(FAIR LABOR STANDARDS ACT:  UNPAID OVERTIME WAGES)  (Brought on Behalf of Plaintiff and All Collective Action Members)   (PENNSYLVANIA MINIMUM WAGE ACT:  UNPAID OVERTIME WAGES)  (Brought on Behalf of Plaintiff and All Members of the PMWA Class)   15. Defendant PrimeCare employed Plaintiff Kathy Moore and the Collective Action Members as therapists.   16. Defendant operated within correctional facilities throughout Pennsylvania.  18. Defendant maintains control, oversight, and discretion over the operation of its medical services within the correctional facilities, including its employment practices with respect  to Plaintiff and the Collective Action Members.   19. Plaintiff and the Collective Action Members were compensated via an hourly rate.  20. Plaintiff Kathy Moore was hired at a rate of $50.00 per hour. Sometime during her employment with PrimeCare, Plaintiff Kathy Moore was given one raise of $0.50 per hour.   21. Consistent with Defendant’s policy, pattern and/or practice, Plaintiff and the Collective Action Members regularly worked in excess of 40 hours per workweek without being  paid overtime wages, in violation of the FLSA and Pennsylvania Law.    22. Specifically, Plaintiff Kathy Moore regularly worked 70 or more hours per week as a therapist but was never paid overtime for hours worked over 40 per week.   23. The number of shifts that Plaintiff and each individual Collective Action Member worked and how many hours worked per shift, per week can be ascertained from Defendant’s  records.   24. Defendant assigned and is aware of all of the work that the Plaintiff and the Collective Action Members have performed.   26. During the Collective Action Periods, the primary job duties of Plaintiff and the Collective Action Members did not include hiring, firing, disciplining, or directing the work of  other employees or exercising meaningful independent judgment or discretion.    27. Pursuant to a centralized, company-wide policy, pattern and/or practice, Defendant classified Plaintiff and the Collective Action Members as exempt from coverage of the overtime  provisions of the FLSA.    28. Upon information and belief, Defendant did not perform a person-by-person analysis of the job duties of Plaintiff and the Collective Action Members when making the  decision to classify all of them uniformly as exempt from the overtime protections of the FLSA.   29. Defendant was willful and in reckless disregard of its obligations under the FLSA when it scheduled Plaintiff and the Collective Action Members over 40 hours a week without  providing overtime compensation.   30. Defendant’s unlawful conduct, as described above, was willful or in reckless disregard of the applicable wage and hour laws pursuant to Defendant’s centralized, company- wide policy, pattern, and practice of attempting to minimize labor costs by violating the FLSA  and Pennsylvania law.    30. Defendant’s willful violations of the FLSA and Pennsylvania law are further demonstrated by the fact that throughout the Collective Action Period, and continuing to the present, Defendant failed  to maintain accurate and sufficient time records for Plaintiff and the Collective Action Members.  Defendant acted recklessly or in willful disregard of the FLSA and Pennsylvania law by instituting  a policy and/or practice that did not allow Plaintiff or the Collective Action Members to record all  hours worked.   31. Section 13 of the FLSA, 29 U.S.C. § 213, exempts certain categories of employees from the overtime pay requirements set forth under 29 U.S.C. § 2017(a)(1) of the FLSA. None of  the aforementioned FLSA exemptions apply to Plaintiff and the Collective Action Members.   32. Due to the foregoing, Defendant’s failure to pay overtime wages for work performed by Plaintiff and the Collective Action Members in excess of 40 hours per workweek  was willful and has been widespread, repeated, and consistent.  34. Defendant is liable under the FLSA and PMWA for, inter alia, failing to pay premium overtime wages to Plaintiff and other similarly situated employees.   35. Upon information and belief, there are at least dozens of similarly situated current and former therapists who have not been paid premium overtime wages in violation of the FLSA  and/or PMWA and who would benefit from the issuance of a court-supervised notice of this  lawsuit and the opportunity to join.  Thus, notice should be sent to the Collective Action Members  pursuant to 29 U.S.C. § 216(b).   36. The similarly situated employees are known to Defendant, are readily identifiable, and can be located through Defendant’s records.  