11.  Robert Brogden management communicated to Plaintiff Foster that they  perceived a problem of employees logging into the system but not logging out over the course of  the day during periods of non-work, such as lunch breaks.     12.  Shortly after the new time system was implemented on or about March 1, 2016,  Plaintiff Foster was instructed to enact a protocol within the software program that automatically  deducted 30 minutes of time from every hourly employee’s daily pay record to account for a  lunch break.   13.  Upon information and belief, this automatic pay deduction practice preceded the  March 1, 2016 installation of the time recording software program.      14.  By enacting the automatic 30 minute deduction protocol, Robert Brogden enacted  a policy of arbitrarily deducting pay from employees without any connection to actual hours  worked.     15.  Under the new automatic 30 minute deduction protocol, an employee who worked  through lunch or otherwise did not take a lunch break on a given day was still subject to an  arbitrary 30 minute deduction and was not paid.     16.  Under the new automatic 30 minute deduction protocol, time entries actually  entered by employees for their true lunch breaks were automatically overridden in favor of the  automatic and arbitrary 30 minute deduction.     18.  Robert Brogden had previously installed a system of “writing up” hourly  employees for not punching out during periods of non-work but, given the time required to  manage and oversee such employees, management elected to install the arbitrary and automatic  30 minute deduction protocol instead.      19.  As a result of Robert Brogden’s installation of the automatic pay deduction  protocol, Robert Brogden employees were not and continue to not be paid fully and fairly for  hours worked.     20.  In or about April of 2016, Plaintiff Foster received training for her Robert  Brogden job capacities in the payroll and human resources departments when she first learned  that Robert Brogden’s practice of enacting automatic pay deductions from hourly employees  may be a violation of the Fair Labor Standards Act.     21.   Plaintiff Foster informed management at Robert Brogden that their practice of  automatically deducting pay from hourly employees may not be lawful.     22.  On or about May 30, 2016, Plaintiff Foster contacted and was informed by the  Kansas Department of Labor, Wage and Hour Division, that the practice of automatically  deducting pay from hourly employees was, in fact, not lawful.       23.  On June 5, 2016, Plaintiff Foster sent an email to Robert Brogden management,  including the General Manager and Owner, informing them of her findings regarding the  unlawful practice of automatically deducting time from hourly employees.     24.  The recipients of Plaintiff Foster’s email did not respond to her.   26.  Plaintiffs reassert and re-allege the allegations set forth in paragraphs 1 through  25 above.   27.  Plaintiffs bring the FLSA claims, as an “opt-in” collective action pursuant to 29  U.S.C. § 216(b). Plaintiffs, individually and on behalf of other similarly situated employees, seek  relief on a collective basis challenging, Robert Brogden’s practice of failing to accurately record  all hours worked, arbitrarily deducting hours allegedly not worked and, as a result, failing to pay  hourly employees for the full and fair amount of hours worked.      28.  The class of employees on behalf of whom Plaintiffs bring this “opt-in” collective  action are similarly situated because they have been or are employed in the same or similar  position as individually-named Plaintiffs and were subject to the same or similar unlawful  practices as the individually-named Plaintiffs.  The number and identity of other Plaintiffs yet to  opt-in and consent to be party Plaintiffs may be determined from the records of Robert Brogden,  and potential Plaintiffs may easily and quickly be notified of the pendency of this action.  29.  Plaintiffs reassert and re-allege the allegations set forth in paragraphs 1 through  28 above.   30.  At all times material herein, Plaintiffs have been entitled to the rights, protections  and benefits provided under the FLSA, 29 U.S.C. § 201 et. seq.   32.  Robert Brogden was, and is, subject to the overtime pay requirements of the  FLSA because it is an enterprise engaged in commerce and its employees are engaged in  commerce.   33.  Robert Brogden willfully violated the FLSA by failing to fully and accurately  account for hours and overtime hours worked by its employees.   34.  In the course of perpetrating these unlawful practices, Robert Brogden has also  willfully failed to keep accurate records of all hours worked by its hourly employees.   35.  Robert Brogden willfully violated the FLSA by implementing an automatic 30- minute daily deduction for lunch breaks without completely relieving from duty each hourly  employee subject to the automatic deduction.  Hourly employees subject to the automatic 30- minute deduction were expected to and/or required to perform work duties, whether active or  inactive, while eating.    