(FLSA Overtime Wage Violations)   (NJWHL Overtime Wage Violations)   22.  Plaintiff commenced his employment with Defendants approximately three (3)  years ago.   23.  From the commencement of his employment through the termination of his  employment on or about June 3, 2018, Plaintiff was paid on an hourly basis.   24.  Plaintiff earned $8.60 per hour.   26.  Plaintiff’s general work schedule was Monday through Sunday, 7:00 a.m. to  6:30 p.m.   27.  During the previous year and a half, Plaintiff generally worked more than forty  (40) hours per week every week.   28.  In those weeks in which Plaintiff worked more than forty (40) hours per week,  he worked approximately forty and one-half (40.5) hours of overtime per week.   29.  Defendants failed to pay Plaintiff at 1.5 times his regular hourly rate for his  extensive overtime hours.   30.  Moreover, Defendants falsified time records by ordering employees to clock in  and out on time cards with their names in blue at times to reflect approximately twenty (20)  hours per week (“blue time cards”) and to clock in and out on time cards with their names in  red for all additional time worked (“red time cards”).   31.  Defendants paid Plaintiff on the books at his regular hourly rate via paycheck  based on the hours on the blue time cards.   32.  Defendants paid Plaintiff off the books at his regular hourly rate via cash for all  hours on the red time cards.   33.  The red time cards were then disposed of immediately after Plaintiff was paid  in cash.   35.  As a result, Defendants failed to compensate Plaintiff at 1.5 times his regular  hourly rate for overtime, and they failed to accurately record his hours actually worked.   36.  At all times relevant hereto, Defendants have committed the foregoing acts  and/or omissions with knowledge that they have been violating federal and state law and that  Plaintiff has been and continues to be economically injured.  37.  Defendants’ failure to comply with the FLSA extends beyond Plaintiff to all other  similarly situated employees insofar as Defendants had a policy to (1) not pay their employees at  the rate of 1.5 times their regular rate of pay for the hours they worked in excess of forty (40)  hours, and (2) falsify time records.   38.  Plaintiff seeks certification of this action pursuant to 29 U.S.C. § 216(b) as a  collective action on behalf of himself, individually, and all other similarly situated current and  former employees performing similar duties for Defendants.   39.  The consent to sue form for the Plaintiff is attached hereto as Exhibit 1.   40.  Upon information and belief, there are at least 10 current and former employees  who have been denied proper overtime wage compensation, and regular wage payments while  working for Defendants.   49.  Plaintiff repeats and re-alleges all paragraphs above as though fully set forth herein.   50.  Throughout the statute of limitations period covered by these claims, Plaintiff and  others similarly situated regularly worked in excess of forty (40) hours per work week.   51.  At all relevant times hereto, Defendants have had and operated under a decision,  policy and plan, and under common policies, programs, practices, procedures, protocols, routines  and rules of knowingly and willfully failing and refusing to pay Plaintiff and others similarly  situated at one and a half times their regular rate of pay for all hours of work in excess of forty  (40) hours per workweek, and willfully failing to keep required records, in violation of the  53.  Plaintiff repeats and re-alleges all paragraphs above as though fully set forth herein.   54.  Defendants engaged in a widespread pattern, policy, and practice of violating the  NJWHL, as described herein.   56.  At all times relevant, Plaintiff and the New Jersey Class Members were employees  and Defendants were employers within the meaning of the NJWHL.   57.  Defendants employed Plaintiff and the New Jersey Class Members in New Jersey  within the meaning of the term “employ[s]” in the NJWHL.   58.  Plaintiff and the New Jersey Class Members are “person[s]” within the meaning of  the term “person[s]” in the NJWHL.   59.  Plaintiff and the New Jersey Class Members were “employees” within the meaning  of the term “employee[s]” in the NJWHL, including the definition of “employee” in NJWHL,  N.J.S.A. § 34:11-4.1(b).   60.  Plaintiff and the New Jersey Class Members were persons suffered or permitted to  work by Defendants as their employer.   61.  The overtime wage provisions of the NJWHL apply to Defendants and protect  Plaintiff and the New Jersey Class Members.   62.  Defendants failed to pay Plaintiff and the New Jersey Class Members overtime to  which they are entitled under the NJWHL.   63.  Defendants failed to keep, make, preserve, maintain, and furnish accurate records  of time worked by Plaintiff and New Jersey Class Members and failed to furnish to each of them  their wage and hour records showing all wages earned and due for all work performed for labor or  services rendered.   65.  Due to these violations, Plaintiff and the New Jersey Class Members are entitled to  recover from Defendants unpaid overtime, reasonable attorneys’ fees and costs of the action, and  pre-judgment and post-judgment interest. 