37. Plaintiff, on behalf of herself and all Collective Action Members, reallege and incorporate by reference the previous paragraphs as if they were set forth again herein.   38. At all relevant times, Defendant has been, and continues to be, an employer engaged in interstate commerce or the production of goods for commerce, within the meaning of  the FLSA, 29 U.S.C. §§ 206(a) and 207(a).   40. Defendant has engaged in a widespread pattern and practice of violating the FLSA, as described in this Complaint.   41. Plaintiff has consented in writing to be a party to this action, pursuant to 29 U.S.C. § 216(b).  42. The overtime wage provisions set forth in 29 U.S.C. §§ 201, et seq., apply to Defendant.   43. At all relevant times and continuing to the present, Defendant has had a policy and practice of refusing to pay premium overtime compensation to its therapists and similarly situated  employees in comparable positions but holding different titles, for hours worked in excess of 40  hours per workweek.   44. As a result of Defendant’s willful failure to compensate its employees, including Plaintiff and the Collective Action Members, at a rate not less than one and one-half times the  regular rate of pay for work performed in excess of 40 hours in a workweek, Defendant has  violated and, continues to violate, the FLSA, 29 U.S.C. §§ 201, et seq., including 29 U.S.C. §§  207(a)(1) and 215(a).    45. As a result of Defendant’s willful failure to record, report, credit, and compensate its employees, including Plaintiff and the Collective Action Members, Defendant failed to make,  keep, and preserve records with respect to each of its employees sufficient to determine the wages,  hours, and other conditions and practices of employment in violation of the FLSA, 29 U.S.C. §§  201, et seq., including 29 U.S.C. §§ 211(c) and 215(a).   47. Due to Defendant’s (a) failure to provide enough labor budget funds, (b) failure to take into account the impact of the underfunded labor budgets on the job duties of Plaintiff and  the Collective Action Members, (c) actual knowledge that the primary duties of Plaintiff and the  Collective Action Members were manual labor and other non-exempt tasks, (d) failure to perform  a person-by-person analysis of Plaintiff’s and the Collective Action Members’ job duties to ensure  that they were performing primarily exempt job duties, and (e) policy and practice that did not  allow Plaintiffs and Collective Action Members to record all hours worked, Defendant knew  and/or showed reckless disregard that its conduct was prohibited by the FLSA. 29 U.S.C. § 255(a).   48. As a result of Defendant’s FLSA violations, Plaintiff, on behalf of herself and the Collective Action Members, is entitled to (a) recover from Defendant unpaid wages for all of the  hours worked, as premium overtime compensation, (b) recover an additional, equal amount as  liquidated damages for Defendant’s willful violations of the FLSA, and, (c) recover unreasonably  delayed payment of wages, reasonable attorneys’ fees, and costs and disbursements of this action,  pursuant to 29 U.S.C. § 216(b).   49. Defendant’s violations of the FLSA have been willful, thus a three-year statute of limitations applies, pursuant to 29 U.S.C. § 255.  51. At all relevant times, Plaintiff and Collective Action Members were employed by Defendant within the meaning of the PMWA, and Defendant was an employer within the meaning  of PMWA.   52. The overtime wage provisions of the PMWA and its supporting regulations apply to Defendant.   53. Defendant willfully violated Plaintiff’s rights and the rights of the Collective Action Members by failing to pay the overtime rate legally required of not less than one and one-half  times their regular rate of regular pay for all hours worked by them in excess of 40 in a workweek  in violation of the PMWA and its regulations.   54. As a result of Defendant’s willful violations of the PMWA, Plaintiff and Collective Action Members are entitled to recover from Defendant their unpaid overtime wages, reasonable  attorneys’ fees and costs of the action, liquidated damages and pre-judgment and post-judgment  interest, including the employer’s share of FICA, FUTA, state unemployment insurance, and any  other required employment taxes, reasonable attorneys’ fees, and costs and disbursements of this  action, pursuant to the PMWA.   55. Defendant’s PMWA violations have caused Plaintiff and the Collective Action Members irreparable harm for which there is no adequate remedy at law. 