14.  Plaintiff seeks to bring this suit to recover from Defendants unpaid minimum  wage, overtime compensation, and liquidated damages pursuant to the applicable provisions of  the FLSA, 29 U.S.C. § 216(b), on his own behalf as well as those in the following collective  action:  5  Current and former employees of Defendants who, during the  applicable FLSA limitations period, performed any work for  Defendants as non-managerial employees who give consent to file  a claim to recover damages for: (1) overtime compensation that is  legally due to them for the time worked in excess of forty hours  per week; and/or (2) minimum wages that are legally due to them  for the time worked in excess of forty hours per week (“FLSA  Plaintiffs”).   15.  Defendants treated Plaintiff and all FLSA Plaintiffs similarly in that Plaintiff and  all FLSA Plaintiffs: performed similar tasks, as described in the “Background Facts” section  below; were subject to the same laws and regulations; were paid in the same or similar manner;  were required to work in excess of forty hours each workweek; were not permitted to record all  of their hours worked; were not paid at an amount equal to the minimum hourly required rate of  pay for each hour worked in excess of forty for every week worked; and were not paid the  required one and one-half times their respective regular rates of pay for all hours worked per  workweek in excess of forty.   16.  At all relevant times, Defendants are and have been aware of the requirements to  pay Plaintiff and all FLSA Plaintiffs at an amount equal to the minimum hourly required rate of  pay per hour for all hours worked, as well as the rate of one and one-half times their respective  regular rates of pay for all hours worked each workweek above forty, yet they purposefully and  willfully chose not to do so.   17.  Thus, all FLSA Plaintiffs are victims of Defendants’ pervasive practice of  willfully refusing to pay their employees overtime compensation for all hours worked per  workweek above forty, or at the minimum wage rate for each hour worked.  6  18.  In addition, Plaintiff seeks to maintain this action as a class action pursuant to  FRCP 23(b)(3), on his own behalf, as well as on behalf of those who are similarly-situated who,  during the applicable statutory period, Defendants subjected to violations of the NYLL and  29.  Defendant Zarboutis controls, owns, operates, and makes all managerial  decisions, including the manner of compensating employees and the hours that the Defendants  require their employees to work.   30.  Defendant Zarboutis has final say over all managerial decisions and exercises that  authority on a daily basis with respect to Defendant Diner.   31.  Defendant Diner is a diner located at 4420 Sunrise Highway, Massapequa, New  York 11758.   32.  Plaintiff’s employment at Defendant Diner spanned from in or around May 1981  until in or around September 2012, when Defendants terminated Plaintiff.   33.  Plaintiff was sixty-two years old at the time Defendants terminated him.  10   34.  Plaintiff worked for Defendants as a busboy, kitchen helper, and dishwasher, with  his principal responsibilities being to perform manual labor, cleaning, kitchen, and busboy duties  for Defendants.   35.  Throughout Plaintiff’s entire period of employment, Defendants required Plaintiff  to work, and Plaintiff did in fact work, sixty hours each week, all for Defendants’ benefit.     36.  Throughout Plaintiff’s entire employment with Defendants, Defendants paid  Plaintiff an amount totaling between approximately $420 to $470 per week for the first forty  hours that he worked each week, which amounts to regular rates of pay between approximately  $10.50 and $11.75.  Defendants did not pay to Plaintiff any compensation for hours worked  above forty each workweek.   37.  Defendants paid Plaintiff on a weekly basis with part of his compensation in cash  and the other part by check.      38.  Defendants did not record and did not permit Plaintiff, FLSA Plaintiffs, and Rule  23 Plaintiffs to record their hours worked.   39.  Defendants acted in this reckless manner in an effort to maximize their profits and  minimize labor costs.   40.  On the occasions when Defendants paid Plaintiff, Defendants intentionally did not  furnish Plaintiff with statements that accurately listed all of the following: Defendants’ telephone  number(s); Plaintiff’s regular rate of pay; Plaintiff’s overtime rate of pay; the number of hours  Plaintiff worked; and the basis for computing Plaintiff’s rates of pay.   41.  