wages earned by plaintiff and the FLSA Collective.   55.  The FLSA Collective would benefit from the issuance of a court-supervised  notice of the present lawsuit and the opportunity to join the present lawsuit.  Those similarly  situated employees are known to defendants and are readily identifiable and can be located  through defendants’ records, which they are required to maintain pursuant to the FLSA and  NJWHL. Those similarly situated employees should be notified of and allowed to opt into this  action pursuant to 29 U.S.C. § 216(b).  57.  Plaintiff is a member of a class of employees of similarly situated individuals  which includes current and former non-tipped, non-exempt restaurant employees, including  Chefs, Cooks, Salad Preparers, Food Preparers, Pizza Makers and Dishwashers employed by  defendants at Mangiamo at any time, during the period permitted by N.J.S.A. 34:11-56a25.1  prior to the filing of the action through entry of judgment in this action (the “New Jersey Class”).   58.  The persons in the New Jersey Class are so numerous that joinder of all members  is impracticable. Further, N.J.S.A. 34:11-56a25 statutorily provides for a class action, without  regard to the number of members, to enforce rights protected by the NJWHL. The exact number  of the New Jersey Class members is unknown to plaintiff at this time, but there are believed to be  at least 20 such persons.      59.  The identities of the New Jersey Class members are known to the defendants and  are contained in the employment records that the defendants are required to create and maintain  pursuant to the FLSA and NJWHL.   60.  Plaintiff is similarly situated to the New Jersey Class because plaintiff and the  New Jersey Class performed similar work under similar terms and conditions of employment,  and sustained similar damages arising out of defendants’ policies and conduct in violation of the  70.  At all relevant times, Hani operated and managed Mangiamo.   71.  At all relevant times, Sameh operated and managed Mangiamo.   72.  Throughout his employment, plaintiff’s primary duties were to prepare salads and  food. His duties included slicing tomatoes, cutting lettuce, preparing other toppings for salads,  and making salads.   73.  At all relevant times, defendants recorded plaintiff’s and other restaurant workers’  hours of work first by having the workers orally notifying the managers when they arrived at the  restaurant and when they were leaving the restaurant, which the managers recorded. Thereafter,  in or about 2018, a Point of Sale (POS) electronic system was installed at Mangiamo, which  recorded hours of work for each restaurant worker.   74.  At all relevant times, plaintiff and other restaurant workers typically worked at  least 74 hours per workweek.   76.  Plaintiff and other restaurant workers did not receive any uninterrupted meal or  rest breaks during the workday. Any food eaten was done so while working.   77.  Plaintiff and other restaurant workers were paid on a weekly basis in cash and/or  check.   78.  The pay period at Mangiamo went from Monday to Sunday. Non-tipped  restaurant workers were generally paid once a week on Tuesdays.    79.  All of the restaurant workers, except for the pizza makers, were paid on a flat  salary basis, regardless of the number of hours they worked in a week. Pizza makers were paid  on an hourly basis the same hourly rate, regardless of the number of hours they worked in a work  week.   80.  Defendants failed to pay plaintiff and other restaurant workers overtime pay at  one and one half (1 ½) times their hourly rate for hours worked in excess of 40 per workweek.     81.  Examples of such weekly pay periods in 2018 include pay periods ending on  March 5, May 21, June 18, August 27, and October 1, 2018.    82.  Examples of such weekly pay periods in 2017 include pay periods ending on  January 9, April 24, July 10, and October 16, 2017.   83.  Examples of such weekly pay periods in 2016 include pay periods ending on  January 11, April 25, July 11, and October 17, 2016.   84.  In each of the identified pay periods above, plaintiff worked at least 74 hours.     86.  Defendants have violated the recordkeeping requirements of the FLSA, 29 U.S.C.  §211(c), N.J.S.A. 34:11-56a20 and N.J.A.C. 12:56-4.1 and 4.2   87.  Defendants failed to post, in a conspicuous, unobstructed place, pursuant to  N.J.S.A. 34:11-56a21, the “New Jersey State Wage and Hour Law Abstract,” prescribed by the  NJDOL, setting forth the state minimum wage and overtime requirements in English and  Spanish.    88.  Defendants failed to post in a conspicuous, unobstructed place, pursuant to 29  C.F.R. §516.4, a poster prescribed by the U.S. Department of Labor, Wage and Hour Division,  setting forth federal minimum wage and overtime requirements in English and Spanish.   89.  Plaintiff and the FLSA Collective repeat and reallege all foregoing paragraphs as  if fully set forth herein.    90.  Defendants are required to pay plaintiff and the FLSA Collective one and one-half  (1½) times the regular rate of pay for all hours they worked in excess of 40 in a workweek  pursuant to the overtime wage provisions of the FLSA, 29 U.S.C. § 207, et seq.    91.  Defendants have failed to pay plaintiff and the FLSA Collective the overtime  wages to which they are entitled under the FLSA, even though plaintiff and the FLSA Collective  have regularly worked more than 40 hours per workweek.     92.  For example, plaintiff worked as a salad preparer at least 74 hours each and every  workweek from on or about January 1, 2015 to on or about December 31, 2018.     94.  Defendants were aware or should have been aware that the practices described in  this Claim were unlawful and have not made a good faith effort to comply with the FLSA with  respect to the compensation of plaintiff and the FLSA Collective.   95.  Defendants’ violations of the FLSA have been willful and, therefore, a three-year  statute of limitations applies pursuant to the FLSA, 29 U.S.C. § 255(a).   96.  As a result of defendants’ willful violations of the FLSA, plaintiff and the FLSA  Collective have suffered damages by being denied overtime pay in accordance with the FLSA  and are entitled to recovery of such amounts, liquidated damages, pre- and post-judgment  interest, attorneys’ fees and costs, and other compensation pursuant to 29 U.S.C. § 216(b).   97.  Plaintiff and the New Jersey Class repeat and reallege all foregoing paragraphs as  if fully set forth herein.    98.  Under the NJWHL, defendants are required to pay plaintiff and the New Jersey  Class one and one half (1 ½) times the regular rate of pay for all hours they worked in excess of  40 hours in a workweek.  