26.  Jedson is an “integrated engineering, procurement, and construction management  (EPCm) company[.]”1  1 https://jedson.com/about/ (last visited December 9, 2019).  4   27.  To complete its business objectives, Jedson hires personnel, such as Wiggins, to  perform construction management services.   28.  Many of these individuals worked for Jedson and were paid under Jedson’s straight  time for overtime pay scheme.   29.  These straight time for overtime workers make up the proposed Putative Class.   30.  For example, Wiggins worked for Jedson as a Construction Manager from  approximately September 2016 until February 2017.   31.  Throughout his employment, Jedson paid him the same hourly rate for all hours  worked, including those in excess of 40 in a single workweek.   32.  As a Construction Manager, Wiggins spent his time ensuring that construction projects  were completed in accordance with Jedson (or its clients’) specifications.   33.  Wiggins did not have any supervisory duties.    34.  Wiggins did not hire or fire employees.    35.  Wiggins did not exercise discretion and judgment as to matters of significant.    36.  Wiggins was a blue-collar worker.   37.  Wiggins and the Putative Class Members were required to adhere to Jedson (or its  clients’) policies and procedures.   38.  At all relevant times, Jedson maintained control, oversight, and direction of Wiggins  and the Putative Class Members, including, but not limited to, hiring, firing, disciplining, timekeeping,  payroll, and other employment practices.    39.  Likewise, Jedson (or its clients) control Wiggins and the Putative Class Members’  work.   40.  Jedson paid Wiggins and the Putative Class Members under its straight time for  overtime pay scheme.  5   41.  Wiggins and the Putative Class Members did not receive a salary.   42.  If Wiggins or the Putative Class Members worked fewer than 40 hours in a week, they  were only paid for the hours worked.   43.  Wiggins and the Putative Class Members regularly worked over 40 hours in a week.    44.  In fact, Wiggins routinely worked 72 to 84 hours per week.   45.  Wiggins’ schedule is typical of the Putative Class Members.   46.  Instead of paying overtime, Jedson paid Wiggins and the Putative Class Members the  same hourly rate for the hours he worked over 40 in a work week.    47.  Wiggins and the Putative Class Members worked in accordance with the schedule set  by Jedson and/or its clients.   48.  The hours Wiggins and the Putative Class Members worked are reflected in Jedson’s  records.   49.  Rather than receiving time and half as required by the FLSA, Wiggins and the Putative  Class Members only received “straight time” pay for the hours they worked in excess of 40 in a  workweek.   50.  Jedson’s “straight time for overtime” payment scheme violates the FLSA because it  deprives Wiggins and the Putative Class Members of overtime at a rate of 1 ½ their regular rates for  the hours they work in excess of 40 hours in a single workweek.   51.  Jedson knew Wiggins and the Putative Class Members worked more than 40 hours a  week.   52.  Jedson knew, or showed reckless disregard for whether, the Putative Class Members  were entitled to overtime under the FLSA.   53.  Nonetheless, Jedson did not pay Wiggins and the Putative Class Members overtime as  required by the FLSA.    6   54.  Jedson knew, or showed reckless disregard for whether, the conduct described in this  Complaint violated the FLSA.  55.  The illegal “straight time for overtime” pay practice that Jedson imposed on Wiggins  was likewise imposed on the Putative Class Members.   56.  Dozens of individuals were victimized by Jedson’s pattern, practice, and policy which  is in willful violation of the FLSA.   57.  Numerous other individuals who worked with Wiggins indicated they were paid in the  same manner, performed similar work, and were not properly compensated for all hours worked as  required by state and federal wage laws.   58.  Based on his experiences and tenure with Jedson, Wiggins is aware that Jedson’s illegal  practices were imposed on the Putative Class Members.   59.  The Putative Class Members were all not afforded overtime compensation when they  worked in excess of 40 hours in a week.   60.  Jedson’s failure to pay wages and overtime compensation at the rates required by state  and/or federal law result from generally applicable, systematic policies, and practices which are not  dependent on the personal circumstances of the Putative Class Members.   61.  Wiggins’ experiences are therefore typical of the experiences of the Putative Class  Members.   62.  The specific job titles or precise job locations of the Putative Class Members do not  prevent class or collective treatment.    63.  Wiggins has no interest contrary to, or in conflict with, the Putative Class Members.  Like each Putative Class Member, Wiggins has an interest in obtaining the unpaid overtime wages  owed to him under state and/or federal law.  7   64.  A collective action, such as the instant one, is superior to other available means for fair  and efficient adjudication of the lawsuit.    65.  Absent this action, many Putative Class Members likely will not obtain redress of their  injuries, and Jedson will reap the unjust benefits of violating the FLSA.   66.  Furthermore, even if some of the Putative Class Members could afford individual  litigation against Jedson, it would be unduly burdensome to the judicial system.    67.  Concentrating the litigation in one forum will promote judicial economy and parity  among the claims of individual members of the classes and provide for judicial consistency.   68.  The questions of law and fact common to the Putative Class Members predominate  over any questions affecting solely the individual members.    69.  Among the common questions of law and fact are:  a.  Whether Jedson’s decision to not pay time and a half for overtime to the  Putative Class Members was made in good faith;   b.  Whether Jedson’s violation of the FLSA was willful; and   c.  Whether Jedson’s illegal pay practices were applied uniformly across the nation  to all Putative Class Members.   70.  Wiggins’ claims are typical of the claims of the Putative Class Members.    71.  Wiggins and the Putative Class Members sustained damages arising out of Jedson’s  illegal and uniform employment policy.    72.  Wiggins knows of no difficulty that will be encountered in the management of this  litigation that would preclude its ability to go forward as a collective action.   73.  Even if the issue of damages were somewhat individual in character, there is no  detraction from the common nucleus of liability facts. Therefore, this issue does not preclude  collective and class action treatment.  8  74.  Wiggins brings his FLSA claim as a collective action under 29 U.S.C. § 216(b).   75.  Jedson violated, and is violating, the FLSA by failing to pay Wiggins and the Putative  Class Members overtime.    76.  Jedson cannot demonstrate Wiggins and the Putative Class Members are exempt from  overtime under the administrative exemption.    77.  Jedson cannot demonstrate Wiggins and the Putative Class Members are exempt from  overtime under the executive exemption.    78.  Jedson cannot demonstrate Wiggins and the Putative Class Members are exempt from  overtime under the professional exemption.    79.  Jedson cannot demonstrate Wiggins and the Putative Class Members are exempt from  overtime under the highly compensated exemption.    80.  Jedson failed to guarantee the Plaintiff and Putative Class Members a salary.    81.  Jedson failed to pay the Plaintiff and Putative Class Members overtime at the rates  required by the FLSA.    82.  Jedson paid the Plaintiff and Putative Class Members straight time for overtime.   83.  Jedson knowingly, willfully, or in reckless disregard carried out this illegal pattern or  practice of failing to pay the Putative Class Members overtime compensation.    84.  Jedson’s failure to pay overtime compensation to these employees was neither  reasonable, nor was the decision not to pay overtime made in good faith.    85.  Accordingly, Wiggins and the Putative Class Members are entitled to overtime wages  under the FLSA in an amount equal to 1.5 times their rate of pay, plus liquidated damages, attorney’s  fees and costs.  9  VIOLATIONS OF THE FLSA  