1.  Defendants have been involved in oilfield casing services in oilfields throughout  the United States over the last three years. Defendants employ non-exempt employees to directly  and indirectly provide Defendants’ casing and other services to Defendants’ customers (“Casing  Employees” or “CEs”), but Defendants fail to provide them proper overtime as required under  the Fair Labor Standards Act, 29 U.S.C. §§ 201, et seq. (“FLSA”).    18.  Plaintiff incorporates all of the allegations previously made in this Complaint.  Plaintiff brings his collective action allegations individually and on behalf of those similarly  situated.    19.  Defendants have been involved in oilfield casing services in oilfields throughout  the Williston Basin over the last three years.  Defendant Gerald Lapp was the sole owner,  director and president of RMCC during the relevant time period. During all relevant times,  Gerald Lapp exerted operational control over RMCC’s business operations, including among  other things, making hiring and firing decisions, establishing pay rates, determining methods of  payment and compensation policies and practices, and controlling/establishing company rules.     20.  Defendants employed CEs to directly and indirectly provide Defendants’ casing  and other services to Defendants’ customers. For some types of work, Defendants paid CEs  based on the quantity of work performed. This quantity of work/piece rate basis of pay included,  but may not be limited to, payments made on a per foot of pipe laid basis for “longstring” work  (Pipe-Laid Pay) and per job basis for “short string” work (Per-Job Pay).      23.  Plaintiff and the FLSA Class Members performed the same or similar job duties.  Specifically, they all directly or indirectly helped provide Defendants’ casing and other services  to Defendants’ clients. Plaintiff and the FLSA Class Members were also subjected to the same  illegal pay provisions: The Uncounted Hours and Overtime Miscalculation Policies that  respectively failed to pay Casing Employees (1) overtime for all hours worked in excess of 40  per workweek, and (2) one-and-one-half times their regular rates of pay for all overtime hours  worked. Accordingly, the FLSA Class Members are similarly situated to Plaintiff in terms of job  duties and pay provisions.    25.  Plaintiff incorporates all allegations previously made in this Complaint.    26.  Plaintiff brings his class action on behalf of the ND Class Members.    27.  The ND Class Members are so numerous that their joinder is impracticable. While  the precise number of the ND Class Members is unknown, at least 100 Casing Employees  worked at least one workweek of more than 40 hours within the relevant statutory period in or  out of North Dakota within the past two years.    28.  Common questions of law and fact for the ND Class Members predominate over  any questions affecting any individual member, including:  a.  Whether Defendants violated applicable ND Wage Law by failing to pay the Rule  23 Class Members overtime compensation for all hours worked in excess of forty in an  individual workweek;  b.  Whether Defendants violated applicable State Wage Law by failing to incorporate  all required remuneration, including but not limited to Additional Pay, to calculate overtime for  the ND Class Members;   c.  The proper measure of damages sustained by ND Class Members;  d.  Whether Defendants should be enjoined for such violations in the future.   34.  Plaintiff and the ND Class Members are entitled to unpaid overtime in an amount  equal to one-and-one-half times the regular rate of pay for work performed in excess of 40 hours  in a workweek pursuant to the formula outlined in N.D. Admin. Code § 46-03-01-01. During the  relevant time period, Defendants violated and continue to violate ND Wage Law by employing  employees and regularly and repeatedly failing to pay employees for all hours worked and pay  overtime wages at a rate of at least one-and-a-half times their regular rates of pay.  As a direct  and proximate result of Defendants’ unlawful conduct, Plaintiff and the ND Class Members have  suffered and will continue to suffer from a loss of income and other damages.  Plaintiff and the  ND Class Members are entitled to their unpaid wages, prejudgment interest, and all costs in  bringing this action that are recoverable under North Dakota Law.    X.  ACCORDANCE WITH THE FAIR LABOR STANDARS ACT   Plaintiff Joseph McClure (“Plaintiff”) brings this collective and class action individually,  on behalf of those similarly situated, and on behalf of the proposed Rule 23 North Dakota Class  Members to recover overtime compensation from his former employers, Rocky Mountain Casing  Crews, Inc. (“RMCC”) and Gerald Lapp (collectively, “Defendants”), and in support shows as  follows:  