18.  At all relevant times, Plaintiff STEWART and the other FLSA Collective Plaintiffs  have been and are similarly situated, have had substantially similar job requirements and pay  provisions, and have been and continue to be subjected to Defendants’ decisions, policies, plans,  programs, practices, procedures, protocols, routines, and rules—all of which have culminated in a  willful failure and refusal to pay them for all hours worked and to pay them overtime compensation  at the rate of one and one half times the regular rate for work performed in excess of forty (40)  hours per week. The claims of Plaintiff STEWART stated herein are essentially the same as those  of the other FLSA Collective Plaintiffs.    19.  The claims for relief are properly brought under and maintained as an opt-in  collective action pursuant to FLSA §216(b), 29 U.S.C. § 216(b). The FLSA Collective Plaintiffs  are readily ascertainable. For purposes of notice and other purposes related to this action, their  names and addresses are readily available from the Defendants. Notice can be provided to the  FLSA Collective Plaintiffs via first class mail to the last address known to Defendants.   20.  Plaintiff STEWART brings claims for relief pursuant to the Federal Rule of Civil  Procedure (“F.R.C.P.”) 23, on behalf of all current and former non-exempt employees, including  but not limited cooks, food preparers, cashiers, counter persons, butchers, cleaners, dishwashers,  porters, bussers, and food runners employed by Defendants on or after the date that is six (6) years  before the filing of the Complaint (the “Class” or “Class Members”).   28.  In or around March 2019, Defendants hired Plaintiff STEWART to work as a cook  for Defendants’ Leña Restaurant located inside MERCADO LITTLE SPAIN at 10 Hudson Yards,  New York, NY 10001. In or around June 2019, Plaintiff STEWART was transferred by Defendants  to work at the Spanish Diner Restaurant inside MERCADO LITTLE SPAIN. In or around June  2019, Plaintiff STEWART additionally worked approximately four shifts at the Frutas & Verduras  Kiosk inside MERCADO LITTLE SPAIN. Plaintiff STEWART worked primarily at the Spanish  Diner Restaurant for the remainder of his employment with Defendants. Plaintiff’s employment  with Defendants terminated in September 2019.      29.  From approximately March 2019 to June 2019,  Plaintiff worked five (5) days per  week for seven (7) hours per day, for a total of thirty-five (35) hours each week at an hourly rate  of $17.00.  From approximately June 2019 to September 2019, Plaintiff worked five (5) days per  week for nine (9) hours per day, for a total of forty-five (45) hours each week at an hourly rate of  $17.00. During Plaintiff STEWART’s employment with Defendants, FLSA Collective Plaintiffs,  and Class members worked similar hours and were paid at similar rates.    31.  Furthermore, at all times relevant to this action, Defendants maintained a policy of  requiring a manager’s approval to clock-in an employee five (5) minutes or more either prior to or  after the beginning of the employee’s scheduled shift. Due to this limited window of time in which  Plaintiff was able to clock-in for each of his shifts, Plaintiff would periodically require a manager’s  approval to clock-in, though Plaintiff would begin working as soon as he arrived. However, despite  Plaintiff STEWART’s efforts to timely have a manager clock him in for work, Defendants’  managers were routinely derelict in clocking Plaintiff in for his scheduled shifts. Just as often,  Defendants’ managers did not clock Plaintiff STEWART in at the time he actually arrived for his  scheduled shift and began working, but rather the time at which the manager was ultimately called  over to clock-in Plaintiff. Plaintiff STEWART was not paid for this off-the-clock work. Similarly,  FLSA Collective Plaintiffs and Class members performed off-the-clock work due to Defendants’  managers’ routine failure to timely clock-in employees, and were not compensated for this off- the-clock work.   33.  Defendants did not provide Plaintiff STEWART with wage notices, as required by  the NYLL. Similarly, FLSA Collective Plaintiffs and Class Members were never provided with  any wage notices.   