13. Upon information and belief, and at all relevant times herein, Defendants were engaged in  the business of purchasing, renting, installing, operating and managing portable toilets in the  New York tri-state area. See http://www.callahead.com.   14. At all times relevant herein, Defendants, individually and/or jointly, employed hundreds of  employees at any given time and hundreds of employees during the class period.    15. Upon information and belief, and at all times relevant herein, Plaintiff was employed by  Defendants, individually and/or jointly, from on or about July 24, 2017 to on or about  September 22, 2017.     16. At all times relevant herein, Plaintiff was employed by Defendants as a technician  transporting, lifting, installing and servicing portable toilet.     17. At all times relevant herein, Plaintiff was paid at a regular rate of $17.50 an hour.    18. During his employment with Defendants, Plaintiff reported to Defendants’ location each day  where he was given a list of jobs for the day. Plaintiff then spent approximately 12-15 hours  during the day, four to five days a week, completing the assigned work as he was required to  do by Defendants. However, in general, Plaintiff was not paid for more than ten work hours a  day. On a few occasions when Plaintiff worked a fifth day (Friday), in a work-week, he was  4 paid at 1.5 times his regular hourly rate for about 10 overtime hours worked – even though  Plaintiff worked more than 10 hours of overtime on such days.  For example, for the week  ending September 15, 2017, Plaintiff worked 54 hours 51 mins (in four days) and was only  paid for 40 hours at his regular rate. For the remaining 14 hours 51 minutes, Plaintiff was not  paid any wages including overtime wages. This example is reflective of Defendants’  payment pattern throughout Plaintiff’s employment with them and throughout the class  period with respect to Plaintiff and the putative class members.    19. At all times relevant herein, Plaintiff worked approximately 50-75 hours a week and likely  more, 4-5 days a week.    20. Plaintiff’s hours worked and wages paid will be refined after Defendants produce  employment, time and wage records it was required to keep under the FLSA and NYLL.   21. Plaintiff incorporates herein, accurate records of his time, wages and employment that  Defendants were required to keep pursuant to the FLSA and NYLL. Accurate copies of  Plaintiff’s wage and time records that Defendants were required to keep pursuant to 29 USC  211, 29 CFR 516 and NYLL 195, 12 NYCRR 142.2-6 are incorporated herein by reference.   22. At all times relevant herein and for the time Plaintiff was employed by Defendants,  Defendants failed and willfully failed to pay Plaintiff an overtime rate of one and one half  times his regular rate of pay for each and all hours worked in excess of forty hours in a week  for each week in which such overtime was worked.   23. Upon information and belief, Defendants failed to pay Plaintiff and the putative class  members at a rate of 1.5 times their regular rate for each and all overtime hours worked  (hours over 40 in a week).    24. At all times relevant herein, Defendants did not provide Plaintiff and the putative class  members with the notice(s) required by NYLL 195(1).   25. At all times relevant herein, Defendants did not provide Plaintiff and the putative class  members with the statement(s) required by NYLL 195(3) – the wage statements provided to  5 Plaintiff did not state all hours worked nor all wages earned by Plaintiff, among other  deficiencies.    26. The violations set forth herein as to Plaintiff, also apply to putative class members.   27. Upon information and belief and at all times relevant herein, Defendants, individually and/or  jointly had annual revenues and/or expenditures in excess of $500, 000. Plaintiff references  and incorporates herein, accurate copies of records of Defendants’ business volume and  revenues as well as business operations and commerce that Defendants were required to keep  and maintain under the FLSA including under 29 CFR 516.   28. Upon information and belief and at all times relevant herein, Defendants conducted business  with companies outside the State of New York.   29. Upon information and belief, and at all times relevant herein, Defendants and Plaintiff  conducted business with insurance companies outside the State of New York.    30. At all times applicable herein and upon information and belief, Defendants utilized the  goods, materials, and services through interstate commerce such as construction equipment,  materials and supplies.    31. At all times applicable herein, Defendants conducted business with vendors and other  businesses outside the State of New York.   32. Defendants as a regular part of their business, makes payment of taxes and other monies to  agencies and entities outside the State of New York.   33. Defendants as a regular part of their business, engaged in credit card transactions involving  banks and other institutions outside the State of New York.   34. At all times applicable herein and upon information and belief, Defendants utilized the  instrumentalities of interstate commerce such as the United States mail, electronic mail, the  internet and telephone systems.  6  35. Upon information and belief, and at all relevant times herein, Defendants failed to display  federal and state minimum wage/overtime posters.    36. Upon information and belief, and at all relevant times herein, Defendants failed to notify  Plaintiff of his federal and state minimum wage and overtime rights and failed to inform  Plaintiff that he could seek enforcement of such rights through the government enforcement  agencies.    