15.  Demark is a professional consulting and engineering firm that provides technical and  support services for all aspects of the Power (Fossil, Wind, Solar, Nuclear) and Petro Chemical  Industry.    16.  Demark provides expertise and support services to major projects in the power  industry across the United States.1   1   http://demarkinc.com/projects/ (last visited December 5, 2017).   3   17.  Griffin was an hourly employee of Demark.     18.  Demark hired Griffin around March of 2015.    19.  Demark entered into an “Employment Agreement” with Griffin stating he would be  paid “at an hourly rate for all approved hours of $83 per hour.”     20.  Demark paid Griffin $83 per approved hour worked.   21.  Griffin left Demark’s employment near the end of May 2017.   22.  Griffin reported the hours he worked to Demark on a regular basis.    23.  Demark required Griffin to “accurately complete, sign and assist Demark in gaining  approval of [their] time records at the end of each pay period.”    24.  If Griffin worked fewer than 40 hours in a week, he would be paid only for the hours  worked.   25.  For example, in the week period ending on December 28, 2015, Griffin worked 10  hours.   26.  Griffin worked less than 40 hours in that week.    27.  For that week, Demark paid Griffin for 10 hours at his hourly rate of $83.    28.  But Griffin normally worked more than 40 hours in a week.    29.  For example, in the week period ending on April 17, 2016, Griffin worked 72 hours.   30.  For that week, Demark paid Griffin for 72 hours at his hourly rate of $83.    31.  The hours Griffin and the Putative Class Members’ worked are reflected in Demark’s  records.   32.  Demark paid Griffin at the same hourly rate for all hours worked, including those in  excess of 40 in a workweek.     33.  Rather than receiving time and half as required by the FLSA, Griffin only received  “straight time” pay for overtime hours worked.    4   34.  This “straight time for overtime” payment scheme violates the FLSA.   35.  Demark was aware of the overtime requirements of the FLSA.     36.  The Department of Labor investigated Demark and found it in violation of the FLSA.   37.  The Case ID of the Department of Labor investigation is 1816504.   38.  The Department of Labor found overtime violations related to the straight time  compensation policy for all hours worked.   39.  This is the same compensation policy used to compensate Griffin.    40.  Demark nonetheless failed to pay certain hourly employees, such as Griffin, overtime.     41.  Demark’s failure to pay overtime to these hourly workers was, and is, a willful violation  of the FLSA.   42.  Demark’s illegal “straight time for overtime” policy extends beyond Griffin.   43.  It is the “straight time for overtime” payment plan that is the “policy that is alleged to  violate the FLSA” in this FLSA collective action. Bursell v. Tommy’s Seafood Steakhouse, No. CIV.A. H- 06-0386, 2006 WL 3227334, at *3 (S.D. Tex. Nov. 3, 2006); Wellman v. Grand Isle Shipyard, Inc., No.  CIV.A. 14-831, 2014 WL 5810529, at *5 (E.D. La. Nov. 7, 2014) (certifying “straight time for  overtime” claim for collective treatment).    44.  Demark paid hundreds of hourly workers using the same unlawful scheme.   45.  Any differences in job duties do not detract from the fact that these hourly workers  were entitled to overtime pay.    46.  The workers impacted by Demark’s “straight time for overtime” scheme should be  notified of this action and given the chance to join pursuant to 29 U.S.C. § 216(b).     47.  Therefore, the class is properly defined as:  All hourly employees of Demark, Inc. who were, at any point in the past 3 years, paid  “straight time for overtime.” (the “Putative Class Members”).  5  48.  By failing to pay Griffin and those similarly situated to him overtime at one-and-one- half times their regular rates, Demark violated the FLSA’s overtime provisions.     49.  Demark owes Griffin and those similarly situated to him the difference between the  rate actually paid and the proper overtime rate.    50.  Because Demark knew, or showed reckless disregard for whether its pay practices  violated the FLSA, Demark owes these wages for at least the past three years.    51.  Demark is liable to Griffin and those similarly situated to him for an amount equal to  all unpaid overtime wages as liquidated damages.   52.  Griffin and those similarly situated to him are entitled to recover all reasonable  attorneys’ fees and costs incurred in this action.   