13. Plaintiff brings claims for relief as a collective action pursuant to FLSA Section 16(b),  29 U.S.C. § 216(b), on behalf of all current and former non-exempt employees (including but not  limited to waiters, busboys, runners, servers, food preparers, cooks, line-cooks, bartenders and bar- backs) employed by Defendants on or after the date that is six years before the filing of the  Complaint in this case as defined herein (“FLSA Collective Plaintiffs”).   15. The claims for relief are properly brought under and maintained as an opt-in  collective action pursuant to §16(b) of the FLSA, 29 U.S.C. 216(b). The FLSA Collective  Plaintiffs are readily ascertainable. For purposes of notice and other purposes related to this  action, their names and addresses are readily available from the Defendants. Notice can be  provided to the FLSA Collective Plaintiffs via first class mail to the last address known to  Defendants.  16. Plaintiff brings claims for relief pursuant to the Federal Rules of Civil Procedure  (“F.R.C.P.”) Rule 23, on behalf of all current and former non-exempt employees (including but  not limited to waiters, busboys, runners, servers, food preparers, cooks, line-cooks, bartenders and  bar-backs) employed by Defendants on or after the date that is six years before the filing of the  Complaint in this case as defined herein (the “Class Period”).   17. All said persons, including Plaintiff, are referred to herein as the “Class.” The Class  members are readily ascertainable. The number and identity of the Class members are  determinable from the records of Defendants. The hours assigned and worked, the position held,  and rates of pay for each Class member are also determinable from Defendants’ records. For  purposes of notice and other purposes related to this action, their names and addresses are readily  available from Defendants. Notice can be provided by means permissible under F.R.C.P. 23.   19. Plaintiff’s claims are typical of those claims, which could be alleged by any member  of the Class, and the relief sought is typical of the relief, which would be sought by each member  of the Class in separate actions. All the Class members were subject to the same corporate practices  of Defendants, as alleged herein, of (i) failing to pay overtime compensation at the rate of one and  one-half times the straight time hourly rate for all hours worked in excess of forty (40) each  workweek, (ii) failing to pay spread of hours premium for each shift in excess of ten (10) hours,  (iii) failing to provide proper wage statements per requirements of the New York Labor Law, and  (iv) failing to provide proper wage and hour notices, at date of hiring and annually, per  requirements of the New York Labor Law. Defendants’ corporate-wide policies and practices  affected all Class members similarly, and Defendants benefited from the same type of unfair and/or  wrongful acts as to each Class member. Plaintiff and other Class members sustained similar losses,  injuries and damages arising from the same unlawful policies, practices and procedures.   20. Plaintiff is able to fairly and adequately protect the interests of the Class and has no  interests antagonistic to the Class. Plaintiff is represented by attorneys who are experienced and  competent in both class action litigation and employment litigation and have previously  represented plaintiffs in wage and hour cases.   22. Defendants and other employers throughout the state violate the New York Labor Law.  Current employees are often afraid to assert their rights out of fear of direct or indirect retaliation.  Former employees are fearful of bringing claims because doing so can harm their employment,  future employment, and future efforts to secure employment. Class actions provide class members  who are not named in the Complaint a degree of anonymity, which allows for the vindication of  their rights while eliminating or reducing these risks.   24. On or about August 1, 2014, Plaintiff, MARCO ANGUISACA, was hired by  Defendants to work as a cook at Defendants’ Italian Restaurant, “Scaramella’s,” located at 1  Southfield Avenue, Dobbs Ferry, NY, 10522.   25. Plaintiff worked for Defendants until on or about August 14, 2016.   27. Specifically, throughout his employment by Defendants, Plaintiff worked six (6) days  per week: 10:00 a.m. – 10:00 p.m. for four (4) days per week and 10:00 a.m. – 11:00 p.m. for two  (2) days per week, for a total of approximately seventy-four (74) hours per week.    28. Throughout his employment by Defendants, Plaintiff received his compensation on a  fixed salary basis, at a rate of $800 per week. Plaintiff received such compensation partly in check  form and partly in cash. Specifically, Plaintiff received $275.00 in check form, and the remainder  of his weekly fixed salary ($525.00) in cash form.   29. There was never any agreement that the fixed salary that Plaintiff received covered  those overtime hours that he worked in excess of forty (40) each workweek. Throughout Plaintiff’s  employment by Defendants, Defendants willfully violated Plaintiff’s rights by paying him on a  fixed salary basis, in violation of the New York Labor Law because Plaintiff was a non-exempt  employee who Defendants were required to compensate on an hourly basis.   