(Failure to pay overtime)   (Federal)   (on Behalf of the FLSA Class & New York Class)  8   (Failure to provide wage notices)   (NY STATE)   (On behalf of the FLSA Class & New York Class)   (Failure to pay wages)  NY Lab. Law §191  (On behalf of the FLSA Class & New York Class)  9   (Failure to pay overtime)   (NY STATE)   (On behalf of the FLSA Class & New York Class)   15. Corporate Defendant is an “employer” under the FLSA.   16. Corporate Defendant is an “employer” under the NYLL.   17. Corporate Defendant is a is a New York State Licensed Home Health Care Services Agency  (LHHCSA) providing personal care and skilled services throughout the five boroughs of  NYC including the following Counties: Nassau, Suffolk, Westchester, Putnam, & Rockland.  1   18. Corporate Defendant continues to employ employees who are similarly situated to Plaintiff.    19. Upon information and belief, Corporate Defendant is owned, in whole or in part, by Karl.   1 http://avalanchecare.com  3   20. Upon information and belief, Corporate Defendant is owned, in whole or in part, by Guy.   21. During any period of time whatsoever between the 2011 calendar year through the 2017  calendar year, Corporate Defendant had the ability to perform one or more of the following  actions: (1) hire certain employees of Corporate Defendant, (2) terminate the employment of  certain employees of Corporate Defendant, (3) set the wage rates of certain employees of  Corporate Defendant, (4) maintain payroll records for certain employees of Corporate  Defendant, or (5) institute work rules for certain employees of Corporate Defendant.   22. During any period of time whatsoever between the 2011 calendar year through the 2017  calendar year, Defendant Karl had the ability to perform one or more of the following  actions: (1) hire certain employees of Corporate Defendant, (2) terminate the employment of  certain employees of Corporate Defendant, (3) set the wage rates of certain employees of  Corporate Defendant, (4) maintain payroll records for certain employees of Corporate  Defendant, or (5) institute work rules for certain employees of Corporate Defendant.    23. During any period of time whatsoever between the 2011 calendar year through the 2017  calendar year, Defendant Guy had the ability to perform one or more of the following  actions: (1) hire certain employees of Corporate Defendant, (2) terminate the employment of  certain employees of Corporate Defendant, (3) set the wage rates of certain employees of  Corporate Defendant, (4) maintain payroll records for certain employees of Corporate  Defendant, or (5) institute work rules for certain employees of Corporate Defendant.   24. During any period of time whatsoever between the 2011 calendar year through the 2017  calendar year, Defendant Jorge had the ability to perform one or more of the following  actions: (1) hire certain employees of Corporate Defendant, (2) terminate the employment of  certain employees of Corporate Defendant, (3) set the wage rates of certain employees of  Corporate Defendant, (4) maintain payroll records for certain employees of Corporate  Defendant, or (5) institute work rules for certain employees of Corporate Defendant.   25. Corporate Defendant is involved in an industry affecting commerce within the meaning of  the FLSA.   26. Corporate Defendant’s annual revenues exceed $500,000 for the year 2017.   27. Corporate Defendant’s annual revenues exceed $500,000 for the year 2016.    28. Corporate Defendant’s annual revenues exceed $500,000 for the year 2015.   29. Corporate Defendant employs at least two employees who regularly engage in interstate  commerce.    30. On information and belief, Corporate Defendant employs an individual that regularly and  customarily uses the interstate telecommunications network to process credit card  transactions with firms outside the state of New York.   31. On information and belief, Corporate Defendant purchases goods from locations  manufactured outside the State of New York and utilizes such products within the State of  New York.    32. The business activities of the Corporate Defendant are related and performed through  unified operation or common control for a common business purpose and constitutes an  4  enterprise within the meaning of the FLSA.   33. The Corporate Defendant engages in a combination of different activities in the course of its  business operation, including but not limited to: (1) Data entry, (2) advertising, (3)  bookkeeping, (4) managing employees, (5) marketing and selling, and (6) providing home  health care services to customers. (the “Related Activities”).   34. The Corporate Defendant has an organizational structure whereby there is an individual, or  group of individuals, who control the Related Activities.   35. Corporate Defendant failed to keep accurate and sufficient payroll and time records, as  required by law.    36. Corporate Defendant did not use a punch card time keeping system between September 1,  2011 and September 1, 2017 to record Plaintiff’s work hours.    37. Corporate Defendant did not use a handwritten time keeping system between September 1,  2011 and September 1, 2017 to record Plaintiff’s work hours.    38. Corporate Defendant did not maintain sufficient payroll and time records to determine the  weekly pay and hours worked by the Plaintiff and FLSA Class.  Class Definition   39. Plaintiff brings each Cause of Action of this lawsuit under the FLSA 29 U.S.C §216(b), as a  collective action on behalf of the following class of potential opt-in litigants:  All current and former home health care employees employed by Avalanche Care,  Inc.  (“Corporate Defendant”) who performed work in New York in any workweek in  the past three years (“FLSA Class”).   40. Plaintiff reserves the right to redefine the FLSA Class prior to class certification and  thereafter, as necessary.    