37. The termination of Plaintiff’s employment with Defendants is under review and  investigation. Plaintiff may assert wrongful termination claims at a later time in a separate  action.   38. The “present” or the “present time” as used in this complaint refers to the date this complaint  was signed.  39. Plaintiff alleges on behalf of himself and all others similarly situated who opt into this action  pursuant to 29 U.S.C. § 216(b), and incorporates by reference the allegations in paragraphs 1  through 38 above as if set forth fully and at length herein.   40. The named Plaintiff has consented to be part of this action by the filing of this action on his  behalf and with his consent.   41. The FLSA cause of action is brought as a collective action on behalf of the named Plaintiff  and all others who are/were similarly situated and who file consents to opt-in to the action.  7  42. The class of similarly situated individuals as to the FLSA cause of action is defined as  current and former employees of Defendants, who 1) worked more than forty hours in a  week, within at least the three-year period, preceding the filing of this complaint; and 2) were  not paid at an overtime rate of at least 1.5 times their regular rate for each and all hours  worked in excess of forty hours in a week as also explained above.   43. Although the precise number of putative class members is unknown, and facts on which the  calculation of that number is based are presently within the sole control of Defendant, upon  information and belief, there are approximately hundreds of members of the class during the  class period.    44. The class definition will be refined as is necessary, including after discovery if necessary.   45. At all times relevant to this action, Plaintiff and all those similarly-situated, were employed  by Defendants, individually and/or jointly, within the meaning of the FLSA – 29 U.S.C 201  et Seq.   46. Upon information and belief, and at all times relevant to this action, Plaintiff and all those  similarly similarly-situated, were engaged in commerce and/or in the production of goods for  commerce and/or Defendants constituted an enterprise(s) engaged in commerce within the  meaning of the FLSA including 29 U.S.C. §§ 207(a).   47. Upon information and belief and at all times relevant herein, Defendants transacted  commerce and business in excess of $500,000.00 annually or had revenues and/or  expenditures in excess of $500,000.00 annually.   48. At all times relevant herein, Defendants, individually and/or jointly, failed and willfully  failed to pay Plaintiff, and all those similarly similarly-situated as class members, overtime  compensation at rates not less than 1.5 times their regular rate of pay for each and all hours  worked in excess of forty hours in a work week, in violation of 29 U.S.C. § 207.   8 Relief Demanded   49. Due to Defendants’ FLSA violations, Plaintiff, and all those similarly-situated, are entitled to  recover from Defendants, individually and/or jointly, their unpaid overtime wage  compensation, plus maximum liquidated damages, attorney’s fees, and costs of the action,  pursuant to 29 U.S.C. § 216(b).  50. Plaintiff alleges on behalf of himself and all others similarly situated as class members, and  incorporates by reference the allegations in paragraphs 1 through 49 above as if set forth  fully and at length herein.  51. Plaintiff sues on his own behalf and on behalf of a class of persons under Rule 23(a), (b)(2)  and (b)(3) of the Federal Rules of Civil Procedure.   52. The class of similarly-situated individuals as to the overtime cause of action under the NYLL  is defined as current and former employees of Defendants, who: 1) were employed by  Defendants within the State of New York; 2) worked more than forty hours in a week, within  at least the six-year period, preceding the filing of this complaint; and 4) not paid at an  overtime rate of at least 1.5 times their regular rate for each and all hours worked in excess of  forty hours in a week as also explained above.    53. The class definition will be refined as is necessary, including after discovery if necessary.   54. Although the precise number of putative class members is unknown, and facts on which the  calculation of that number is based are presently within the sole control of Defendants, upon  information and belief, there are hundreds of members of the class during the class period.    55. Upon information and belief, the putative class is so numerous that joinder of all members is  impracticable.  9  56. Upon information and belief, there are questions of law or fact common to the class –  whether the putative class was paid at least 1.5 times the applicable regular rate for all hours  in excess of forty in a week.   57. Upon information and belief, the claims of the representative party are typical of the claims  of the class.    58. The representative party will fairly and adequately protect the interests of the class.    59. The Defendants have acted or refused to act on grounds generally applicable to the class,  thereby making appropriate final injunctive relief or corresponding declaratory relief with  respect to the class as a whole.   60. There are questions of law and fact common to the class which predominate over any  questions solely affecting individual members of the class, including:  (a) Whether, Defendants failed and/or refused to pay the Plaintiff and the putative class  members at a rate of at least one and one half (1 ½) times their regular hourly rate for all  hours worked in excess of forty each week within the meaning of New York Minimum  Wage Act and the regulations thereunder – 12 NYCRR § 142-2.2.   