36.  Section 13 of the FLSA, 29 U.S.C. § 213, exempts certain categories of  employees from the overtime pay obligations set forth under Section 7(a)(1) of the FLSA. None  of the FLSA exemptions apply to Plaintiffs. Accordingly, Plaintiffs must be paid overtime pay in  accordance with Section 7 of the FLSA.   37.  The individually-named plaintiffs and all similarly situated employees are victims  of a uniform and company-wide compensation policy. This uniform policy, in violation of the  FLSA, has been applied to all hourly employees.   39.  Robert Brogden has not acted in good faith nor with reasonable grounds to  believe its actions and omissions were not a violation of the FLSA, and as a result thereof,  Plaintiffs and other similarly situated employees are entitled to recover an award of liquidated  damages in an amount equal to the amount of unpaid overtime pay described above, pursuant to  Section 16(b) of the FLSA.    40.  Alternatively, should the Court find Robert Brogden did not act willfully in  failing to pay overtime pay, Plaintiffs and all similarly situated employees are entitled to an  award of prejudgment interest at the applicable legal rate.   41.  As a result of the aforesaid willful violations of the FLSA’s overtime provisions,  overtime compensation has been unlawfully withheld by Robert Brogden from Plaintiffs for  which Robert Brogden is liable pursuant to 29 U.S.C. § 216(b), together with an additional equal  amount as liquidated damages, pre-judgment and post-judgment interest, reasonable attorneys’  fees and costs of this action.  WHEREFORE, individually-named Plaintiffs, and all similarly situated employees,  demand judgment against Defendant Robert Brogden’s Olathe Buick GMC, Inc. and pray for:  (1) compensatory damages; (2) liquidated damages; (3) attorneys’ fees and costs as allowed by  Section 16(b) of the FLSA; (4) pre-judgment and post-judgment interest as provided by law; and  (5) such other relief the Court deems fair and equitable.   42.  Plaintiffs reassert and re-allege the allegations set forth in paragraphs 1 through  41 above.   44.  Plaintiffs have been damaged in an amount to be determined at trial.    WHEREFORE, individually-named Plaintiffs, and all similarly situated employees, demand  judgment against Defendant Robert Brogden’s Olathe Buick GMC, Inc. and pray for: (1)  compensatory damages; (2) liquidated damages; (3) attorneys’ fees and costs as allowed by  Section 16(b) of the FLSA; (4) pre-judgment and post-judgment interest as provided by law; and  (5) such other relief the Court deems fair and equitable.  45.  Plaintiffs reassert and re-allege the allegations set forth in paragraphs 1 through  44 above.   46.  Plaintiff Ashley Foster engaged in protected activity under the Fair Labor  Standards Act by contacting the Kansas Department of Labor, Wage and Hour Division, in  connection with her concern that Defendant Robert Brogden’s automatic time deduction practice  violated FLSA and the Kansas Wage Payment Act.   47.  Plaintiff Ashley Foster engaged in protected activity under the Fair Labor  Standards Act by informing her employer Robert Brogden that she had contacted the Kansas  Department of Labor, Wage and Hour Division, and that she was informed that Robert  Brogden’s automatic time deduction practice was unlawful.     48.  Subsequent to informing Robert Brogden of her communication with the Kansas  Department of Labor, Wage and Hour Division, and of her belief that Robert Brogden’s  automatic time deduction practice was unlawful, Plaintiff Ashley Foster was subjected to adverse  employment action.    49.  Plaintiff Ashley Foster’s employment was terminated by Robert Brogden and  such termination would not have occurred, but for her engaging in protected activity under the  5.  Robert Brogden has been in operation as a car dealership at 1500 E. Santa Fe,  Olathe, Kansas 66061 since at least 1995, selling vehicles and automotive services to consumers  throughout the Kansas City metropolitan area.     6.  Plaintiffs, and all other similarly situated persons, are current and former  employees of Robert Brogden, employed in various hourly-wage employment capacities,  including mechanics, porters, and accounting and human resources personnel.      7.  Plaintiff Ashley Foster was employed by Robert Brogden to perform both  accounting and human resources functions.     8.  In or about January of 2016, Plaintiff Foster was tasked with implementing a new  system for tracking hours worked by all hourly workers employed by Robert Brogden.     9.  Under the old system, workers would track their hours by using punch cards in  conjunction with a punch card/time clock machine. Hourly employees’ worked hours would be  recorded by physically “punching in” and “punching out” during periods of work and non-work.     Retaliatory Discharge    Violation of the Fair Labor Standards Act of 1938  (Brought on Behalf of All Individual Plaintiffs and All Others Similarly Situated)   Violation of the Kansas Wage Payment Act  (Brought on Behalf of All Individual Plaintiffs and All Others Similarly Situated)  