15.  On or about December 15, 2014, Plaintiff, Fernando Zamora, was hired by  Defendants to work as a food preparer I cook, at Defendants' Mexican restaurant, doing  business as "Ofrenda", located at 113 Seventh Avenue South, New York, New York  10014.   16.  Plaintiff, Fernando Zamora, worked for the Defendants without  interruption, beginning December 2014 and ending with his termination on or about  January 13, 2019.   17.  During Plaintiffs employment by Defendants, he worked over forty ( 40)  hours per week. Plaintiff worked six ( 6) shifts per week, and his hours ranged from fifty  (50) to more than seventy (70) hours per week.   18.  Plaintiff was not paid hourly for all hours worked, or overtime  compensation. In the beginning of his employment, Plaintiff was paid a fixed weekly  salary of $460.00. In 2015, Plaintiffs weekly pay was increased to $600.00, for all hours  worked. In 2014 and 2015, Plaintiff generally worked six (6) days per week and his hours  were 3:00 p.m. to 11:00 p.m. during weekdays and 3:00 p.m. to 12:30 a.m. on Fridays  and Saturdays; Plaintiff worked approximately fifty-two (52) hours per week.   20.  In 2017, Plaintiff's hours remained the same and his pay was changed to  $754.00 per week for cooking and an additional $15.00 per hour for preparation work,  which Plaintiff performed between 10:00 a.m. and 3:00 p.m., approximately four (4) days  per week.   21.  At all times during his employment, Plaintiff worked more than forty ( 40)  hours per week.   22.  At all times during his employment, work performed above forty ( 40)  hours per week was not paid at time and one-half Plaintiff's regular hourly rate of pay as  required by state and federal law.   23.  Plaintiff was paid his wages using two (2) weekly checks.   24.  Plaintiff worked in the kitchen; he was not a tipped employee.   25.  Defendants knowingly and willfully operated and continue to operate their  business with a policy of not paying wages for all hours worked, to the Plaintiff and other  similarly situated employees.   26.  Defendants knowingly and willfully operated and continue to operate their  business with a policy of not paying Plaintiff and other similarly situated employees  either the FLSA overtime rate (of time and one-halt), or the New York State overtime  rate (of time and one-halt), in violation of the FLSA and New York Labor Law and the  supporting federal and New York State Department of Labor Regulations.   28.  At all relevant times, upon information and belief, and during the course  of Plaintiffs employment, the Defendants failed to maintain accurate and sufficient time  records.   29.  Neither at the time of hire, nor at any time thereafter, did Defendants  provide Plaintiff with a written wage notice identifying Plaintiffs regular hourly rate of  pay and corresponding overtime rate of pay.   30.  Plaintiff normally worked in excess of forty ( 40) hours per week.   31.  At no time during his employment did Defendants provide Plaintiff with  an accurate wage statement, or other kind of receipt, with his wages, which accurately  accounted for and explained Plaintiffs hours, hourly rate, gross wages, deductions, and  net wages.  32.  Plaintiff re-alleges and re-avers each and every allegation and statement  contained in paragraphs "1" through "31" of this Complaint as if fully set forth herein.   33.  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, Plaintiff is a covered individual within the meaning of the FLSA, 29 U.S.C. §§  206(a) and 207(a).   35.  Upon information and belief, at all relevant times, Defendants have had  gross revenues in excess of five hundred thousand dollars ($500,000).   36.  Plaintiff, Fernando Zamora, was entitled to be paid at the rate of time and  one-half his regular hourly rate of pay for all hours worked in excess of the maximum  hours provided for in the FLSA.   37.  Defendants failed to pay Plaintiff and other similarly situated employees  wages for all hours worked, minimum wages, and overtime compensation in the lawful  amount for all hours worked in excess of the maximum hours provided for in the FLSA.   38.  At all relevant times, Defendants had, and continues to have a policy and  practice of refusing to pay overtime compensation at the statutory rate of time and one- half to Plaintiff for all hours worked in excess of forty ( 40) hours per work week, which  violated the FLSA, 29 U.S.C. §§ 201, et seq., including 29 U.S.C. §§ 207(a)(l) and  215(a).   