13.  Cory is in the business of providing the delivery of appliances, furniture, and other  merchandise to its customers.  Cory provides delivery services throughout the United States, and  in Illinois specifically, for companies such as Bob’s Discount Furniture, Ethan Allen, Rooms to  Go, Crate & Barrel, Carson Pirie Scott, and Wayfair.com.  In order to carry out this central  function, Cory purports to contract with individuals, such as Plaintiffs, to drive a delivery truck  and to deliver merchandise to customers’ homes.   14.  Cory provides delivery services in Illinois from various warehouses at which  Cory’s employees oversee and manage Defendant’s deliveries.    15.  Plaintiffs and other delivery drivers performed delivery services for Cory. In  order to receive such work, Cory required its delivery drivers to sign an agreement drafted by  Cory, which stated that they were independent contractors.   17.  Plaintiffs worked full-time for Cory, often working six to seven days per week and  12 to 16 hours per day making deliveries for Cory.  Though Plaintiffs and other class members  routinely worked more than 40 hours per week for Cory, they did not receive an overtime premium  for those hours worked over forty in a workweek.   18.  Plaintiffs, as well as the other class plaintiffs, performed work which is in the  usual course of business of Cory – i.e., they performed delivery services and Cory is engaged in  the business of providing delivery services to its customers.   20.  Cory deducted certain expenses directly from Plaintiffs’ and the other class  plaintiffs’ checks, including deductions for insurance, any related insurance claims, truck rentals,  and uniforms.   21.  Cory required Plaintiffs and other class members to provide a safety deposit to  Cory at the outset of their work relationship.  Cory did not return the safety deposit to Plaintiffs  upon their contracts terminating.   22.  When Cory determined that a delivery had been made in a manner it deemed to  be unsatisfactory (e.g., damaged goods, damage to customer property), Cory would deduct the  costs of such damage from Plaintiffs’ and the proposed class members’ pay checks.  Plaintiffs and  the proposed class could not appeal such deductions.   23.  Cory did not get Plaintiffs’ and other class members’ freely given express written  consent at the time it made deductions from their pay.   24.  The deductions taken by Cory per paycheck were not for a uniform amount, but  rather varied with each paycheck.    25.  Cory compelled Plaintiffs and other class members to incur certain other expenses  that would normally be borne by an employer, such as for workers’ compensation or similar  insurance coverage.  27.  The Illinois Class and the Nationwide Class are together referred to as the “Class.”   Plaintiffs reserve the right to redefine the Class prior to class certification, or thereafter, as  necessary.   28.  The members of the Class are so numerous that joinder of all members of the  Class is impracticable.  Plaintiffs believe that the Class numbers exceed forty (40) members.   29.  Common issues of law and fact predominate the claims of the entire Class.  Specifically, all claims are predicated on a finding that Cory misclassified its drivers as  independent contractors when they were in fact employees. In short, the claims of the named  Plaintiffs are identical to the claims of the class members.   30.  The named Plaintiffs are adequate representative of the class because all potential  plaintiffs were subject to Cory’s uniform practices and policies. Further, Plaintiffs and the Class  have suffered the same type of economic damages as a result of Cory’s practices and policies.   31.  Plaintiffs will fairly and adequately represent and protect the interests of the Class.  Plaintiffs’ counsel is competent and experienced in litigating large wage and hour class and  collective actions.   33.  Plaintiffs incorporate Paragraphs 1- 31 herein.   34.  At all relevant times, Plaintiffs and the Illinois Class were “employees” of Cory  as defined by the IWPCA.   35.  At all relevant times, Cory was an employer of Plaintiffs and the Illinois Class as  defined by the IWPCA.   36.  The IWPCA, 820 Ill. Comp. Stat. 115/9, prohibits employers from making  deductions from employees’ wages.   37.  Cory violated the IWPCA, 820 Ill. Comp. Stat. 115/9, by making unlawful  deductions from Plaintiffs and the Illinois Class’ wages.   38.  Plaintiffs, individually and on behalf of the Illinois Class, seek all reimbursement  for all unlawful deductions taken by Cory from Plaintiffs’ and the Illinois Class’ wages.  Count II  New Jersey Wage Payment Law (N.J. Stat. §§ 34:11-4.2, 24:11-4.4)  (Class Action on behalf of the Nationwide Class)  (In the alternative to Count I)   39.  Plaintiffs incorporate Paragraphs 1- 31 herein.   40.  As employees of Cory, Plaintiffs and members of the Nationwide Class are  entitled to the protections of the New Jersey Wage Payment Law (“NJWPL”).   41.  The NJWPL requires that Plaintiffs and members of the Nationwide Class receive  all wages owed.  See N.J. Stat. § 34:11-4.2.   43.  As set forth herein, Cory has misclassified Plaintiffs and members of the  Nationwide Class as independent contractors when they are actually employees under the NJWPL,  who are entitled to the protection and benefits of these laws.   44.  Cory violated the NJWPL by failing to pay Plaintiffs and members of the  Nationwide Class all their wages due, and subjecting them to wage deductions and withholdings  that are not specifically permitted by the NJWPL, including deductions for workers’  compensation, equipment rental, insurances, and other business costs of Cory.   45.  Plaintiffs and members of the Nationwide Class are entitled to damages in an  amount to be proved at trial.  Count III  New Jersey Wage and Hour Law (N.J. Stat. §§ 34:11-56a(4))  (Class Action on behalf of the Nationwide Class)   46.  Plaintiffs incorporate Paragraphs 1- 31 herein.   47.  Plaintiffs and members of the Nationwide Class are employees entitled to the  protections of the New Jersey Wage and Hour Law (“NJWHL”).   48.  Cory is an employee covered by the NJWHL.   49.  The NJWHL provides that employees who work over 40 hours in a workweek  shall receive “1 ½ times such employee’s regular hourly wage for each hour of working time in  excess of 40 hours in any week.”  N.J. Stat. § 34.11-56a4.   50.  Plaintiffs and members of the Nationwide Class routinely worked in excess of 40  hours per week without any overtime compensation.   51.  Cory fails to accurately track all hours that Plaintiffs and members of the  Nationwide Class work.   53.  Plaintiffs incorporate Paragraphs 1-31 herein.   54.  As a result of Cory’s mischaracterizing of Plaintiffs and the Nationwide Class as  “independent contractors,”  Plaintiffs and the Nationwide Class were forced to pay substantial  sums of money for work-related expenses, including but not limited to costs associated with the  purchase of worker’s compensation or similar insurance.     55.  Further, by mischaracterizing Plaintiffs and the Nationwide Class as “independent  contractors” Cory evades its own employment-related obligations, such as providing workers’  compensation coverageby illegally shifting these costs to Plaintiffs and the Nationwide Class.   56.  By misclassifying their employees as “independent contractors,” and by requiring  those employees to pay its expenses, Cory has been unjustly enriched.  Prayer for Relief  WHEREFORE, Plaintiffs request that the Court enter the following relief:  A.  Certification of this case as a class action pursuant to Fed. R. Civ.  P. 23(b)(3);  B.  Restitution for all deductions taken from Plaintiffs and the Class’  pay and all other appropriate compensatory relief;  C.  Prejudgment interest on the unpaid wages in accordance with, 815  Ill. Comp. Stat. 205/2;  D.  Statutory damages pursuant to the formula set forth in the IWPCA,  820 Ill. Comp. Stat. 115/14(a);  E.  Reasonable Attorney’s fees, costs, and interest;  F.  Any other relief to which Plaintiff and the Class members may be  entitled. 