61. A class action is superior to other available methods for the fair and efficient adjudication of  the controversy - particularly in the context of wage and hour litigation where individual  Plaintiffs lack the financial resources to vigorously prosecute a lawsuit in federal court  against corporate Defendants and in light of the large number of putative class members.   62. At all times relevant to this action, Plaintiff and all those similarly-situated as class members,  were employed by Defendants, individually and/or jointly, within the meaning of the New  York Labor Law, §§ 2 and 651 and the regulations thereunder including 12 NYCRR § 142.   63. At all times relevant herein, Defendants, individually and/or jointly failed to pay and  willfully failed to pay Plaintiff and all those similarly-situated as class members, overtime  compensation at rates not less than 1.5 times their regular rate of pay for each and all hours  10 worked in excess of forty hours in a work week, in violation of the New York Minimum  Wage Act and its implementing regulations. N.Y. Lab. Law §§ 650 et seq.; 12 NYCRR §  142-2.2.  Relief Demanded   64. Due to Defendants’ NYLL overtime violations, Plaintiff, and all those similarly-situated, are  entitled to recover from Defendants, individually and/or jointly, their unpaid overtime  compensation, maximum liquidated damages, prejudgment interest, attorney’s fees, and costs  of the action, pursuant to NYLL § 663(1).  65. Plaintiff alleges on behalf of himself and all others similarly situated as class members, and  incorporates by reference the allegations in paragraphs 1 through 63 above as if set forth  fully and at length herein.  66. Plaintiff sues on her own behalf and on behalf of a class of persons under Rule 23(a), (b)(2)  and (b)(3) of the Federal Rules of Civil Procedure.   67. The class of similarly-situated individuals as to the cause of action for NYLL 195(1) and  NYLL 195(3) violations is defined as current and former employees of Defendants who: 1)  were not provided with the notice(s) required by NYLL 195(1), or 2) were not provided with  the statement(s) required by NYLL 195(3).    68. The class includes but is not limited to employees who did not receive wage statements,  employees who received wage statements but whose wage statements did not reflect all hours  worked or all wages earned, and employees who did not receive the required wage notices  setting forth the regular and overtime rate of pay among other information.    69. The class definition will be refined as is necessary, including after discovery if necessary.  11  70. Although the precise number of putative class members is unknown, and facts on which the  calculation of that number is based are presently within the sole control of Defendants, upon  information and belief, there are hundreds of members of the class during the class period.    71. Upon information and belief, the putative class is so numerous that joinder of all members is  impracticable.   72. Upon information and belief, there are questions of law or fact common to the class – (a)  whether Defendants, individually and/or jointly, failed to provide Plaintiff with the notice(s)  required by NYLL 195(1), and (b) whether Defendants failed to provide Plaintiff and the  putative class with the statement(s) required by NYLL 195(3).   73. Upon information and belief, the claims of the representative party are typical of the claims  of the class.    74. The representative party will fairly and adequately protect the interests of the class.    75. The Defendants, individually and/or jointly, have acted or refused to act on grounds  generally applicable to the class, thereby making appropriate final injunctive relief or  corresponding declaratory relief with respect to the class as a whole.   76. There are questions of law and fact common to the class which predominate over any  questions solely affecting individual members of the class, including:  (a) whether Defendants failed to provide Plaintiff with the notice(s) required by NYLL  195(1), and whether Defendants failed to provide Plaintiff and the putative class with the  statement(s) required by NYLL 195(3).   77. A class action is superior to other available methods for the fair and efficient adjudication of  the controversy - particularly in the context of wage and hour litigation where individual  plaintiffs lack the financial resources to vigorously prosecute a lawsuit in federal court  against corporate Defendant and in light of the large number of putative class members.  12  78. At all times relevant to this action, Plaintiff and all those similarly-situated as class members,  were employed by Defendants, individually and/or jointly, within the meaning of the New  York Labor law, §§ 190 et seq., including §§ 191, 193, 195 and 198.   79. At all times relevant herein, Defendants, individually and/or jointly, failed and willfully  failed to provide Plaintiff and the class members with the notice(s) required by NYLL 195(1)  – Plaintiff and the class are therefore entitled to and seeks to recover in this action the  maximum recovery for this violation, plus attorneys’ fees and costs pursuant to NYLL 198  including NYLL 198(1-b), as well as an injunction directing Defendants to comply with  FAIR LABOR STANDARDS ACT - 29 U.S.C 201 et Seq. (Overtime)   NYLL § 190, 191, 193, 195 and 198   NYLL 650 et Seq. (Unpaid Overtime)  