10.  Defendant has intentionally, willfully, and repeatedly engaged in a pattern,  practice, and/or policy of violating the FLSA with respect to Named Plaintiff and the FLSA  collective. This pattern, practice, and/or policy includes, but is not limited to:  a. willfully failing to pay Named Plaintiff and the members of the FLSA  Collective overtime compensation for the hours they worked in excess of 40 hours  in a given week.   12.  Named Plaintiff and members of the FLSA Collective all perform or performed  the same primary duties.     13.  Defendant’s unlawful conduct has been widespread, repeated, and consistent.  14.   While working for Defendant, Named Plaintiff and other similarly situated  employees were regularly required to perform work for Defendant, without receiving proper  overtime compensation, as required by applicable federal law.   15.   Named Plaintiff worked for Defendant as an LPN from approximately September  2009 until April 2017.    16.  Named Plaintiff typically worked five (5) shifts per week, from approximately  7:30 a.m. to 4:00 p.m.  Although she was supposed to receive a one (1) hour lunch break, Named  Plaintiff worked through all or part of her lunch break.    17.   Defendant automatically deducted one (1) hour of pay from Named Plaintiff’s  wages for every shift she worked for a “lunch break,” even though Named Plaintiff did not take  all or part of her lunch break.   18.   Accordingly, Named Plaintiff worked approximately 42.5 hours per week, but  was only paid for 37.5 hours per week.    19.  Named Plaintiff was thus not paid time and one half her regular hourly wage for  all the hours she worked over 40 in any given week.   21.  Named Plaintiff and members of the FLSA collective are all victims of the  Defendant’s common policy and/or plan to violate the FLSA by failing to provide overtime  wages, at the rate of one and one half times the regular rate of pay, for all time worked in excess  of forty (40) hours in any given week.  22.  Named Plaintiff repeats and re-alleges the allegations set forth above.   23.  Pursuant to the Fair Labor Standards Act (“FLSA”), 29 U.S.C § 207, “no  employer shall employ any of their employees who in any workweek is engaged in commerce or  in the production of goods for commerce, or is employed in an enterprise engaged in commerce  or in the production of goods for commerce, for a workweek longer than forty hours unless such  employee receives compensation for their employment in excess of the hours above specified at  a rate not less than one and one-half times the regular rate at which he is employed.”    24.  Further, pursuant to 29 U.S.C. § 203(d), an “employer” includes “any person  acting directly or indirectly in the interest of an employer in relation to an employee and includes  a public agency, but does not include any labor organization (other than when acting as an  employer) or anyone acting in the capacity of officer or agent of such labor organization.”   26.  Defendant is an “employer,” within the meaning contemplated in the FLSA, 29  U.S.C. § 203(d), and, consequently, are liable for violations of FLSA.   27.  Defendant failed to pay Named Plaintiff and members of the FLSA collective all  earned overtime wages, at the rate of one and one half times the regular rate of pay, for the time  in which they worked after the first 40 hours in any given week.   28.  The failure of Defendant to pay Named Plaintiff and members of the FLSA  collective their rightfully owed wages and overtime compensation was willful.   29.  By the foregoing reasons, Defendant is liable to Named Plaintiff and members of  the FLSA collective in an amount to be determined at trial, plus interest, attorneys’ fees and  costs.  WHEREFORE, Named Plaintiff, individually and on behalf of all other persons  similarly situated, demands judgment:   (1)   on the first cause of action against Defendant, in an amount to be determined at  trial, plus liquidated damages in the amount equal to the amount of unpaid wages, interest,  attorneys' fees and costs; and  (2)  such other and further relief as this Court may deem just and proper.   Dated: New York, New York  June 7, 2017  8.  This action is properly maintainable as a collective action pursuant to the FLSA,  29 U.S.C. § 216(b).   9.  This action is brought on behalf of Named Plaintiff and a putative collective  consisting of similarly situated employees who worked for Defendant as nurses, including but  not limited to LPNs and RNs on or after June 7, 2014, who elect to opt-in to this action (“FLSA  Collective”).   FLSA OVERTIME WAGE COMPENSATION  