29. Plaintiff brings the First Cause of Action, an FLSA claim, on behalf of himself and all  similarly situated persons who work or have worked as Hourly Workers for Walgreens who elect to  opt-in to this action (the “FLSA Collective”).   30. Defendant is liable under the FLSA for, inter alia, failing to properly compensate  5 Plaintiff and the FLSA Collective for their overtime hours worked.   31. Consistent with Defendant’s policies and patterns or practices, Plaintiff and the FLSA  Collective were not paid the proper premium overtime compensation of 1.5 times their regular  rates of pay, including earned bonus pay, for all hours worked beyond 40 per workweek.   32. All of the work that Plaintiff and the FLSA Collective have performed has been  assigned by Defendant, and/or Defendant have been aware of all of the work that Plaintiff and the  FLSA Collective have performed.   33. As part of their regular business practice, Defendant has intentionally, willfully, and  repeatedly engaged in a pattern, practice, and/or policy of violating the FLSA with respect to Plaintiff  and the FLSA Collective. This policy and pattern or practice includes, but is not limited to, willfully  failing to pay their employees, including Plaintiff and the FLSA Collective, the correct overtime  wages for all hours worked in excess of 40 hours per workweek.   34.2 minutes of overtime and earned bonus pay and an hourly rate of $13.00 per hour, therefore  the overtime was paid of $19.50 per hour failed to account for the bonus pay he earned. See Exhibit  A, Samuel Paystub.      34.  Plaintiff brings the Second, Third, Fourth, and Fifth Causes of Action, NYLL  claims, under Rule 23 of the Federal Rules of Civil Procedure, on behalf of themselves and a class  of persons consisting of:   All persons who work or have worked as Hourly Workers for  Walgreen Co. in New York between September 21, 2014 and  the date of final judgment in this matter (the “New York  Class”).   35.  The members of the New York Class are so numerous that joinder of all members  is impracticable, and the disposition of their claims as a class will benefit the parties and the Court.    36.  There are more than fifty members of the New York Class.   37.  Plaintiff’s claims are typical of those claims that could be alleged by any member  of the New York Class, and the relief sought is typical of the relief which would be sought by each  6 member of the New York Class in separate actions.    38.  Plaintiff and the New York Class have all been injured in that they have been  uncompensated, under-compensated, or untimely compensated due to Defendant’s common  policies, practices, and patterns of conduct. Defendant’s corporate-wide policies and practices  affected everyone in the New York Class similarly, and Defendant benefited from the same type  of unfair and/or wrongful acts as to each member of the New York Class.    39.  Plaintiff is able to fairly and adequately protect the interests of the New York Class  and has no interests antagonistic to the New York Class.     40.  Plaintiff is represented by attorneys who are experienced and competent in both  class action litigation and employment litigation and have previously represented many plaintiff  and classes in wage and hour cases.   41.  A class action is superior to other available methods for the fair and efficient  adjudication of the controversy – particularly in the context of wage and hour litigation where  individual class members lack the financial resources to vigorously prosecute a lawsuit against  corporate defendants. Class action treatment will permit a large number of similar persons to  prosecute their common claims in a single forum simultaneously, efficiently, and without the  unnecessary duplication of efforts and expense that numerous individual actions engender.     42.  Common questions of law and fact exist as to the New York Class that predominate  over any questions only affecting Plaintiff and/or each member of the New York Class individually  and include, but are not limited to, the following:   (a) whether Defendant correctly compensated Plaintiff and the New  York Class for hours worked in excess of 40 per workweek;   (b) whether Defendant correctly compensated Plaintiff and the New  York Class on a timely basis;  7 (c) whether Defendant failed to furnish Plaintiff and the New York  Class with a proper time of hire wage notice, as required by the  NYLL; and  (d) whether Defendant failed to furnish Plaintiff and the New York  Class with accurate statements with every payment of wages, as  required by the NYLL.  43.  Consistent with their policies and patterns or practices as described herein,  Defendant harmed Plaintiff, individually, as follows:  Levaughn Samuel   44.  Samuel was employed by Walgreens at their store located at 120 Court Street,  Brooklyn, New York 11201 as an hourly employee from on or about March 25, 2018 through  approximately September 1, 2020.   45.  During his employment, Samuel frequently worked over 40 hours per week. In  weeks where Samuel worked over 40 hours per week and earned bonus pay, Defendant failed to  calculate the overtime rate including hourly bonus pay.    46.  For example, for the pay period of March 25, 2018 to April 7, 2018, Samuel worked   47.  Furthermore, during his employment, over twenty-five percent of Samuel’s duties  were physical tasks, including but not limited to: (1) stocking shelves; (2) rearranging items on  shelves; (3) sweeping floors; (4) installing alarm tags; (5) removing secured items from shelves;  (6) bagging and carrying customer’s items;  (7) wiping down the cashier station and break room;  and (7) continuously standing and walking throughout his entire shift.   8  48.  Despite regularly spending more than twenty-five percent of his shift performing  these physical tasks, Samuel has been compensated by Defendant on a bi-weekly basis.    49.  For example, for the week beginning on March 25, 2018 and ending March 31,  2018, Samuel was paid his lawfully earned wages on April 12, 20218. See Exhibit A.       50.  In this regard, Defendant failed to pay Samuel his wages earned from March 25,  2018 through March 31, 2018 by April 7, 2018, as required by NYLL § 191(1)(a).   51.  Defendant failed to provide Samuel with a proper time of hire wage notice as required  by the NYLL.   52.  