12.  Plaintiff seeks to prosecute the FLSA claim as an “opt-in” collective action on  behalf of all persons who are or were employed by Best Budz as technicians in Colorado at any  time in the last three (3) years through the date of entry of judgment in this case and (i) were not  paid minimum wage for all hours worked (“Minimum Wage Collective”); and/or (ii) were not paid  overtime for all hours worked, or were not paid at an appropriate rate of pay for hours worked, in  excess of forty (40) in a workweek (“Overtime Collective”). The Minimum Wage Collective and  Overtime Collective are referred to herein collectively as the “Collectives.”   13.  Plaintiff will fairly and adequately protect the interests of the members of the  Collectives and has retained counsel who are experienced and competent in the fields of wage and  hour law and class action litigation. Plaintiff has no interest contrary to or in conflict with the  members of this collective action.   14.  The members of the Collectives are similarly situated because, among other things,  they were all victims of the same company-wide policies and procedures that failed to pay them  all the wages to which they are entitled under the FLSA.  16.  Plaintiff brings her Colorado state law claim on behalf of all persons who were  employed by Best Budz in Colorado at any time in the last three (3) years through the date of the  entry of judgment in this case who hold or held the position of technician (regardless of actual job  title) and (i) were not paid minimum wage for all hours worked (“Minimum Wage Class”); and/or  (ii) were not paid overtime for all hours worked, or were not paid at an appropriate rate of pay for  hours worked, in excess of 40 in a workweek or 12 hours in a work day (“Overtime Class”). The  Minimum Wage Class and the Overtime Class are referred to herein collectively as the “Colorado  Classes.”   17.  The members of the Colorado Classes are so numerous that joinder of them is  impracticable. Although the precise number of such persons is unknown, and the facts on which  the calculation of that number are presently within the sole control of Best Budz, upon information  and belief, there are at least 20 members of the Colorado Classes.   18.  Plaintiff’s claims are typical of the claims of the members of the Colorado Classes.  Plaintiff performed the same job as the members of the Colorado Classes; Best Budz paid Plaintiff  and the members of the Colorado Classes pursuant to the same policies and procedures; and  Plaintiff and the members of the Colorado Classes were victims of the same wrongful conduct in  which Best Budz engaged in violation of the Colorado Wage Order.   20.  Best Budz has acted or refused to act on grounds generally applicable to all  members of the Colorado Classes, thereby making appropriate final injunctive relief or  corresponding declaratory relief with respect to the Colorado Classes as a whole.   21.  Plaintiff is committed to pursuing this action and has retained competent counsel  who are experienced in wage and hour law and class action litigation.   22.  Plaintiff will fairly and adequately protect the interests of the members of the  Colorado Classes.   24.  Plaintiff began her employment with Best Budz as a technician in or around  February 2016 and has worked for Best Budz in that capacity on four (4) separate occasions in the  intervening three and one-half years.    25.  More specifically, Plaintiff was employed by Best Budz for approximately two  months in early 2016 (“Block One”); approximately eight months in 2017 (“Block Two”);  approximately six months in 2018 (“Block Three”); and (thus far) approximately one and one-half  months in 2019 (“Block Four”). Plaintiff voluntarily ended Blocks One, Two, and Three for  alternative employment outside the State of Colorado. She is presently employed with Best Budz  and intends to so remain.    27.  Best Budz paid certain technicians, including Plaintiff during Blocks Three and  Four, “under the table” in cash at the end of each week. By way of example, Plaintiff is paid  approximately $480 in cash for each workweek. Upon information and belief, inadequate time and  payroll records are and have been kept.   28.  Certain of Best Budz’s technicians were classified as W-2 employees; others were  classified as 1099 independent contractors. During Block One, for example, Plaintiff was classified  as a W-2 employee. During Block Two, Defendants changed Plaintiff’s classification from  employee to 1099 independent contractor. During Blocks Three and Four, Plaintiff was classified  as a 1099 independent contractor. Plaintiff’s job duties did not meaningfully change between her  status as an employee and as an independent contractor.    