12. Employers seeking the admission of H-2A workers must first file an application for  temporary employment certification with the DOL.  20 C.F.R. § 655.130.   13. The temporary employment certification application must include a job offer, commonly  referred to as a “clearance order” or “job order,” that complies with applicable regulations  and is used in the recruitment of both U.S. and H-2A workers.  20 C.F.R. § 655.121(a)-(c).   The DOL’s regulations establish the minimum benefits, wages, and working conditions that  must be offered in order to avoid adversely affecting U.S. workers.  20 C.F.R. §§ 655.0(a)(2),  655.122 and 655.135.  The temporary employment certification application and the clearance  order serve as the employment contract between the employer and the H-2A workers.  20  C.F.R. § 655.122(q).   14. During 2019 and 2020, Defendant, Signet filed various applications to employ temporary  foreign workers through the H-2A program to perform labor in a number of different U.S.  states.   15. Three of Signet’s employment certification applications sought admission of 20 workers to  provide labor at N5344 Crossman Road in Lake Mills, Wisconsin and County Road South C,  County Road A also in Lake Mills, Wisconsin from 1) March 15, 2019 to May 31, 2019; 2)  May 1, 2019 to January 15, 2020; and 3) May 31, 2019 to January 15, 2020.  Plaintiff was  hired and employed pursuant to at least one of these temporary employment certifications.     17. Each of the clearance orders included with the temporary employment certification  applications described in Paragraphs 15 and 16 each contained a certification signed by  Defendant that the orders described the actual terms and conditions of employment and  contained all material terms and conditions of the job. These certifications are required by 20  C.F.R. § 653.501(c)(3)(viii).   19. Plaintiff and the Prospective Class Members were assigned job duties as described in  Signet’s temporary employment certifications and accompanying job orders.  Consistent with  those job descriptions, Plaintiff and Prospective Class Members never had any contact with  the livestock being raised on the various farms where their construction work was performed.     20. During each workweek they worked for Defendant in 2019 or 2020, Plaintiff and Prospective  Class Members were employed exclusively in non-agricultural work within the meaning of  the FLSA, 29 U.S.C. §203(f).  The work performed by Plaintiff and Prospective Class  Members, as described in Defendant’s clearance orders, was neither performed in the  employment of a farmer nor was it performed incidentally to--or in conjunction--with the  farming operations of any farmer.  b.  Defendant Failed to Pay Overtime Wages   21. While employed by Defendant in 2019 or 2020, Plaintiff and Prospective Class Members  routinely worked more than 40 hours per week.     22. Although Plaintiff and Prospective Class Members performed exclusively non-agricultural  work, Defendant failed to pay Plaintiff and Prospective Class Members for their work hours  in excess of 40 per week at a rate not less than one and one-half times their regular rate, in  violation of the FLSA, 29 U.S.C. § 207 and 29 C.F.R. § 780. 11.  Collective Action Allegations   24. Plaintiff and Prospective Class members all performed the same or substantially similar  construction job duties.  These job duties were those set out in Signet’s numerous temporary  labor certifications, as described in Paragraphs 15 through 19.   25. During 2019, Defendant employed hundreds of H-2A workers, including Plaintiff, and  assigned them exclusively non-agricultural construction work at job sites in at least ten  different U.S. states.  In 2020, Defendant also employed hundreds of H-2A workers to  perform non-agricultural construction labor.  Defendant failed to pay Plaintiff and other  Prospective Class Members for their work hours in excess of 40 per week at a rate not less  than one and one-half times their regular rate, in violation of the FLSA, 29 U.S.C. § 207 and  Defendant’s Participation in the H-2A Visa Program  