39.  Defendants knowingly and willfully disregarded the provisions of the  FLSA as evidenced by their failure to compensate Plaintiff and Collective Action  Members for all hours worked, illegally not paying wages, and not paying statutory  overtime rate of time and one-half for all hours worked in excess of forty ( 40) hours per  week, when they knew or should have known such was due and that non-payment of  wages and overtime pay would financially injure Plaintiff and the Collective Action  Members.   41.  Defendants failed to make, keep and preserve records with respect to each  of its employees sufficient to determine the wages, hours and other conditions and  practices of employment in violation of the FLSA, 29 U.S.A. §§ 201, et seq., including  29 U.S.C. §§ 21 l(c) and 215(a).   42.  Records, if any, concerning the number of hours worked by Plaintiff and  the actual compensation paid to Plaintiff are in the possession and custody of the  Defendants. Plaintiff intends to obtain these records by appropriate discovery  proceedings to be taken promptly in this case and, if necessary, will then seek leave of  Court to amend this Complaint to set forth the precise amount due.   43.  Defendants failed to properly disclose or apprise Plaintiff, Fernando  Zamora, of his rights under the FLSA.   44.  As a direct and proximate result of Defendants' willful disregard of the  FLSA, Plaintiff and Collective Action Members are entitled to liquidated damages  pursuant to the FLSA.   45.  Due to the intentional, willful and unlawful acts of the Defendants,  Plaintiff suffered damages in an amount not presently ascertainable of unpaid minimum  wages and overtime compensation, an equal amount as liquidated damages, and  prejudgment interest thereon.   46.  Plaintiff and Collective Action Members are entitled to an award of his  reasonable attorneys' fees, ·costs and expenses, pursuant to 29 U.S.C. § 216(b).  48.  At all relevant times, Plaintiff was employed by Defendants within the  meaning ofNew York Labor Law§§ 2 and 651.   49.  Defendants knowingly and willfully violated Plaintiffs rights by failing to  pay Plaintiff, and illegally deducting from Plaintiff, wages for hours worked.   50.  Defendants knowingly and willfully violated Plaintiffs rights by failing to  pay Plaintiff overtime compensation at rates of not less than one and one-half times  Plaintiffs regular hourly rate of pay, for each hour worked in excess of forty (40) hours  in a workweek.   51.  Defendants knowingly and willfully violated Plaintiffs rights by failing to  pay "spread of hours" premiums to Plaintiff for each day he worked in excess of ten ( 10)  hours pursuant to New York State Department of Labor Regulations §§137-1.7; 142-2.4.   52.  At relevant times, Defendants did not provide Plaintiff and other similarly  situated employees, with a document or written statement accurately accounting for his  actual hours worked, and setting forth their hourly rate of pay, regular wage, and/or  overtime wages.   53.  Upon information and belief, this was done in order to disguise the actual  number of hours the employees worked, and to avoid paying them for their full hours  worked; and, overtime due.   54.  Defendants willfully disregarded and purposefully evaded record keeping  requirements of the New York Labor Law by failing to maintain accurate and complete  payroll records.   56.  Plaintiff re-alleges and re-avers each and every allegation and statement  contained in paragraphs "1" through "55" of this Complaint as if fully set forth herein.   57.  The New York State Wage Theft Prevention Act requires every employer  to notify its employees, in writing, among other things, of the employee's rate of pay and  regular pay day.   58.  The New York State Wage Theft Prevention Act requires every employer  to notify its employees, in writing, with every payment of wages, of the dates of work  covered, the rate of pay and basis thereof, hours worked, gross wages, deductions,  allowances, and net wages.   59.  Plaintiff was paid by two (2) weekly checks, and not provided with an  accurate wage statement as required by law.   60.  Defendants failed to comply with the notice and record keeping  requirements of the New York State Wage Theft Prevention Act and as such are liable for  civil penalties, attorneys' fees, and costs.  [Statutory Penalties Pursuant to the New York State Wage Theft Prevention Act]   [Violation of the Fair Labor Standards Act]  