(Collective Action Claim for Violation of FLSA)   (Individual Claim for Violations of   CWA, C.R.S. § 8-4-101, et seq., and CMWO, C.C.R. § 1103-1)   (Individual Claim for Violation of the FLSA)   14.  Plaintiff repeats and re-alleges all the preceding paragraphs of this  Complaint as if fully set forth in this section.    15.  Crandall is owner, principal, officer and/or director of Crandall Drilling.   16.  Crandall manages and controls the day-to-day operations of Crandall  Drilling, including but not limited to the decision to not pay Plaintiff a sufficient premium  for hours worked in excess of forty (40) per week   17.  Defendant is an “employer” within the meanings set forth in the FLSA, and  was, at all times relevant to the allegations in this Complaint, Plaintiffs’ employer, as well  as the employer of the members of the collective.   18.  Defendant’s primary business is providing water well services, such as  drilling and pump repair.    20.  Defendant’s annual gross volume of sales made or business done is not  less than $500,000.00 (exclusive of excise taxes at the retail level that are separately  stated) for each of the three years preceding the filing of this Complaint.   21.  At all material times herein, Plaintiff has been entitled to the rights,  protection and benefits provided under the FLSA, the CWA and the CMWO.   22.  Plaintiff was employed by Defendant within the three (3) years preceding  the filing of this Original Complaint.   23.  Specifically, Plaintiff was employed by Defendant from September of 2015  until January of 2020 as a foreman.   24.  As a foreman, Plaintiff was paid an hourly rate.     25.  At all relevant times herein, Defendant directly hired Plaintiff and similarly  situated employees to work on its behalf, paid them wages and benefits, controlled their  work schedules, duties, protocols, applications, assignments and employment conditions,  and kept at least some records regarding their employment.   26.  Plaintiff and similarly situated hourly employees regularly worked in excess  of forty (40) hours per week throughout their tenure with Defendant.   27.  Defendant paid Plaintiff and similarly situated hourly employees one and  one-half times their base hourly rate for some hours worked over forty (40) in each week,  but not for all hours worked over forty (40) in each week.    28.  Upon information and belief, Defendant’s pay practices were the same for  all hourly employees.    30.  However, Defendant did not include the bonuses that were paid to Plaintiff  and in his regular rate when calculating overtime pay.   31.  Section 778.208 of Title 29 of the Code of Federal Regulations requires that  all forms of compensation, such as nondiscretionary bonuses, “must be totaled in with  other earnings to determine the regular rate on which overtime pay must be based.”   32.  Therefore, Defendant violated the FLSA by not including all forms of  compensation, such as the nondiscretionary bonuses, in the regular rate when calculating  Plaintiff’s overtime pay.   33.  Defendant failed to pay Plaintiff and all others similarly situated a sufficient  overtime premium for all hours worked over forty each week.     34.  Upon information and belief, the pay practices that violate the FLSA alleged  herein were the same at all of Defendant’s facilities because the policy was a centralized  human resources policy implemented uniformly from the corporate headquarters.   35.  Defendant knew or showed reckless disregard for whether the way it paid  Plaintiffs and other hourly-paid workers violated the FLSA.   V.  36.  Plaintiff repeats and re-alleges all the preceding paragraphs of this  Complaint as if fully set forth in this section.   37.  Plaintiff brings 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).   39.  The relevant time period dates back three years from the date on which  Plaintiff’s Original Complaint—Collective Action was filed and continues forward through  the date of judgment pursuant to 29 U.S.C. § 255(a).   40.  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 worked over forty hours in at least one week within the past three  years; and  D.  They were subject to Defendant’s common policy of failing to pay an  overtime premium for all hours worked over forty in each week.   41.  Plaintiff is unable to state the exact number of the potential members of the  FLSA Collective but believe that the group exceeds five (5) persons.   60.  Plaintiff repeats and re-alleges all the preceding paragraphs of this  Complaint as if fully set forth in this section.   61.  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.   62.  Defendant classified Plaintiff as non-exempt from the requirements of the  69.  Plaintiff repeats and re-alleges all the preceding paragraphs of this  Complaint as if fully set forth in this section.   70.  Plaintiff brings this collective action claim on behalf of all hourly-paid  workers employed by Defendant to recover monetary damages owed by Defendant to  Plaintiff and members of the putative collective for all the overtime compensation for all  the hours they worked in excess of forty (40) each week.    71.  Plaintiff brings this action on behalf of himself individually and on behalf of  all other similarly situated employees, former and present, who were and/or are affected  by Defendant’s willful and intentional violation of the FLSA.    72.  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.   74.  Like Plaintiff, these hourly-paid employees regularly worked more than forty  (40) hours in a week.    75.  Defendant failed to pay Plaintiff and all similarly situated employees an  overtime rate of one and one-half times their regular rate for all hours worked in excess  of forty hours per week.     76.  Because these employees are similarly situated to Plaintiff, and are owed  overtime for the same reasons, the opt-in class may be properly defined as:   All hourly employees who worked more than forty (40)  hours in any week within the past three years.   77.  Defendant’s conduct and practice, as described above, has been and is  willful, intentional, unreasonable, arbitrary and in bad faith.   78.  By reason of the unlawful acts alleged in this Complaint, Defendant is liable  to Plaintiff and all those similarly situated for, and Plaintiff and all those similarly situated  seek, unpaid overtime wages, liquidated damages, and costs, including reasonable  attorney’s fees as provided by the FLSA.   79.  Alternatively, should the Court find that Defendant acted in good faith in  failing to pay Plaintiff and all those similarly situated as provided by the FLSA, Plaintiff  and all those similarly situated are entitled to an award of prejudgment interest at the  applicable legal rate.  80.  Plaintiff repeats and re-alleges all previous paragraphs of this Complaint as  though fully incorporated in this section.   82.  Defendants failed to properly pay Plaintiff overtime wages at a rate of not  less than one and one-half (1.5) times his regular rate of pay for all hours he worked in  excess of forty (40) per workweek.   83.  Defendants’ conduct and practices, described herein, were willful,  intentional, unreasonably, arbitrary, and in bad faith.    84.  Because Defendants willfully violated the CWA and CMWO, a three (3) year  statute of limitations shall apply to such violations.   85.  As a result of Defendant’s uniform and common policies and practices  described above, Plaintiff was illegally deprived of overtime wages earned, in such  amounts to be determined at trial, and is entitled to recovery of such total unpaid amounts,  reasonable attorneys’ fees, costs and other compensation pursuant to Colo. Rev. Stat. §  8-6-118.  IX. 