39.  Plaintiffs re-allege and re-aver each and every allegation and statement  contained in paragraphs above of this Complaint as if fully set forth herein.   40.  At all relevant times, upon information and belief, Defendants were and  continue to be an employer engaged in interstate commerce and/or the production of goods for  commerce within the meaning of the FLSA, 29 U.S.C. §§ 206(a) and 207(a). Further, Plaintiffs  and the Proposed FLSA Collective members are covered individuals within the meaning of the  53.  Plaintiffs re-allege and re-aver each and every allegation and statement  contained in paragraphs above of this Complaint as if fully set forth herein.   54.  Defendants employed Plaintiffs within the meaning of New York Labor  Law §§ 2 and 651.   55.  Defendants knowingly and willfully violated the rights of by failing to pay  Plaintiffs the applicable minimum wage for all straight time hours worked and required  overtime compensation at the rate of time and one-half for each hour worked in excess of forty  (40) hours in a workweek.   56.  Employers are required to pay a "spread of hours" premium of one (1)  additional hour' s pay at the statutory minimum hourly wage rate for each day where the  spread of hours in an employee's workday exceeds ten (10) hours. New York State Department  of Labor Regulations § 146-1.6.   58.  Defendants failed to furnish Plaintiffs with a statement with every payment  of wages listing gross wages, deductions and net wages, in contravention of New York Labor  Law § 195(3) and New York State Department of Labor Regulations § 146-2.3.   59.  Defendants failed to keep true and accurate records of hours worked by each  employee covered by an hourly minimum wage rate, the wages paid to all employees, and other  similar information in contravention of New York Labor Law § 661.   60.  Defendants failed to establish, maintain, and preserve for not less than six  (6) years payroll records showing the hours worked, gross wages, deductions, and net wages  for each employee, in contravention of the New York Labor Law § 194(4), and New York  State Department of Labor Regulations § 146-2.1.   61.  At the time of their hiring, Defendants failed to notify Plaintiffs of their  rates of pay and their regularly designated payday, in contravention of New York Labor Law  § 195(1).   62.  Due to the Defendants' New York Labor Law violations, Plaintiffs are entitled  to recover from Defendants the difference between their actual wages and the amounts that  were owed under the New York Labor law. The deficiency accounts for minimum wage for all  straight time hours, overtime compensation for all overtime hours, "spread of hours" premium,  reasonable attorneys' fees, and costs and disbursements of this action, pursuant to New York  Labor Law§§ 663(1), 198.   63.  Plaintiffs are also entitled to liquidated damages pursuant to New York Labor  Law§ 663(1), as well as civil penalties and/or liquidated damages pursuant to the New York  State Wage Theft Prevention Act.  64.  Plaintiffs re-allege and re-aver each and every allegation and statement  contained in paragraphs above of this Complaint as if fully set forth herein.   65.  Defendants have willfully failed to supply Plaintiffs with wage notices, as  required by NYLL, Article 6, § 195(1), in English or in the language identified by Plaintiffs as  their primary language, containing Plaintiffs’ rate or rates of pay and basis thereof, whether  paid by the hour, shift, day, week, salary, piece, commission, or other; hourly rate or rates of  pay and overtime rate or rates of pay if applicable; the regular pay day designated by the  employer in accordance with NYLL, Article 6, § 191; the name of the employer; any "doing  business as" names used by the employer; the physical address of the employer's main office or  principal place of business, and a mailing address if different; the telephone number of the  employer; plus such other information as the commissioner deems material and necessary.   66.  Through their knowing or intentional failure to provide Plaintiffs with the  wage notices required by the NYLL, Defendants have willfully violated NYLL, Article 6, §§  190 et seq., and the supporting New York State Department of Labor Regulations.   67.  Defendants have willfully failed to supply Plaintiffs with accurate statements  of wages as required by NYLL, Article 6, § 195(3), containing the dates of work covered by  that payment of wages; name of employee; name of employer; address and phone number of  employer; rate or rates of pay and basis thereof, whether paid by the hour, shift, day, week,  salary, piece, commission, or other; gross wages; hourly rate or rates of pay and overtime rate  or rates of pay if applicable; the number of hours worked, including overtime hours worked if  applicable; deductions; and net wages.   69.  Due to Defendants' willful violations of NYLL, Article 6, § 195(1), are  entitled to statutory penalties of fifty dollars each day that Defendants failed to provide  Plaintiffs with wage notices, or a total of five thousand dollars each, reasonable attorneys' fees,  costs, and injunctive and declaratory relief, as provided for by NYLL, Article 6, § 198(1-b).   70.  Due to Defendants’ willful violations of NYLL, Article 6, § 195(3), Plaintiffs  are entitled to statutory penalties of two hundred fifty dollars for each workweek that  Defendants failed to provide Plaintiffs with accurate wage statements, or a total of five  thousand dollars each, reasonable attorneys' fees, costs, and injunctive and declaratory relief, as  provided for by NYLL, Article 6, § 198(1-d). 