Defendants intentionally did not provide Plaintiff with a wage notice at the time  of hire or on an annual basis containing all of the following information: Plaintiff’s rate or rates  of pay and basis thereof; whether Plaintiff was paid by the hour, shift, day, week, salary, piece,  11  commission, or other; whether any allowances are claimed as part of the minimum wage,  including tip, meal, or lodging allowances; the regular pay day designated by Defendants; the  name and physical address(es) of Defendants; any “doing business as” names used by the  employer; and Defendants’ mailing address(es) and telephone number(s).     42.  Defendants temporarily closed their business on or about September 2012 for  renovations and reopened on or about December 2012.   43.  Plaintiff had been an employee at the time of that the renovations commenced.   44.  Upon completion of the renovations, Defendant Zarboutis, on behalf of Defendant  Diner, terminated Plaintiff because of his age, informing him at the time of the termination that  Plaintiff was “too old” and “must be tired” due to his age.   45.  Plaintiff was and is fully capable of performing the duties of the position.   46.  Defendants replaced Plaintiff with an individual almost twenty-five years younger  than him.  47.  Plaintiff and FLSA Plaintiffs repeat, reiterate, and re-allege each and every  allegation set forth above with the same force and effect as if more fully set forth herein.   48.  29 U.S.C. § 207(a) requires employers to compensate their employees at a rate not  less than one and one-half times their regular rate of pay for any hours worked exceeding forty in  a workweek.   49.  As described above, Defendants are employers within the meaning of the FLSA  while Plaintiff and FLSA Plaintiffs are employees within the meaning of the FLSA.  12   50.  As also described above, Plaintiff and FLSA Plaintiffs worked in excess of forty  hours each week, yet Defendants failed to compensate Plaintiff and FLSA Plaintiffs in  accordance with the FLSA’s overtime provisions.   51.  The Defendants’ actions were in willful violation of the FLSA.   52.  Plaintiff and FLSA Plaintiffs are entitled to their overtime pay for all hours  worked per week in excess of forty at the rate of one and one-half times their respective regular  rates of pay.   53.  Plaintiff and FLSA Plaintiffs are also entitled to liquidated damages, attorneys’  fees, and costs for the Defendants’ violations of the FLSA’s overtime provisions.  54.  Plaintiff and FLSA Plaintiffs repeat, reiterate, and re-allege each and every  allegation set forth above with the same force and effect as if more fully set forth herein.   55.  29 U.S.C. § 206(a) prescribes a minimum wage that employers must pay to their  employees for each hour worked.  Minimum wage under the FLSA during all relevant times  ranged from $5.85 to $7.25 per hour.   56.  As described above, Defendants are employers within the meaning of the FLSA,  while Plaintiff and FLSA Plaintiffs are employees within the meaning of the FLSA.   57.  As also described above, Defendants did not compensate Plaintiff and FLSA  Plaintiffs at the minimum hourly rate required by the FLSA for all hours worked.   58.  Defendants’ actions were willful violations of the FLSA.   59.  Plaintiff and FLSA Plaintiffs are entitled to payment at the minimum wage for  every hour they worked for Defendants pursuant to the FLSA’s minimum wage provisions.  13   60.  Plaintiff and FLSA Plaintiffs are entitled to liquidated damages, attorneys’ fees,  and costs for Defendants’ violations of the FLSA’s minimum wage provisions.  61.  Plaintiff and Rule 23 Plaintiffs repeat, reiterate, and re-allege each and every  allegation set forth above with the same force and effect as if more fully set forth herein.   62.  NYLL § 160 and the executing provisions of 12 NYCCRR § 142-2.2 require  employers to compensate their employees at a rate not less than one and one-half times their  regular rate of pay for any hours worked exceeding forty in a workweek.   63.  As described above, Defendants are employers within the meaning of the NYLL,  while Plaintiff and Rule 23 Plaintiffs are employees within the meaning of the NYLL.   64.  As also described above, Plaintiff and Rule 23 Plaintiffs worked in excess of forty  hours each week, yet Defendants failed to compensate Plaintiff and Rule 23 Plaintiffs in  accordance with the NYLL’s and NYCCRR’s overtime provisions.   65.  The Defendants’ actions were in willful violation of the NYLL and NYCCRR.   66.  Plaintiff and Rule 23 Plaintiffs are entitled to overtime pay for all hours worked  per week in excess of forty at one and one-half times their regular rates of pay.   67.  Plaintiff and Rule 23 Plaintiffs are also entitled to liquidated damages, interest,  attorney’s fees, and costs for the Defendants’ violation of the NYLL’s and NYCCRR’s overtime  provisions.  Minimum Wage Violations of the FLSA   Unpaid Overtime under the FLSA   Unpaid Overtime under the NYLL and NYCCRR  