30. Similarly, the other FLSA Collective Plaintiffs and Class Members were compensated  by Defendants on fixed salary bases, even though FLSA Collective Plaintiffs and Class Members  never agreed with Defendants that the fixed salaries that they received were inclusive of overtime  premium for all hours in excess of forty (40) that they worked in each workweek.   32. The wage statements provided by Defendants to Plaintiff were fradulent at all times.  They did not state the number of hours that Plaintiff worked, Plaintiff’s hourly rate of pay, or the  number of overtime hours that Plaintiff worked. Further, the wage statements provided to Plaintiff  only stated that Plaintiff earned $275.00 per week, for which he received compensation in check  form. The wage statements given to Plaintiff did not indicate, or reflect in any way the additional  compensation of $525.00 per week that Plaintiff received in cash form from Defendants.    33. Similarly, Class Members received fraudulent wage statements that did not state the  number of hours worked, the hourly rate of pay, the number of overtime hours worked, or the  actual amount earned.   34. Plaintiff never received any wage and hour notices from the Scaramella’s restaurant.  Similarly, Class members never received any wage and hour notices from Defendants restaruant .   35. Defendants knowingly and willfully operated their business with a policy of not paying  Plaintiff and FLSA Collective Plaintiffs the FLSA overtime rate (of time and one-half) or the New  York State  overtime rate (of time and one-half).   36. Defendants knowingly and willfully operated their business with a policy of not paying  the New York State “spread of hours” premium to Plaintiff and other non-exempt employees.   37.  Defendants knowingly and willfully operated their business with a policy of not  providing a proper wage statement to Plaintiff and other non-exempt employees, in violation of  the New York Labor Law.    39. Plaintiff retained Lee Litigation Group, PLLC to represent him and other employees  similarly situated in this litigation and has agreed to pay the firm a reasonable fee for its services.  40. Plaintiff realleges and reavers Paragraphs 1 through 39 of this Complaint as if fully set  forth herein.   41. At all relevant times, upon information and belief, Defendants were and continue to be  employers engaged in interstate commerce and/or the production of goods for commerce within  the meaning of the FLSA, 29 U.S.C. §§ 206(a) and 207 (a).  Further, Plaintiff is a covered  individuals within the meaning of the FLSA, 29 U.S.C. §§ 206(a) and 207 (a).   42. At all relevant times, Defendants employed Plaintiff within the meaning of the FLSA.   43. Upon information and belief, at all relevant times, Defendant TIRRENIO, INC. had  gross revenues in excess of $500,000.   44. At all relevant times, the Defendants had a policy and practice of refusing to pay  overtime compensation at the statutory rate of time and one-half to Plaintiff and FLSA Collective  Plaintiffs for their hours worked in excess of forty hours per workweek.   45. Defendants failed to pay Plaintiff and FLSA Collective Plaintiffs overtime  compensation in the lawful amount for hours worked in excess of the maximum hours provided  for in the FLSA.   47. Defendants knew of and/or showed a willful disregard for the provisions of the FLSA  as evidenced by their failure to compensate Plaintiff and FLSA Collective Plaintiffs at the statutory  rate of time and one-half for their hours worked in excess of forty (40) hours per week when  Defendants knew or should have known such was due.   48. Defendants failed to properly disclose or apprise Plaintiff of their rights under the  52. Plaintiff realleges and reavers Paragraphs 1 through 51 of this Complaint as if fully set  forth herein.   54. Defendants willfully violated Plaintiff’s rights by failing to pay Plaintiff overtime  compensation at rates not less than one and one-half times the regular rate of pay for each hour  worked in excess of forty hours in a workweek.   55. Defendants willfully violated Plaintiff’s rights by failing to pay “spread of hours”  premium to Plaintiff for each workday that exceeded ten (10) or more hours.   56. Defendants knowingly and willfully operated their business with a policy of not  providing proper wage statements to Plaintiff and other non-exempt employees, in violation of the  New York Labor Law.   57. Defendants knowingly and willfully operated their business with a policy of not  providing proper wage notices to Plaintiff and other non-exempt employees at the beginning of  employment and annually thereafter, in violation of the New York Labor Law.   58. Defendants willfully violated Plaintiff’s right by paying him on a salary basis, in  violation of the New York Labor Law because Plaintiff is a non-exempt employee who must be  paid on an hourly basis.   59. Due to the Defendants’ New York Labor Law violations, Plaintiff is entitled to recover  from Defendants his unpaid overtime, unpaid “spread of hours” premium, statutory penalties,  damages for unreasonably delayed payments, reasonable attorneys’ fees, and costs and  disbursements of the action.    VIOLATION OF THE FAIR LABOR STANDARDS ACT   VIOLATION OF THE NEW YORK LABOR LAW  