41. Plaintiff brings each Cause of Action of this lawsuit under the Fed. R. Civ. P. 23, as a class  action on behalf of the following class litigants:  All current and former home health care employees employed by Avalanche Care,  Inc.  (“Corporate Defendant”) who performed work in New York in any workweek in  the past six years (the “New York Class”).   42. Plaintiff reserves the right to redefine the FLSA Class prior to class certification and  thereafter, as necessary.   82. Plaintiff repeats, re-alleges and reincorporates all allegations as though fully set forth herein.   83. The overtime wage provisions set forth in the FLSA, 29 U.S.C. §§ 201 et seq., and the  supporting federal regulations, apply to Defendants and protect the Plaintiff, FLSA Class  and New York Class.   84. Defendants failed to pay Plaintiff, FLSA Class and New York Class overtime wages to which  they are entitled under the FLSA and the supporting Federal Regulations.   85. Because of Defendants’ unlawful acts, Plaintiff, FLSA Class and New York Class have  been deprived of overtime compensation in amounts to be determined at trial, and are  entitled to recovery of such amounts, liquidated damages, prejudgment interest,  attorneys' fees, costs, and other compensation pursuant to the FLSA.   86. Defendants’ unlawful conduct, as described in this Complaint, has been willful and  intentional. Defendants were aware or should have been aware that the practices  described in this Complaint are unlawful. Defendants have not made a good faith  effort to comply with the FLSA with respect to the compensation of Plaintiff, the FLSA  Class and the New York Class.   87. Because Defendants’ violations of the FLSA have been willful, a three-year statute of  limitations applies, pursuant to 29 U.S.C. § 255.  88. Plaintiff repeats, re-alleges and reincorporates all allegations as though fully set forth herein.   89. The overtime wage provisions of Article 19 of the NYLL and its supporting regulations  apply to Defendants and protect the Plaintiff, FLSA Class and New York Class.   90. Defendants failed to pay Plaintiff, FLSA Class and New York Class overtime wages to which  they are entitled under the NYLL and the supporting New York State Department of Labor  Regulations.   91. By Defendants’ knowing or intentional failure to pay Plaintiff, FLSA Class and New York  Class overtime wages for hours worked over 40 hours per workweek, they have willfully  violated NYLL Art. 19, §§ 650 et seq., and the supporting New York State Department of  Labor Regulations.   92. Due to Defendants’ violations of the NYLL, Plaintiff, the FLSA Class and the New York  Class are entitled to recover unpaid overtime wages, liquidated damages, reasonable  attorneys' fees and costs of the action, and pre-judgment and post-judgment interest from  the Defendants.  93. Plaintiff repeats, re-alleges and reincorporates all allegations as though fully set forth herein.   94. Under NYLL §191, an employer is required to pay an employee within one week of the  services performed by the employee.    95. Defendants failed to pay Plaintiff, FLSA Class and New York Class their wages as required  by NYLL §191 by not paying wages within the statutory time-period.    96. On information and belief, Defendants engaged in an ongoing practice of failing to remit to  Plaintiff, the FLSA Class and the New York Class all tips that were earned.    97. Because of Defendants’ unlawful withholding of wages, Plaintiff, the FLSA Class and the  New York Class suffered harm.  98. Plaintiff repeats, re-alleges and reincorporates all allegations as though fully set forth herein.   99. Pursuant to the Wage Theft Prevention Act, New York Labor Law, §195, Defendants  willfully failed to furnish Plaintiff, FLSA Class and New York Class with a required notice  containing the following information:  i. the rates or rates of pay and basis thereof,  ii. whether paid by the hour, shift, day, week, salary, piece, commission or other  allowances, if any, claimed as part of the minimum wage, including tip, meal, or  lodging allowances;   iii. the regular pay designated by the employer in accordance with NYLL §191;  iv. the name of the employer;  v. Any “doing business as” names used by the employer;  vi. The physical address of the employer’s main office or principal place of business,  and a mailing address, if different;  vii. The telephone number of the employer  100.  Defendants willfully failed to furnish Plaintiff, FLSA Class and New York Class with an  accurate statement of wages as required by NYLL §195(3), containing the dates of work  covered by that payment of wages; name of the employee; name of the employer; address  and phone number of employer; rate or rates of pay and basis thereof; whether paid by hour,  shift, day, week, salary, piece, commission, or other; gross wages; hour rate or rates of pay,  and overtime rates of pay; the number of hours worked, including over time hours;  deductions, allowances, and net wages.   101.  Due to Defendants’ violation of NYLL §195(1), Plaintiff, FLSA Class and New York  10  Class are entitled to recover from Defendants liquidated damages of $50 per each workday  that the violation occurred, up to a maximum of $5,000, reasonable attorney fees, and costs  and disbursements of this action, pursuant to NYLL § 198(1-b).  102.  Defendants failed to provide Plaintiff, FLSA Class and New York Class with a with each  payment of wages that set forth Plaintiff, the FLSA Class and New York Class’ hours  worked, rates of pay, gross wages, credits claimed (for tips, meals and lodging) if any,  deductions and net wages.  103.  Due to Defendants’ violation of NYLL §195(3), Plaintiff, the FLSA Class and the New  York Class are entitled to recover from Defendants liquidated damages of $250 per each  workday that the violation occurred, up to a maximum of $5,000, reasonable attorney fees,  and costs and disbursements of this action, pursuant to NYLL § 198(1-d). 