18.  At all relevant times, Plaintiff and FLSA Collective Members are and have been  similarly situated, have had substantially similar job requirements and pay provisions, and are  and have been subject to Defendants’ common policies, practices, procedures and patterns with  regards to their compensation, including their willful and repeated failure to pay Plaintiff and  FLSA Collective Members overtime wages for all hours worked in excess of forty (40) per  workweek. Plaintiff’s claims stated herein are essentially the same as those of the other FLSA  Collective Members.   19.  All of the work that Plaintiff and FLSA Collective Members have performed have  been assigned by Defendants, and/or Defendants have been aware of all of the work that Plaintiff  and FLSA Collective Members have performed.   20.  Defendants are aware or should have been aware that federal law required them to  pay employees minimum wage and overtime wages for all of the hours they work.   21.  For purposes of notice and other purposes related to this collective action, the  names and contact information of FLSA Collective Members are readily available from  Defendants’ records.  23.  Excluded from the Class are Defendants’ legal representatives, officers, directors,  assigns, and successors, or any individual who has, or who at any time during the class period  has had, a controlling interest in Defendants; and all persons who will submit timely and  otherwise proper requests for exclusion from the Class.   24.  The members of the Class are readily ascertainable. The number and identity of  the Class Members are determinable from Defendants’ payroll and personnel records. The hours  assigned and worked, the positions held, and the rates of pay for each Class Member are also  determinable from Defendants’ records. For the purpose of notice and other purposes related to  this class action, their names and contact information are readily available from Defendants’  records. Notice can be provided by means permissible under Rule 23.   25.  The potential number of Class Members is so numerous that joinder of all  members is impracticable, and the disposition of their claims through this class action will  benefit both the parties and the Court. Although the precise number of Class Members is  unknown because the facts on which the calculation of that number rests presently within the  sole control of Defendants, there is little doubt that there are far more than forty (40) members of  the Class.   26.  Plaintiff’s claims are typical of those claims which could be alleged by any Class  Member, and the relief sought is typical of the relief which would be sought by each Class  Member in separate actions.   28.  Plaintiff and Class Members have all been injured in that they have been  uncompensated or under-compensated due to Defendants’ common policies, practices and  patterns of conduct. Defendants’ corporate-wide policies and practices affected all Class  Members similarly, and Defendants benefited from the same type of unfair and/or wrongful acts  as to each Class Member.   29.  Plaintiff and Class Members have all sustained similar losses, injuries and  damages arising from the same unlawful policies, practices and procedures under the NYLL.   30.  Plaintiff is able and willing to fairly and adequately protect the interests of Class  Members and have no interests antagonistic to Class Members.   31.  Plaintiff is represented by attorneys who are competent, skilled, and experienced  in both class action litigation and employment litigation and have previously represented many  plaintiffs and classes in wage and hour cases.   33.  On the other hand, important public interests will be served by addressing the  matter as a class action. The adjudication of individual litigation claims would result in a great  expenditure of judicial and public resources; however, treating the claims as a class action would  result in a significant saving of these costs. If appropriate, the Court can, and is empowered to,  fashion methods to efficiently manage this action as a class action.   34.  The prosecution of separate actions by individual Class Members would create a  risk of inconsistent and/or varying adjudications with respect to each Class Member, establishing  incompatible standards of conduct for Defendants and resulting in the impairment of Class  Members’ rights and the disposition of their interests through actions to which they were not  parties. The issues in this action can be decided by means of common, class-wide proof.   35.  Defendants and other employers throughout the state violate the NYLL. Current  employees are often afraid to assert their rights out of fear of direct or indirect retaliation. Former  employees are fearful of bringing claims because doing so can harm their employment, future  employment, and future efforts to secure employment. Class actions provide class members who  are not named in the complaint a degree of anonymity, which allows for the vindication of their  rights while eliminating or reducing these risks.   37.  Plaintiff was employed by Avis as a rental sales agent, or counter person, from on  or around July 25, 2015, until the termination of her employment on August 2, 2020.   38.  Throughout her employment with Defendants, Plaintiff worked at various Avis  rental car office locations throughout New York City.  In fact, Plaintiff generally worked at a  different rental office each day of the week.  On Sundays and Mondays, Plaintiff typically  worked at the East 64th Street location; on Tuesday she was assigned to work at the E 43rd Street  location, but would often float to various other locations; on Wednesday she would work at the  East 90th Street location; and on Saturday she generally worked at the West 43rd Street location.   