18.  The Individual Defendants actively participate in the day-to-day operation  of the Restaurant.  For instance, the Individual Defendants personally hire and fire  employees, supervise and direct the work of the employees, and instruct the employees  how to perform their jobs.   19.  The Individual Defendants create and implement all crucial business  policies at the Restaurant, and make decisions concerning the number of hours the  employees work, the amount of pay that the employees are entitled to receive, and the  manner and method by which the employees are to be paid.   20.  The Corporate Defendants are associated as a single enterprise, utilizing  Plaintiff and other similarly situated employees in a fungible and interchangeable manner  ,as workers in the business operated by the Defendants.   21.  The Corporate Defendants each engaged m related activities, namely,  providing restaurant services to the general public for profit. The Corporate Defendants  shared Plaintiff and other similarly situated employees, acted in the interest of each other  with respect to employees, paid their employees by the same plan or scheme, and were  under common control.   22.  The Corporate Defendants were controlled by the same owner or owner  group, operating as a unified operation and, upon information and belief, each provided  mutually supportive services to the substantial advantage of the other such that each  entity was operationally interdependent of each other and, therefore, may be treated as a  singie enterprise.  5   23.  On or about December 19, 2014, Defendants hired Plaintiff to work as a  non-exempt food preparer/kitchen helper, porter, and handyman at the Restaurant.   24.  Neither at the time of his hire nor anytime thereafter did Defendants  provide Plaintiff with a written wage notice setting forth his regular hourly rate of pay  and his corresponding overtime rate of pay.   25.  Plaintiff continuously worked for Defendants in those capacities until on  or about March 6, 2020.   26.  Throughout the entirety of his employment, Plaintiff worked seven (7)  days per week and, although his work shift fluctuated slightly each day and week, he  typically worked twelve (12) hours per day from 8:00 a.m. until 8:00 p.m.   27.  Plaintiff was not provided with a designated meal or rest break at any time  during his daily work shift.   28.  Plaintiff was not required to punch a time clock or other time-recording  device at the beginning and end of each work shift.   29.  Throughout the entirety of his employment, Plaintiff was not paid proper  overtime compensation. Throughout the entirety of his employment, Plaintiff was paid at  the rate of $750 per week straight time for all hours worked, and worked approximately  eighty-four (84) hours per week. Work performed above forty (40) hours per week was  not paid at the statutory rate oftime and one-half as required by state and federal law.   30.  Defendants knowingly and willfully operate their business with a policy of  not paying Plaintiff and other similarly situated employees either the FLSA overtime rate  (of time and one-half), or the New York State overtime rate (of time and one-half), in  6  direct violation of the FLSA and New York Labor Law and the supporting federal and  New York State Department of Labor Regulations.   31.  Defendants knowingly and willfully operate their business with a policy of  not paying Plaintiff and other similarly situated employees a "spread of hours" premium  for each day that the length of their work shift exceeds ten (10) hours, in direct violation  of the New York Labor Law and the supporting New York State Department of Labor  Regulations.   32.  At all relevant times, upon information and belief, and during the course  of Plaintiffs employment, Defendants failed to maintain accurate and sufficient wage  and hour records.  33.  Plaintiff brings this action individually and as class representative on  behalf of himself and all other current and former non-exempt employees who have been  or were employed by Defendants since September 1, 2017 through the end of the opt-in  period as ultimately set by the Court (the "Collective Action Period"), and who were  compensated at rates less than time and one-half for all hours worked in excess of forty  ( 40) hours per workweek (the "Collective Action Members").   34.  The collective action class is so numerous that joinder of all members is  impracticable. Although the precise number of such persons is unknown, and the facts  upon which the calculation of that number are presently within the sole control of  Defendants, upon information and belief, there are more than forty ( 40) Collective Action  Members who worked for Defendants during the Collective Action Period, most of  whom would not be likely to file individual suits because they lack adequate financial  7  resources, access to attorneys, or knowledge of their claims. Therefore, Plaintiff submits  that this matter should be certified as a collective action under the FLSA, 29 U.S.C. §  216(b).   35.  Plaintiff will fairly and adequately protect the interests of the Collective  Action Members and has retained counsel that is experienced and competent in the fields  of employment law and class action litigation. Plaintiff has no interests that are contrary  to or in conflict with those members of this collective action.   36.  This action should be certified as a collective action because the  prosecution of separate actions by individual members of the class would create a risk of  either inconsistent or varying adjudications with respect to individual members of the  class, or adjudications with respect to individual members of the class that would as a  practical matter be dispositive of the interests of the other members not parties to the  adjudication, or substantially impair or impede their ability to protect their interests.  3 7.  A collective action is superior to other available methods for the fair and  efficient adjudication of this controversy, since joinder of all members is impracticable.  