22.  At the time of her employment, Plaintiff Howard was a full-time high school   student at Andy Dekany High School.     23.  Plaintiff Howard was seventeen (17) years of age during her employment with  Defendant, in 2018.    24.  Plaintiff Howard was employed as a team member by the Defendant from  approximately November 2018 to February 2018.   Page 5   25.  At the time of hiring, Defendant agreed to compensate Plaintiff Howard at a rate of  $8.50 per hour.    26.  Plaintiff Howard did not receive pay stubs or pay checks from Defendant.    27.  Plaintiff Howard was ‘paid’ on a VISA gift card.  Plaintiff Howard never received  a paystub.    28.  Plaintiff Howard was never given an employee handbook.   29.  Plaintiff Howard was told she would be compensated at $8.50 per hour. She  typically worked about thirty-five (35) hours a week.   30.  Plaintiff Howard was paid once in her three months as an employee. She was paid  $120.00 on a VISA card in early February of 2018.    31.  Plaintiff Howard contends her ‘pay’ on the VISA card was less than she should  have earned at her stated rate of pay for all hours worked.    32.  Plaintiff Howard attempted to contact the corporate office to obtain payment in late  February via email, however, Plaintiff Howard was unsuccessful as the corporate office did not  respond in a timely manner and never resolved her complaint.   33.  Plaintiff Howard contends she was terminated in late February because she  complained about not being paid in accordance with the law.    34.  At the time of her firing, Plaintiff Howard’s supervisor mentioned her complaint to  corporate but said her firing was because her braids were a dress code violation.  Plaintiff Howard  had the braids since began working with the Defendant and contends that the braids were only a  pretext for firing her.    35.  The minimum wage in Texas in 2018 was $7.25 per hour. Defendant’s failure to  adequately compensate the Plaintiff Howard is a per se violation of Texas minimum wage laws.  Tex. Lab. Code § 62.051.  Page 6   36.  The federal minimum wage in 2018 was $7.25 per hour. Defendant’s failure to  adequately compensate the Plaintiff Howard is a per se violation of the FLSA.   B. Missouri Plaintiffs- Breyonna Bush and India Roberson   37.  Plaintiff Bush was employed as a cook by the Defendant from approximately June  2019 and January 2020.   38.  Plaintiff Bush was compensated at $9.00 an hour and typically worked between  twenty (20) to forty (40) hours a week.   39.  Plaintiff Bush was not given a meal break every day and when she did receive a  break, they were cut short. Her breaks were typically ten (10) minutes long.    40.  Plaintiff Bush often worked “off the clock” cooking until the next employee could  take over her station.     41.  Plaintiff Roberson was employed as a shift manager by the Defendant from  approximately May 2019 to June 2020.   42.  Plaintiff Roberson often worked over forty (40) hours a week. She was  compensated at a rate of $10.00 per hour, although at the time of hiring she agreed to a rate of  $12.50 per hour.    43.  Plaintiff Roberson often worked “off the clock” cooking at her station until the next  employee could take over the station.     44.  When Plaintiff Roberson was compensated for her overtime work, she was  compensated at $9.00 per hour.    45.  Plaintiff Roberson also often worked “off the clock” at busy times.   46.  Plaintiff Roberson was paid on a rapid! Paycard and often did not know how to  breakdown hours and request her earned overtime pay.   Page 7  C. Establishing a Collective Class    47.  The FLSA Collective is defined as:  56.  All previous paragraphs are incorporated as though fully set forth herein.   57.  According to Texas law, an employer must pay an employee the federal minimum  wage.    58.  At all times relevant to this Complaint, the Texas minimum wage for non-exempt  employees was $7.25 per hour.    59.  Defendant violated the Texas Minimum Wage Act by not paying the Plaintiff  Howard the required federal minimum wage for all hours worked between November 2018 and  February 2018.  In fact, she not paid at all for nearly two (2) months of her employment.    60.  Accordingly, Plaintiff Howard is entitled to wages for all hours worked pursuant in  an amount equal to their regular rate of pay, plus liquidated damages, attorneys’ fees and costs.   See Tex. Lab. Code § 62.201; Tex. Lab. Code § 62.205.   