12.  Defendants operate a restaurant in New York, New York with the name Roxy’s  Diner.   13.  Mr. Panton became an employee of Defendant Ben Moha and Defendant 694  Enterprises Inc. d/b/a Roxy Diner in or about early September 2013 and continued working for  Defendants until Aug. 23, 2015.    14.  At all relevant times, Mr. Panton worked as a cook and as a food prep worker for  Defendants.   15.  Throughout his employment with Defendants, Mr. Panton worked 7 days per  week and approximately 72-80 hours each week.    17.  On Mondays through Thursday, Mr. Panton worked from in or about 4:00 p.m. to  close at 1:00 a.m. or later.   18.   Defendants did not maintain any electronic time-keeping system and they did not  have Plaintiff clock in or out.   19.  Upon information and belief, Defendants noted Plaintiff’s arrival and departure in  a notebook.     20.  Defendants paid Mr. Panton on an hourly basis.     21.  Mr. Panton routinely worked more than forty (40) hours in a work week  throughout his employment.     22.  Defendants did not pay any overtime premium pay to Mr. Panton at all for his  hours over 40.     23.  Upon information and belief, defendants did not pay any of their non-exempt  employees overtime premium pay when such employees worked more than 40 hours in a work  week.    24.  Defendants failed to pay Mr. Panton the required spread of hours pay for the days  when he worked a spread of hours longer than 10 in a single work day.   25.  Upon information and belief, none of the defendants’ workers were paid any  spread of hours pay when required.   27.  Defendants failed to pay Mr. Panton overtime compensation at rates of at least  one and one-half times the regular rate of pay for all hours worked in excess of forty (40) hours  in a workweek, in willful violation of the FLSA.   28.  Mr. Panton has been damaged in an amount to be determined at trial.  29.  Plaintiff repeats and realleges each and every allegation made in paragraphs 1  through 28 of this Complaint.   30.  Defendants failed to pay Plaintiff overtime compensation at rates of one and one- half times the regular rate of pay for each hour worked in excess of forty (40) hours in a  workweek, in violation of the NYLL.   31.  Defendants’ failure to pay Plaintiff at the applicable overtime hourly rate was  willful within the meaning of NYLL §198.   32.  Plaintiff has been damaged in an amount to be determined at trial.  33.  Mr. Panton repeats and realleges each and every allegation made in paragraphs 1  through 32 of this Complaint.   34.  Defendants failed to pay an additional hour of wages at the minimum wage rate on  days where Mr. Panton worked a spread of hours longer than ten.    Failure to Pay Spread of Hours Pay (12 NYCRR §142-2.4)   Violation of the Overtime Provisions of the New York State Labor Law   Violation of the Overtime Provisions of the FLSA  