(FLSA Overtime – Individual Plaintiff)   (FLSA Minimum Wage – Individual Plaintiff)   (FLSA Minimum Wage – Class)   15.  Plaintiff worked as a server for Defendant at its IHOP restaurant in Rockwall, Texas  from approximately May 2012 until approximately May 7, 2018.    16.  Defendant recruited, hired, and employed Plaintiff to work as a server in the  restaurant.    17.  At all times relevant to this action, Defendant’s gross annual volume of sales has  been between $500,000 and $1,500,000.    19.  At all times relevant to this action, Plaintiff and Class Members performed  substantially similar work for Defendant in Rockwall County, Texas. Responsibilities included  taking customers’ orders, serving food and beverages, and cleaning.    20.  Throughout the period relevant to this action, Defendant regularly required Plaintiff  and Class Members to perform “off the clock” work during most of their shifts by directing them  to work while clocked out. In addition, Defendant regularly altered Plaintiff’s and Class Members’  time records in most work weeks, deleting hours that they worked, and paying them on the basis  of the altered records reflecting reduced hours. As a result, Defendant failed to pay Plaintiff and  Class Members the required minimum wage for all hours worked.   21.  Throughout the period relevant to this action, Defendant further violated the  minimum wage provisions of the FLSA by paying Plaintiff and Class Members less than the  minimum wage of $7.25 per hour, but failing to meet the requirements to avail itself of the tip  credit provision, 29 U.S.C. § 203(m)(2).    22.  Specifically, Defendant did not provide Plaintiff or Class Members with notice of  the requirements of the tip credit provision, as required to take the tip credit under the FLSA.   24.  Furthermore, throughout the period relevant to this action, Defendant regularly  violated the overtime provisions of the FLSA. Plaintiff regularly worked in excess of 40 hours  each week. Although Plaintiff’s schedule has varied during this period, Plaintiff generally works  seven days per week, and generally works nine to ten hours per day. Class Members’ schedules  range from part time to full time, but many work or worked between 40 and 60 hours per week.    25.  In each workweek in which Plaintiff and Class Members worked in excess of 40  hours, however, they were not paid the required overtime premium of one-and-a-half times their  regular hourly rate for hours they worked in excess of 40. Instead, hours in excess of 40 were  deleted from Defendant’s time records, and Plaintiff and Class Members were not paid at all by  Defendant for these hours.     26.  At all times relevant to this action and as a matter of economic reality, Defendant  employed Plaintiff and Class Members within the meaning of the FLSA, 29 U.S.C. §§ 203(d) and  203(g). For example, at all material times, Defendant possessed the authority to hire and fire  Plaintiff and Class Members, trained and supervised them, and set policies including scheduling,  timekeeping, payroll, and disciplinary practices.     27.  At all times relevant to this action, Defendant failed to maintain complete and  accurate records of Plaintiff’s and the Class Members’ hours of work and compensation as required  by the FLSA.     29.  The above-described actions by Defendant violated Plaintiff’s right to the minimum  wage under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq., for which he is entitled to relief  pursuant to 29 U.S.C. § 216(b).   30.  The above-described actions by Defendant violated the Class Members’ right to the  minimum wage under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq., for which they are  entitled to relief pursuant to 29 U.S.C. § 216(b).   31.  The above-described actions by the Defendant violated Plaintiff’s overtime pay  rights under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq., for which he is entitled to relief  pursuant to 29 U.S.C. § 216(b). 