Page 9  WHEREFORE, on Count I of this Complaint, Plaintiff Howard demands judgment against  Defendant and prays for: (1) unpaid minimum wages; (2) liquidated damages; (3) attorneys’ fees  and costs as allowed by Tex. Lab. Code § 62.205; (4) a declaration that Defendant violated Texas  law by failing to pay Plaintiff Howard the minimum wage; and (5) such other relief as the Court  deems just and proper.  66.  All previous paragraphs are incorporated as though fully set forth herein.   67.  The Texas law requires employers to give each employee a written earnings  statement covering the pay period, typically referred to pay stubs.    68.  During times relevant to this action, Defendant violated this provision by not  providing the Plaintiff Howard with any pay stubs or statement of earnings.   69.  As Defendant failed to keep records as required pursuant to Tex. Lab. Code   §62.003, this Court should enter an Order finding Defendant violated Tex. Lab. Code §62.003.  WHEREFORE, on Count III of this Complaint, Plaintiff Howard demands judgment against  Defendant and pray for: (1) a declaration that Defendant violated Texas law by failing to provide  Plaintiff Howard with a statement of wages and (2) such other relief as the Court deems just and  proper.  75.  All previous paragraphs are incorporated as though fully set forth herein.   76.  Tex. Lab. Code § 61.016 requires that an employee must agree in writing to   accept part or all of their wages in any other form than United States currency.    77.  Defendant ‘paid’ the Plaintiff Howard on a VISA card which is not a form of US   Currency.   78.  Plaintiff Howard never gave permission, or had it explained to her that this would   be the method by which she received payment.     79.  As Defendant failed to properly compensation Plaintiff Howard as required   pursuant to Tex. Lab. Code § 61.016, this Court should enter an Order finding Defendant violated  Tex. Lab. Code § 61.016 by failing to execute a proper form of payment.    WHEREFORE, on Count V of this Complaint, Plaintiff Howard demands judgment against  Defendant and pray for: (1) a declaration that Defendant violated the Texas Wage Acts by failing  to properly execute a proper form of payment for Plaintiff Howard and (2) such other relief as the  Court deems just and proper.  Page 12  B. Collective and Class Claims:   80.  All previous paragraphs are incorporated as though fully set forth herein.   81.  The FLSA requires that employers compensate all non-exempt employees for every   hour worked in a workweek. See 29 U.S.C. § 206(a)-(b).    82.   Defendant failed to pay Plaintiffs and other similarly situated employees   minimum wage for all hours worked, in violation of the FLSA. In violating the FLSA, Defendant  acted willfully, without a good faith basis and with reckless disregard of applicable federal law.   83.   Defendant violated the FLSA, 29 U.S.C. § 206, by not paying Plaintiffs and other  similarly situated employees adequately for all hours worked.  Plaintiffs and similarly situated  employees suffered damages and continue to suffer damages as a result of Defendant’s acts or  omissions as described herein; though, Defendant is in possession and control of necessary  documents and information from which Plaintiffs would be able to precisely calculate damages.   84.  Plaintiff Howard worked for approximately two (2) months without proper pay, in   violation of the federal minimum wage mandate. Defendant is a sophisticated party and employer,  and therefore knew (or should have known) its policies violated the FLSA.  The decision and  practice by Defendant to not pay minimum wage for all hours worked was neither reasonable nor  in good faith.    85.  Plaintiffs Bush and Roberson and other similarly situated employees worked off- the-clock continually and were not compensated at a rate of at least the federal minimum wage.    86.  Accordingly, Plaintiffs and other similarly situated employees are entitled to wages   for all hours worked pursuant to the FLSA in an amount equal to their regular rate of pay, plus  damages, attorneys’ fees and costs. 29 U.S.C. § 216(b).   Page 13  WHEREFORE, on Count I of this Complaint, Plaintiffs and all similarly situated  employees demand judgment against Defendant and pray for:  (1) unpaid minimum wages; (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; (5) a declaration that Defendant  violated the FLSA by failing to pay Plaintiffs and similarly situated employees minimum wage;  and (6) such other relief as the Court deems just and proper.  87.  All previous paragraphs are incorporated as though fully set forth herein.    88.  