Throughout Samuel’s employment, Defendant failed to provide Samuel with  accurate wage statements which showed the number of hours he worked each week.    53.  Furthermore, Defendant failed to provide Samuel with wage statements which  reflected his correct overtime rate. See Ex. A.    54.  In this regard, Defendant failed to provide Samuel with accurate wage statements  with each payment of wages as required by the NYLL.  55.  Plaintiff realleges and incorporates by reference all allegations in all preceding  paragraphs.   56.  The overtime wage provisions set forth in the FLSA, 29 U.S.C. §§ 201 et seq., and  the supporting federal regulations, apply to Defendant and protect Plaintiff and the members of  the FLSA Collective.    57.  Plaintiff and the FLSA Collective worked in excess of 40 hours during workweeks  in the relevant period.  9  58.  Defendant failed to pay Plaintiff and the FLSA Collective the premium overtime  wages to which they were entitled under the FLSA – at a rate of 1.5 times their regular rate of pay,  including commissions, for all hours worked in excess of 40 per workweek.   59.  As a result of Defendant’s willful violations of the FLSA, Plaintiff and the FLSA  Collective have suffered damages by being denied proper overtime compensation in amounts to be  determined at trial, and are entitled to recovery of such amounts, liquidated damages, attorneys’ fees  and costs, and other compensation pursuant to 29 U.S.C. §§ 201 et seq.  60.  Plaintiff realleges and incorporates by reference all allegations in all preceding  paragraphs.   61.  The overtime wage provisions of Article 19 of the NYLL and its supporting  regulations apply to Defendant and protect Plaintiff and the New York Class.   62.  Defendant failed to pay Plaintiff and the New York Class the premium overtime  wages to which they were entitled under the NYLL and the supporting New York State Department  of Labor Regulations – at a rate of 1.5 times their regular rate of pay, including bonuses – for all  hours worked beyond 40 per workweek.   63.  Due to Defendant’s violations of the NYLL, Plaintiff and the New York Class are  entitled to recover from Defendant their unpaid overtime wages, liquidated damages as provided  for by the NYLL, reasonable attorneys’ fees and costs, and pre-judgment and post-judgment  interest.   10 64.  Plaintiff realleges and incorporates by reference all allegations in all preceding  paragraphs.   65.  The timely payment of wages provisions NYLL § 191 and its supporting  regulations apply to Defendant and protect Plaintiff and the New York Class.   66.  Defendant’s failed to pay Plaintiff and the New York Class on a timely basis as  required by NYLL § 191(1)(a).    67.  Due to Defendant’s violations of the NYLL, Plaintiff and the New York Class are  entitled to recover from Defendant the amount of their untimely paid wages as liquidated damages,  reasonable attorneys’ fees and costs, and pre-judgment and post-judgment interest as provided for  by NYLL § 198.  68.  Plaintiff realleges and incorporates by reference all allegations in all preceding  paragraphs.   69.  Defendant has failed to supply Plaintiff and the New York Class with a proper time  of hire wage notice, as required by NYLL, Article 6, § 195(1), in English or in the language  identified as their primary language, at the time of hiring, containing, among other items: the rate  or rates of pay and basis thereof, whether paid by the hour, shift, day, week, salary, piece,  commission, or other; allowances, if any, claimed as part of the minimum wage; the regular pay  day designated by the employer in accordance with section one hundred ninety-one of this article;  overtime rate; the name of the employer; any “doing business as” names used by the employer;  11 the physical address of the employer's main office or principal place of business, and a mailing  address if different; the telephone number of the employer; plus such other information as the  commissioner deems material and necessary.   70.  Due to Defendant’s violations of NYLL, Article 6, § 195(1), Plaintiff and the New  York Class are entitled to statutory penalties of fifty dollars for each workday that Defendant failed  to provide them with wage notices, or a total of five thousand dollars each, as well as reasonable  attorneys’ fees and costs as provided for by NYLL, Article 6, § 198(1-b).   71. Plaintiff realleges and incorporates by reference all allegations in all preceding  paragraphs.   72. Defendant failed to supply Plaintiff and the New York Class with an accurate  statement of wages with every payment of wages as required by NYLL, Article 6, § 195(3), listing:   dates of work covered by that payment of wages; name of employee; name of employer; address  and phone number of employer; rate or rates of pay and basis thereof, whether paid by the hour,  shift, day, week, salary, piece, commission, or other; gross wages; deductions; allowances, if any,  claimed as part of the minimum wage; hourly rate or rates of pay and overtime rate or rates of pay  if applicable; the number of hours worked per week, including overtime hours worked if  applicable; deductions; and net wages.   73. Defendant’s failure to provide Plaintiff and the New York Class with wage statements  that accurately reflected their overtime rate and hours worked per week violates NYLL § 195(3)   74. Due to Defendant’s violations of NYLL § 195(3), Plaintiff and the New York Class are  entitled to statutory penalties of two hundred fifty dollars for each workday that Defendant failed to  12 provide them with accurate wage statements, or a total of five thousand dollars each, as well as  reasonable attorneys’ fees and costs as provided for by NYLL, Article 6, § 198.  Fair Labor Standards Act – Overtime Wages  (Brought on behalf of Plaintiff and the FLSA Collective)   New York Labor Law – Overtime Wages  (Brought on behalf of Plaintiff and the New York Class)   New York Labor Law – Failure to Provide Proper Time of Hire Notice  (Brought on behalf of Plaintiff and the New York Class)   New York Labor Law – Failure to Provide Accurate Wage Statements  (Brought on behalf of Plaintiff and the New York Class)   New York Labor Law – Failure to Pay Timely Wages  (Brought on behalf of Plaintiff and the New York Class)  