(Collective Action Claim for Violations of the FLSA)   (Individual Claims for Violation of the FLSA)   (Individual Claims for Violation of the AMWA)   31.  Plaintiffs repeat and re-allege all the preceding paragraphs of this Original  Complaint as if fully set forth in this section.   32.  At all times relevant hereto, Plaintiffs worked for Defendants as hourly- paid employees who clean Defendants' customer locations, referred to herein for brevity  as "site workers."   33.  Defendants classified Plaintiffs as hourly employees nonexempt from the  overtime requirements of the FLSA and the AMW A.   34.  As site workers, Plaintiffs Guinn and Witt were responsible for performing  various general janitorial tasks.   36.  Defendants required site workers, including Plaintiffs, to take two (2)  fifteen-minute breaks throughout their shifts.   37.  Defendants did not compensate site workers, including Plaintiffs, for each  of these breaks throughout their shifts.   38.  Plaintiffs and other site workers were and are entitled to overtime  compensation in the amount of one and one-half (1.5) times their regular rate of pay for  all hours worked in excess of forty (40) in a week.   39.  Defendants did not pay overtime wages to site workers, including  Plaintiffs, for all of their hours worked in excess of forty (40) hours per week, even  though Defendants were aware of those additional hours worked   40.  Defendants knew, or showed reckless disregard for whether the way they  paid Plaintiffs and other site workers violated the FLSA and AMW A.  V.  42.  Plaintiffs bring their claims 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 ).   44.  In conformity with the requirements of FLSA Section 16(b ), Plaintiffs have  or will file shortly Consents to Join this lawsuit.   45.  The relevant time period dates back three years from the date on which  Plaintiffs' Original Complaint-Collective Action was filed herein and continues forward  through the date of judgment pursuant to 29 U.S.C. § 255(a).   46.  The members of the proposed FLSA Collective are similarly situated in  that they share these traits:  A.  They were paid hourly;  B.  They performed the same or similar job duties;  C.  They were classified by Defendants as non-exempt from the overtime  requirements of the FLSA; and  D.  They were subject to Defendants' common policy of denying overtime pay  for all hours worked over forty (40) per work week.  4 7.  Plaintiffs are unable to state the exact number of potential members of the  FLSA Collective but believe that the group exceeds twenty (20) persons.   48.  In the modern era, most working-class Americans have become  increasingly reliant on email and text messages, and generally use them just as often, if  not more so, than traditional U.S. Mail.   50.  Plaintiffs repeat and re-allege all previous paragraphs of this Original  Complaint as though fully set forth herein.   51.  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. § 20(a)(1 ).   52.  Defendants have failed and refused to comply with the FLSA's wage  requirements by failing to pay Plaintiffs one and one half (1.5) times their regular rates  for all hours worked in excess of forty (40) hours per week during Plaintiffs' employment  as described in this Complaint.   53.  Many work weeks, if not all work weeks, Plaintiffs worked more than forty  (40) hours per week and were not paid overtime for their mandatory fifteen-minute  breaks each day.   54.  Defendants' conduct and practices, as described above, were willful,  intentional, unreasonable, arbitrary, and in bad faith.   56.  Defendants have not acted in good faith nor with reasonable grounds to  believe their actions and omissions were not a violation of the FLSA, and, as a result  thereof, Plaintiffs are entitled to recover an award of liquidated damages in an amount  equal to the amount of unpaid overtime premium pay described above pursuant to  Section 16(b) of the FLSA, 29 U.S.C. § 216(b).   57.  Alternatively, should the Court find that Defendants acted in good faith in  failing to pay Plaintiffs as provided by the FLSA, Plaintiffs are entitled to an award of  prejudgment interest at the applicable legal rate.  58.  Plaintiffs repeat and re-allege all previous paragraphs of this Original  Complaint as though fully set forth herein.   59.  Plaintiffs assert this claim on behalf of all site workers employed by  Defendants to recover monetary damages owed by Defendants to Plaintiffs and  members of the putative collective for unpaid overtime compensation for all the hours  she and they worked in excess of forty (40) each week.   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. § 20(a)(1 ).   62.  Defendants have failed and refused to comply with the FLSA's wage  requirements by failing to pay Plaintiffs and those similarly situated one and one half  (1.5) times their regular rates for all hours worked in excess of forty (40) hours per week  during their employment with Defendants as described in this Complaint.   63.  Many work weeks, if not all work weeks, Plaintiffs and those similarly  situated worked more than forty (40) hours per week and were not paid overtime for  their mandatory fifteen-minute breaks each day.   64.  Because these employees are similarly situated to Plaintiffs, and are owed  overtime for the same reasons, the proposed collective is properly defined as follows:  All hourly-paid employees of Defendants within the past  three years who clean Defendants' customer site locations.   65.  Defendants' conduct and practices, as described above, were willful,  intentional, unreasonable, arbitrary, and in bad faith.   66.  By reason of the unlawful acts alleged herein, Defendants are liable to  Plaintiffs and those similarly situated for, and Plaintiffs and those similarly situated seek,  monetary damages, liquidated damages, and costs, including reasonable attorneys'  fees as provided by the FLSA for all violations which occurred beginning at least three  (3) years preceding the filing of Plaintiffs' Original Complaint.   68.  Alternatively, should the Court find that Defendants acted in good faith in  failing to pay Plaintiffs and those similarly situated as provided by the FLSA, Plaintiffs  and those similarly situated are entitled to an award of prejudgment interest at the  applicable legal rate.  69.  Plaintiffs repeat and re-allege all previous paragraphs of this Original  Complaint as though fully set forth herein.   70.  Plaintiff asserts this claim for damages and declaratory relief pursuant to  the AMWA, Arkansas Code Annotated§§ 11-4-201, et seq.   71.  At all relevant times, Defendants were or have been Plaintiffs' "employers"  within the meaning of the AMWA, Ark. Code Ann. § 11-4-203( 4 ).   72.  Arkansas Code Annotated § 11-4-211 requires employers to pay all  employees one and one-half (1.5) times regular wages for all hours worked over forty  (40) hours in a week, unless an employee meets the exemption requirements of 29  U.S.C. § 213 and accompanying Department of Labor regulations.   75.  By reason of the unlawful acts alleged herein, Defendants are liable to  Plaintiff for monetary damages, liquidated damages, costs, and a reasonable attorney's  fee provided by the AMWA for all violations which occurred within the three (3) years  prior to the filing of this Complaint, plus periods of equitable tolling.   76.  Alternatively, should the Court find that Defendants acted in good faith in  failing to pay Plaintiff as provided by the AMWA, Plaintiff is entitled to an award of  prejudgment interest at the applicable legal rate.  IX.  FLSA § 216(b) Collective  41 .  Plaintiffs repeat and re-allege all previous paragraphs of this Complaint as  though fully incorporated in this section.  