Defendant is required under the FLSA, 29 U.S.C. § 207, to pay wages to Plaintiffs    and other similarly situated employees at a rate no less than one-and-one-half times their regular  hourly rate of pay for all time worked in excess of forty (40) hours in individual workweeks.   89.  Defendant willfully failed and refused to pay Plaintiffs and other similarly situated   employees overtime wages, as required under the FLSA, for all hours worked in excess of forty  (40) per week.    90.  Defendant’s willful failure and refusal to pay Plaintiffs and other similarly situated  employees overtime wages for all hours worked in excess of forty (40) hours per week in individual  workweeks at a rate of at least one and one-half their regular rate violates the FLSA, 29 U.S.C. §§  207, 255.   91.  Moreover, HZ Ops knowingly, willfully and in reckless disregard carried out its  illegal pattern of failing to pay Plaintiffs and other similarly situated employees overtime  compensation. 29 U.S.C. § 255(a).  Page 14   92.  Plaintiff Roberson also often worked over forty (40) hours a week. Plaintiff  Roberson worked “off the clock” cooking at her station until the next employee could take over  the station.  This occurred many times a week and typically lasted thirty (30) minutes.    93.  HZ Ops knew or should have known its pay practices were in violation of the  97.  All previous paragraphs are incorporated as though fully set forth herein.   98.  According to the MMWL, an employer must pay an employee the state   mandated minimum wage.  Section 290.500 R.S.Mo. et seq.  Page 15   99.  The Missouri minimum wage was $8.60 an hour in 2019 and $9.45 an hour in   2020.   100.  Defendant violated the MMWL by not paying Plaintiffs and other similarly   situated employees the legally-required minimum wage.  101.  Accordingly, Plaintiffs and other similarly situated employees are entitled to   wages for all hours worked pursuant in an amount equal to their regular rate of pay, plus  liquidated damages, attorneys’ fees and costs.  See Mo. Rev. Stat. § 290.527.   WHEREFORE, on Count III of this Complaint, Plaintiffs and all similarly situated  employees demand judgment against Defendant and pray for:  (1) unpaid minimum wages; (2)  liquidated damages; (3) attorneys’ fees and costs as allowed by the MMWL; (4) pre-judgment and  post-judgment interest as provided by law; (5) a declaration that Defendant violated the FLSA by  failing to pay Plaintiffs and all similarly situated employees minimum wage; and (6) such other  relief as the Court deems just and proper.  A. Texas Plaintiff- Jayla Howard   FAILURE TO PAY MINIMUM WAGE IN VIOLATION OF MMWL  MO. REV. STAT. § 290.502(3)   FAILURE TO PAY OVERTIME IN VIOLATION OF MMWL   MO. REV. STAT. § 290.505   102.  All previous paragraphs are incorporated as though fully set forth herein.   103.  Defendant is required to pay wages to employees at a rate no less than one-  and-one half times their regular hourly rate of pay for all time worked in excess of forty (40) hours  in individual workweeks.  104.  Defendant failed and refused to pay overtime wages, as required, for all hours   worked in excess of forty (40) per week.   105.  Plaintiff Roberson also often worked over forty (40) hours a week.  Plaintiff   Roberson worked “off the clock” cooking at her station until the next employee could take over  the station.  This occurred many times a week and typically lasted thirty (30) minutes.   Page 16  106.  As a result of these willful unlawful practices, Plaintiffs and other similarly situated  employees suffered a loss of overtime wages and are entitled to recover unpaid wages for up to  two years prior to the filing of their claims, liquidated damages, pre- and post-judgment interest,  and attorneys’ fees and costs. See MO. Rev. State. § 290.527.   WHEREFORE, on Count IV of this Complaint, Plaintiffs and all similarly situated  employees demand judgment against Defendant and pray for:  (1) unpaid overtime wages; (2)  liquidated damages; (3) attorneys’ fees and costs as allowed by the MMWL; (4) pre-judgment and  post-judgment interest as provided by law; (5) a declaration that Defendant violated the MMWL  by failing to pay Plaintiffs and all similarly situated employees overtime wages; and (6) such other  relief as the Court deems just and proper.  VIOLATIONS OF TEXAS LABOR ACTS: FAILURE TO PROVIDE A STATEMENT  OF WAGES  TEX. LAB. CODE § 62.003   VIOLATION OF FLSA: FAILURE TO PAY FEDERAL MINIMUM WAGE   29 U.S.C. § 206   VIOLATION OF THE FLSA: FAILURE TO PAY OVERTIME  29 U.S.C. § 207   VIOLATION OF TEXAS MINIMUM WAGE ACT  TEX. LAB. CODE § 62.051   VIOLATIONS OF TEXAS LABOR CODE: FAILURE TO PROVIDE ADEQUATE  FORM OF COMPENSATION  TEX. LAB. CODE § 61.016  