17.  Plaintiffs bring this action on behalf of tipped workers at the four facilities as a  collective action pursuant to the Fair Labor Standards Act, 29 U.S.C. §§ 207 and 216(b).   Plaintiffs also bring this action as a class action pursuant to Fed. R. Civ. P. 23 on behalf of  themselves and a class of all tipped workers at the four facilities for claims under New York  State law.     18.  The claims under the FLSA may be pursued by those who opt-in to this case  pursuant to 29 U.S.C. §216(b).  The claims brought pursuant to New York State law may be  pursued by all similarly-situated persons who do not opt out of the New York Class pursuant to  Fed. R. Civ. P. 23.     19.  The members of the Class are so numerous that joinder of all members is  impracticable.  While the exact number of the members of the Classes is unknown to Plaintiffs at  this time, and can only be ascertained through appropriate discovery, Plaintiffs believe there are  hundreds of individuals in the Class.     21.  Common questions of law and fact exist that predominate over any questions only  affecting Class members individually and include, but are not limited to, the following:  a.  whether Plaintiffs and the Class were entitled to receive service charges  paid to Defendant and whether the Class received them;   b.  whether Defendant has failed to pay Plaintiffs and members of the Class  all straight time and overtime compensation due to them; and  c.  whether Plaintiffs and the members of the Class were properly reimbursed  for their required purchases of uniforms.   22.  Plaintiffs will fairly and adequately protect the interests of the Class because their  interests are in alignment with those of the members of the Class.  They have no interests adverse  to the Class they seek to represent, and have retained competent and experienced counsel.    23.  The class action/collective action mechanism is superior to other available  methods for a fair and efficient adjudication of this controversy.  The damages suffered by  individual members of the Class may be relatively small when compared to the expense and  burden of litigation, making it virtually impossible for members of the Class to individually seek  redress for the wrongs done to them.   24.  Plaintiffs repeat and reallege the previous allegations as if fully set forth herein.   25.  Defendant is an “employer” engaged in interstate commerce within the meaning  of the Fair Labor Standards Act.   27.  Defendant has willfully failed to pay Plaintiffs and the Class appropriate overtime  under the Fair Labor Standards Act by not calculating the workers’ overtime properly and by not  paying them time and half for all hours worked over forty per work week.   28.  Plaintiffs and the Class are entitled to compensation for unpaid wages; an  additional equal amount as liquidated damages; and reasonable attorneys’ fees and costs and  disbursements of this action, pursuant to 29 U.S.C. § 216(b).  29.  Plaintiffs repeat and reallege the previous allegations as if fully set forth herein.   30.  Plaintiffs and the members of the Class are employees under New York law.   31.  Defendant is an employer under New York law.    32.  The “service charges” are really gratuities under New York law and must be paid  to the workers under New York Labor Law Article 6 § 196-d.    33.  Defendant unlawfully withheld and retained gratuities and portions of gratuities  that reasonable customers would believe would be distributed to members of the class.   34.  Defendant is liable to Plaintiffs and the Class in an amount to be determined at  trial plus interest, attorney’s fees and costs.  35.  Plaintiffs repeat and reallege the previous allegations as if fully set forth herein.   37.  As a result Plaintiffs and the members of the Class are entitled to restitution and  other damages to be determined.  FOR FAILURE TO PAY APPROPRIATE OVERTIME UNDER FEDERAL LAW   FOR FAILURE TO REIMBURSE WORKERS FOR COSTS OF UNIFORMS UNDER  NEW YORK LAW   FOR WITHOLDING GRATUITIES UNDER NEW YORK LAW   