Furthermore,  inasmuch as the damages suffered by individual Collective Action  Members may be relatively small, the expense and burden of individual litigation make it  virtually impossible for the members of the collective action to individually seek redress  for the wrongs done to them. There will be no difficulty in the management of this action  as a collective action.   38.  Questions oflaw and fact common to the members of the collective action  predominate over questions that may affect only individual members because Defendants  8  have acted on grounds generally applicable to all members.  Among the common  questions of law and fact common to Plaintiff and other Collective Action Members are:  a.  Whether Defendants employed Plaintiff and the Collective Action  Members within the meaning of the FLSA;  b.  Whether Defendants failed to keep true and accurate wage and  hour records for all hours worked by Plaintiff and the Collective  Action Members;  c.  What proof of hours worked is sufficient where the employer fails  in its duty to maintain time records;  d.  Whether Defendants failed to pay Plaintiff and the Collective  Action Members overtime compensation for all hours worked in  excess of forty ( 40) hours per workweek, in violation of the FLSA  and the regulations promulgated thereunder;  e.  Whether Defendants' violations of the FLSA are willful as that  terms is used within the context of the FLSA; and,  f.  Whether Defendants are liable for all damages claimed hereunder,  including but not limited to compensatory, liquidated and statutory  damages, interest, attorneys' fees, and costs and disbursements.   39.  Plaintiff knows of no difficulty that will be encountered in the  management of this litigation that would preclude its maintenance as a collective action.   40.  Plaintiff and others similarly situated have been substantially damaged by  Defendants' wrongful conduct.  9  41.  Plaintiff sues on his own behalf and on behalf of a class of persons under  Rules 23(a), (b)(2), and (b)(3) of the Federal Rules of Civil Procedure.   42.  Plaintiff brings his New York Labor Law claims on behalf of all persons  who were employed by Defendants at any time since September 1, 2014 (the "Class  Period") who were non-exempt employees and who have not been paid statutory  overtime compensation in violation of the New York Labor Law (the "Class").   43.  Upon information and belief, the persons in the Class identified herein are  so numerous that joinder of all members is impracticable. Although the identity and  precise number of such persons is unknown, and the facts upon which the calculation of  that number may be ascertained are presently within the sole control of Defendants, the  Class consists of all non-managerial current and former "back of the house" employees  and, therefore, is so numerous that joinder is impracticable and most of whom would not  be likely to file individual suits because they lack financial resources, access to attorneys,  or knowledge of their claims.   44.  The claims of Plaintiff are typical of the claims of the Class, and a class  action is superior to other available methods for the fair and efficient adjudication of the  controversy, particularly in the context of wage and hour litigation, where individuals  lack the financial resources to vigorously prosecute a lawsuit in federal court against a  corporate defendant.   45.  Defendants have acted on grounds generally applicable to the Class,  thereby making appropriate final injunctive relief or corresponding declaratory relief with  respect to the Class as a whole.   46.  Plaintiff has committed himself to pursuing this action and has retained  counsel experienced in employment law and class action litigation.   47.  Plaintiff will fairly and adequately protect the interests of the NY Class  members. Plaintiff understands that, as class representative, he assumes a fiduciary  responsibility to the Class and Collective Action Members to represent their interests  fairly and adequately, and that he must consider the interests of the Class and Collective  Action Members just as he would represent and consider his own interests, and that he  may not favor his own interests over those of the Class or Collective Action Members.   48.  Plaintiff recognizes that any resolution of a class action lawsuit, including  any settlement or dismissal thereof, must be in the best interests of the Class and  Collective Action Members. Plaintiff understands that in order to provide adequate  representation, he must remain informed of litigation developments and that he may be  called upon to testify in depositions and at trial.   49.  Plaintiff has the same interests in this matter as all other members of the  Class and Plaintiffs claims are typical of the Class.   50.  There are questions of law and fact common to the Class which  predominate over any questions solely affecting the individual members of the Class,  including but not limited to:  a.  Whether Defendants employed Plaintiff and the Class members  within the meaning of the New York Labor Law;  b.  Whether Defendants failed to keep true and accurate wage and  hour records for all hours worked by Plaintiff and the Class  members;  11  c.  What proof of hours worked is sufficient where the employer fails  in its duty to maintain time records;  d.  Whether Defendants failed to pay Plaintiff and the Class members  overtime compensation for all hours worked in excess of forty ( 40)  hours per workweek, in violation of the New York Labor Law and  the regulations promulgated thereunder;  e.  Whether Defendants' violations of the New York Labor Law are  willful as that terms is used within the context of the New York  Labor Law; and,  f.  Whether Defendants are liable for all damages claimed hereunder,  including but not limited to compensatory, liquidated and statutory  damages,  interest,  costs,  attorneys'  fees,  and  costs  and  disbursements.  