(Fair Labor Standards Act - Unpaid Overtime)    (NJWHL/NJWPL- Unpaid Overtime)    30. The claims in this Complaint arising out of the FLSA, New Jersey Wage and  Hour Law and New Jersey Wage and Payment Law are brought by Plaintiff under Rule  23 of the Federal Rules of Civil Procedure, on behalf of himself and of a class consisting  of all similarly situated non-exempt employees (i.e. cashier, cleaning worker,  maintenance worker, care service worker, marketing and accounting clerks) who work  or have worked at King Spa for the past six years (the "Rule 23 Class").   31. The employees in the Rule 23 Class are so numerous that joinder of all  members is impracticable.   32. The size of the Rule 23 Class is at least forty (40) individuals, although the  precise number of such employees is unknown Facts supporting the calculation of that  number are presently within the sole control of defendants.   33. Defendants have acted or have refused to act on grounds generally applicable  to the Rule 23 Class, thereby malting appropriate final injunctive relief or corresponding  declaratory relief with respect to the Rule 23 Class as a whole.   35. The claims of the Plaintiff are typical of the claims of the Rule 23 Class he  seeks to represent. Plaintiff and the members of the Rule 23 Class work or have worked  for defendants within the six years prior to the filing of this action. They enjoy the same  statutory rights under the New Jersey Wage and Hour Law and New Jersey Wage and  Payment Law to be paid at the correct overtime wage for all hours worked and to keep  the gratuities they earn. Plaintiff and the members of the Rule 23 Class have sustained  similar types of damages as a result of defendants' failure to comply with the New Jersey  Wage and Hour Law and New Jersey Wage and Payment Law.   36. Plaintiff and the Rule 23 Class have all been injured in that they have been  under-compensated due to defendants' common policies, practices, and patterns of  conduct.    37. Plaintiff will fairly and adequately represent and protect the interests of the  members of the Rule 23 Class.    38. Plaintiff has retained counsel competent and experienced in wage and hour  litigation and class action litigation.   39. There is no conflict between Plaintiff and the Rule 23 Class members.    41. This action is properly maintainable as a class action under Rule 23(b)(3) of the  Federal Rules of Civil Procedure.   42. The claims in this Complaint arising out of the FLSA are brought by the  Plaintiff on behalf of himself and all similarly situated non-exempt employees (i.e.  cashier, cleaning worker, maintenance worker, care service worker, marketing and  accounting clerks) who work or have worked at King Spa within three years of the date  of the filing of this action and who elect to opt-in to this action (the "FLSA Collective").    43. The FLSA Collective consists of approximately one hundred similarly situated  current and former non-exempt employees of King Spa, who have been victims of  defendants' common policy and practices that have violated their rights under the FLSA  by, inter alia, willfully denying them overtime pay and other monies.   45. As part of their regular business practices, defendants have intentionally,  willfully, repeatedly, and in bad faith harmed Plaintiff and the FLSA Collective by  engaging in a pattern, practice, and/or policy of violating the FLSA, New Jersey Wage  and Hour Law and New Jersey Wage and Payment Law. This policy and pattern or  practice include, inter alia:   a. failing to pay employees the proper overtime pay for all hours worked over  forty;  b. failing to pay non-exempt employees one hour's pay at the minimum hourly  wage rate for each day during which employees worked more than ten  hours;   c. failing to keep accurate records of hours worked by employees as required  by the FLSA and the New Jersey Wage and Hour Law and New Jersey  Wage and Payment Law.    46. The FLSA Collective would benefit from the issuance of a court-supervised  notice of the present lawsuit and the opportunity to join the present lawsuit. Those  similarly situated employees are known to defendants, are readily identifiable by  defendants and are locatable through defendants' records. These similarly situated  employees should be notified of and allowed to opt into this action, pursuant to 29  U.S.C. § 216(b).   47. Rhee worked as a cashier throughout his time employed by defendants.    48. Working as a cashier, Rhee fell into the category of "non-exempt" employee  pursuant to the FLSA.    50. Rhee’s starting and ending times varied depending on his shift. He regularly  worked at least 9 hours a day for 6 days a week and sometimes for 7 days a week.    51. Defendants failed to compensate Rhee at one and one-half times his hourly rate  for the hours he worked in excess of forty per workweek.   52. Plaintiff repeats and realleges all foregoing paragraphs as if fully set forth  herein.    53. Defendants are required to pay Plaintiff and the FLSA Collective one and one- half (1 ½ ) times the regular rate at which Plaintiff was employed for all hours worked in  excess of forty hours in a workweek pursuant to the overtime wage provisions set forth  in the FLSA, 29 U.S.C. § 207, et seq.    54. Defendants have failed to pay Plaintiff and the FLSA Collective the overtime  wages to which they are entitled under the FLSA.    55. Defendants have willfully violated the FLSA by knowingly and intentionally  failing to pay Plaintiff and FLSA Collective overtime wages.    56. Due to defendants' violations of the FLSA, Plaintiff and the FLSA Collective  are entitled to recover their unpaid overtime wages, liquidated damages, reasonable  attorneys' fees and costs of the action, and pre-judgment and post-judgment interest.   58. Under the New Jersey Wage and Hour Law and supporting New Jersey State  Department of Labor Regulations, defendants were required to pay Plaintiff and the  Rule 23 Class one and one half (1 ½ ) times the regular rate of pay for all hours they  worked in excess of forty.    59. Defendants have failed to pay Plaintiff and the Rule 23 Class the overtime  wages to which they were entitled under the New Jersey Wage and Hour Law.    60. Defendants have willfully violated the New Jersey Wage and Hour Law by  knowingly and intentionally failing to pay Plaintiff and the Rule 23 Class overtime  wages.    61. Due to defendants' willful violations of the New Jersey Wage and Hour Law,  Plaintiff and the Rule 23 Class are entitled to recover their unpaid overtime wages,  reasonable attorneys' fees and costs of the action, liquidated damages and pre-judgment  and post-judgment interest.  