34.  Defendants did not provide Plaintiff STEWART with proper wage statements at all  relevant times. Similarly, the Class members also did not receive proper wage statements, in  violation of the NYLL.   35.  Plaintiff STEWART, FLSA Collective Plaintiffs, and the Class members were  required by Defendants to perform unpaid off-the-clock work, resulting in unpaid wages and  overtime premium.   36.  Defendants knowingly and willfully operated their business with a policy of not  providing proper wage statements to Plaintiff STEWART and Class members, in violation of the  39.  Plaintiff STEWART realleges by reference all allegations in the preceding  paragraphs of this collective action Complaint as if fully set forth herein.    40.  At all relevant times, Defendants were and continue to be employers engaged in  interstate commerce and/or the production of goods for commerce within the meaning of FLSA,  29 U.S.C. §§ 206(a) and 207 (a). Further, Plaintiff and FLSA Collective Plaintiffs are covered  individuals within the meaning of the FLSA, 29 U.S.C. §§ 206(a) and 207 (a).   41.  At all relevant times, Defendants employed Plaintiff and FLSA Collective Plaintiffs  within the meaning of the FLSA.    42.  At all relevant times, Defendants had gross annual revenues in excess of  $500,000.00.   43.  At all relevant times, Defendants had a policy and practice of failing to pay wages  for all hours worked.    44.  At all relevant times, Defendants willfully violated Plaintiff’s and FLSA Collective  Plaintiffs’ rights by failing to pay them wages in the lawful amount for all hours worked, including  those in excess of forty (40) hours worked each week, due to time-shaving.   46.  Defendants failed to properly disclose or apprise Plaintiff and FLSA Collective  Plaintiffs of their rights under the FLSA.   47.  As a direct and proximate result of Defendants’ willful disregard of the FLSA,  Plaintiff and FLSA Collective Plaintiffs are entitled to liquidated (i.e., double) damages pursuant  to the FLSA.   48.  Due to the intentional, willful, and unlawful acts of Defendants, Plaintiff and FLSA  Collective Plaintiffs suffered damages in an amount not presently ascertainable of unpaid overtime  premium, and an equal amount as liquidated damages.   49.  Plaintiff and FLSA Collective Plaintiffs are entitled to an award of their reasonable  attorneys’ fees and costs pursuant to the FLSA.  50.  Plaintiff STEWART realleges by reference all allegations in the preceding  paragraphs of this collective action Complaint as if fully set forth herein.    51.  At all relevant times, Plaintiff and the Class members were employed by the  Defendants within the meaning of the New York Labor Law §§ 2 and 651.   52.  At all relevant times, Defendants had a policy and practice of refusing to pay  Plaintiff and the Class Members for all hours worked, including at the statutory rate of time and  one-half the regular rate for overtime hours worked, due to Defendants’ policy of time-shaving.   53.  Defendants willfully violated Plaintiff and the Class members’ rights by refusing  to compensate them for off-the-clock hours during which they were required to work.   55.  Defendants failed to provide a proper wage and hour notice, on the date of hiring  and annually, to all non-exempt employees, in direct violation of the New York Labor Law.   56.  Defendants failed to provide proper wage statements with every payment issued to  Plaintiff and the Class members, as required by New York Labor Law § 195(3).   57.  Due to Defendants’ New York Labor Law violations, Plaintiff and the Class  members are entitled to recover from Defendants their unpaid overtime premium, compensation  for unpaid off-the-clock hours worked, damages for unreasonably delayed payments, reasonable  attorneys’ fees, liquidated damages, statutory penalties, and costs and disbursements of this action.  VIOLATION OF THE NEW YORK LABOR LAW ON BEHALF OF PLAINTIFF AND  CLASS MEMBERS   VIOLATION OF THE FAIR LABOR STANDARDS ACT ON BEHALF OF PLAINTIFF  AND FLSA COLLECTIVE PLAINTIFFS  