29.  Best Budz and its purported independent contractors have no written independent  contractor agreements in effect. Under applicable law, such technicians should be, and should have  been, classified as employees.   30.  Whether classified as employees or (wrongly) as independent contractors,  technicians are non-exempt under the FLSA and the Colorado Wage Order.   32.  Best Budz has in place an inadequate timekeeping method for tracking and  recording the time its technicians spend working.   33.  Throughout all relevant time periods, Best Budz failed to maintain accurate and  sufficient time records and strategically endeavored to maintain opacity in its pay practices.    34.  Mr. Ringstrom frequently admitted that his operations, including his pay practices,  were designed to minimize the taxes Best Budz paid.    35.  Mr. Ringstrom stated that he would only pay technicians for 40 hours per workweek  regardless of how many hours he directed them to work. In fact, Mr. Ringstrom instructed  technicians to keep track of and report to him how many hours they worked. Despite knowing that  technicians, including Plaintiff, worked well over 40 hours per workweek, Mr. Ringstrom only  would pay them—usually in cash—for 40 hours at a regular (not overtime) rate of pay. In the past,  Mr. Ringstrom would occasionally pay Plaintiff for hours worked over 40 per workweek, but this  was inconsistent and was paid at straight-time, not overtime, rates.   36.  On information and belief, all technicians, whether classified as employees or  (wrongly) as independent contractors, are paid for only 40 hours per workweek and at a regular  rate of pay.   37.  Defendants’ violations of the FLSA and the Colorado Wage Order are willful. Mr.  Ringstrom is well aware of Best Budz’s legal obligation to pay overtime compensation because he  actively created schemes to avoid doing so.   39.  At all relevant times, Best Budz has been, and continues to be, an employer engaged  in interstate commerce within the meaning of the FLSA.   40.  At all relevant times, Mr. Ringstrom has been, and continues to be, an employer  engaged in interstate commerce within the meaning of the FLSA.   41.  At all relevant times, Defendants employed and/or continue to employ Plaintiff and  each of the members of the Collectives within the meaning of the FLSA.   42.  At all relevant times, on information and belief, Best Budz has had gross annual  revenues exceeding $500,000.   43.  At all relevant times, Best Budz had a uniform policy and practice of failing to pay  technicians for all hours worked, of failing to compensate them at the appropriate minimum wage,  and of failing to pay overtime compensation for all overtime hours at one and one-half their  respective proper regular rates of pay.   44.  As a result of Best Budz’s willful failure to properly compensate its employees  (whether classified as employees or independent contractors), including Plaintiff and the  Collective members, Best Budz has violated, and continues to violate, the FLSA.   45.  Best Budz has failed to make, keep, and preserve records with respect to each of its  employees and wrongly-classified independent contractors sufficient to determine the wages,  hours, and other conditions and practices of employment in violation of the FLSA.   46.  The foregoing conduct, as alleged, constitutes a willful violation of the FLSA  within the meaning of 29 U.S.C. § 255(a).   48.  The FLSA opt-in form of Plaintiff is attached as Exhibit 1.  49.  All preceding paragraphs are incorporated herein.   50.  At all relevant times, Plaintiff and the members of the Colorado Classes were  employed (whether as employees or independent contractors) by Best Budz within the meaning of  the Colorado Wage Order.   51.  Best Budz is covered under the Colorado Wage Order as it is a retail and service  entity.   52.  Best Budz violated the Colorado Wage Order by failing to pay technicians for all  hours worked at the minimum wage prescribed by the Colorado Wage Order, by failing to properly  calculate overtime hours, and by failing to pay overtime compensation at the rates required.   COLORADO WAGE ORDER  CLASS ACTION AGAINST BEST BUDZ   FAIR LABOR STANDARDS ACT   COLLECTIVE ACTION AGAINST ALL DEFENDANTS  