51.  Plaintiff re-alleges and re-avers each and every allegation and statement  contained in paragraphs "l" through "50" of this Complaint as if fully set forth herein.   52.  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 and the Collective Action Members are covered individuals within the  meaning of the FLSA, 29 U.S.C. §§ 206(a) and 207(a).  12   53.  At all relevant times, Defendants employed Plaintiff and the Collective  Action Members within the meaning of the FLSA.   54.  Upon information and belief, during each of the three (3) most recent  years relevant to the allegations herein, the Corporate Defendants each individually had  gross revenues in excess of $500,000.   55.  Upon information and belief, during each of the three (3) most recent  years relevant to the allegations herein, the Corporate Defendants jointly had gross  revenues in excess of $500,000.   56.  Plaintiff and the Collective Action Members were entitled to be paid at the  rate of time and one-half for all hours worked in excess of the maximum hours provided  for in the FLSA.   57.  Defendants failed to pay Plaintiff and the Collective Action Members  overtime compensation in the lawful amount for all hours worked in excess of the  maximum hours provided for in the FLSA.   58.  At all relevant times, Defendants had, and continue to have a policy and  practice of refusing to pay overtime compensation at the statutory rate of time and one- half to Plaintiff and the Collective Action Members for all hours worked in excess of  forty ( 40) hours per work week, which violated and continues to violate the FLSA, 29  U.S.C. §§ 201 et seq., including 29 U.S.C. §§ 207(a)(l) and 215(a).   59.  Defendants knowingly and willfully disregarded the provisions of the  FLSA as evidenced by their failure to compensate Plaintiff and the Collective Action  Members at the 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  13  and that non-payment of overtime compensation would financially injure Plaintiff and the  Collective Action Members.   60.  As a result of Defendants' failure to properly record, report, credit and/or  compensate its employees, including Plaintiff and the Collective Action Members,  Defendants have 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).   61.  Defendants failed to properly disclose or appnse Plaintiff and the  Collective Action Members of their rights under the FLSA.   62.  As a direct and proximate result of Defendants' violation of the FLSA,  Plaintiff and the Collective Action Members are entitled to liquidated damages pursuant  to the FLSA.   63.  Due to the reckless, willful and unlawful acts of Defendants, Plaintiff and  the Collective Action Members suffered damages in an amount not presently  ascertainable of unpaid overtime compensation, an equal amount as liquidated damages,  and prejudgment interest thereon.   64.  Plaintiff and the Collective Action Members are entitled to an award of  their reasonable attorneys' fees, costs and expenses, pursuant to 29 U.S.C. § 216(b).  65.  Plaintiff re-alleges and re-avers each and every allegation and statement  contained in paragraphs "l" through "64" of this Complaint as if fully set forth herein.  14   66.  Defendants employed Plaintiff and the Class members within the meaning  of New York Labor Law§§ 2 and 651.   67.  Defendants knowingly and willfully violated the rights of Plaintiff and the  Class members by failing to pay them overtime compensation at the rate of time and one- half for each hour worked in excess of forty ( 40) hours in a workweek.   68.  Employers are required to pay a "spread of hours" premium of one (1)  additional hour's pay at the statutory minimum hourly wage rate for each day where the  spread of hours in an employee's workday exceeds ten (10) hours. New York State  Department of Labor Regulations§ 146-1.6.   69.  Defendants knowingly and willfully violated the rights of Plaintiff and the  Class by failing to pay "spread of hour" premiums to Plaintiff and the Class for each day  their work shift exceeded ten (10) hours pursuant to New York State Department of  Labor Regulations.   70.  Defendants failed to properly disclose or apprise Plaintiff and the Class of  their rights under the New York Labor Law.   71.  Defendants failed to furnish Plaintiff and the Class with a statement with  every payment of wages listing their gross wages, deductions and net wages, in  contravention of New York Labor Law § 195(3) and New York State Department of  Labor Regulations§ 146-2.3.   72.  Defendants failed to keep true and accurate records of hours worked by  each employee covered by an hourly minimum wage rate, the wages paid to all  employees, and other similar information in contravention of New York Labor Law §  661.  15   73.  Defendants failed to establish, maintain, and preserve for not less than six  (6) years payroll records showing the hours worked, gross wages, deductions, and net  wages for each employee, in contravention of the New York Labor Law § 194( 4), and  New York State Department of Labor Regulations§ 146-2.1.   74.  Neither at the time of their hiring, nor anytime thereafter, did Defendants  notify Plaintiff and the Class members in writing of their regular and overtime rates of  pay and their regularly designated payday, in contravention of New York Labor Law §  195(1 ).   75.  Due to the Defendants' New York Labor Law violations, Plaintiff and the  Class are entitled to recover from Defendants their unpaid overtime compensation,  unpaid "spread of hours" premiums, reasonable attorneys' fees, and costs and  disbursements of this action, pursuant to New York Labor Law§§ 663(1), 198.   76.  Plaintiff and the Class members are also entitled to liquidated damages  pursuant to New York Labor Law§ 663(1), as well as statutory and liquidated damages  pursuant to the New York State Wage Theft Prevention Act.  [Violation of th~ Fair Labor Standards Act]   [Violation of the New York Labor Law]  