In total, Plaintiff regularly worked in at least nine different Avis rental locations.        40.  Throughout the relevant period, Defendants utilized a punch clock to record  Plaintiff, FLSA Collective Members, and Class Members’ hours worked.          41.  During her employment with Avis, Plaintiff was paid on an hourly basis.  For the  first six months of her employment Plaintiff was paid $10.00 per hour.  After the first six  months, Plaintiff’s pay was increased to $10.60.  Thereafter, Plaintiff received a $1.00 raise at  the start of each year so that by the time of her termination in 2020, she was being paid $15.60  per hour.     42.  Plaintiff was required to perform multiple varied duties for Defendants.  In  addition to working at the counter, Plaintiff, and other rental sales agents, were further required  to help prepare, clean and move cars.  Due to the constant demands of the job, and the fact that  Plaintiff, and other rental sales agents were required to be available to assist customers at any  time, Plaintiff was not able to take an uninterrupted meal break lasting longer than fifteen  minutes.  Despite being completely unable to take an uninterrupted meal break, Defendants  automatically deducted a thirty-minute meal break from her, and other rental sales agents, pay  each day.   43.  Furthermore, from the start of her employment until March 2020, Defendants  only paid Plaintiff for around forty hours worked each week despite working well in excess of  forty hours.  After March 2020, Plaintiff was only paid for around thirty-three (33) hours per  week, despite the fact that her hours worked were unchanged.   45.  Throughout her employment with Defendants, Plaintiff, FLSA Collective  Members, and Class Members did not receive any notices of pay rate or pay day from  Defendants, as required under the NYLL.   46.  Throughout her employment with Defendants, Plaintiff, FLSA Collective  Members, and Class Members did not receive proper wage statements from Defendants, as  required under the NYLL.   47.  Based on Plaintiff’s observations and conversations with her co-workers at Avis,  Plaintiff, FLSA Collective Members and Class Members were subject to the same unlawful wage  and hour policies.   48.  Defendants knowingly and willfully operated their business with a policy of  failing to pay Plaintiff and Class Members for all regular hours worked, in violation of the  58.  The minimum wage and overtime provisions set forth in the FLSA, 29 U.S.C. §§  201 et seq., and the supporting federal regulations, apply to Defendants and protect Plaintiff and  FLSA Collective Members.   59.  Defendants failed to pay Plaintiff and FLSA Collective Members overtime wages  for all hours worked in excess of forty (40) per workweek, to which they are entitled under the  65.  Plaintiff realleges and incorporates by reference all allegations in all preceding  paragraphs.   66.  Defendants retaliated against Plaintiff in violation of the FLSA by adversely  altering the terms and conditions of her employment, and ultimately terminating her because she  complained of Defendants’ unlawful employment practices under the FLSA.      67.   In addition to any lost wages resulting from her discharge, as a direct and  proximate result of the unlawful discriminatory conduct in violation of the FLSA, Plaintiff has  suffered and continues to suffer mental anguish and emotional distress, including but limited to,  depression, humiliation, embarrassment, stress and anxiety, loss of self-esteem, and emotional  pain and suffering for which she is entitled to an award of monetary damages and other relief.     68.  The foregoing conduct of Defendants constitutes willful violations of the FLSA  for which Plaintiff is entitled to an award of punitive and/or liquidated damages.  69.  Plaintiff realleges and incorporates by reference all allegations in all preceding  paragraphs.   71.  Defendants failed to pay Plaintiff Class Members for all hours worked, including  overtime wages for hours worked in excess of forty (40) per week, to which they were entitled  under the NYLL and the supporting New York State Department of Labor Regulations.   72.  Defendants have failed to pay Plaintiff and the Class the spread-of-hours premium  for each day that the length of the interval between the beginning and end of their workday was  greater than ten (10) hours.   73.  Defendants failed to furnish Plaintiff and the Class with proper wage notices as  required by NYLL, Article 6, § 195(1), in English or in the language identified by each  employee as their primary language, a notice containing: the rate or rates of pay and basis  thereof, whether paid by the hour, shift, day, week, salary, piece, commission, or other;  allowances, if any, claimed as part of the minimum wage, the regular pay day; the name of the  employer; any “doing business as” names used by the employer; the physical address of the  employer's main office or principal place of business, and a mailing address if different; the  telephone number of the employer.   75.  Defendants failed to keep, make, preserve, maintain, and furnish accurate records  of time worked by Plaintiff and the Class as required by the NYLL and the supporting New York  State Department of Labor Regulations.   76.  Defendants failed to properly disclose or apprise Plaintiff and the Class of their  rights under the NYLL and the supporting New York State Department of Labor Regulations.   77.  As a result of Defendants’ willful violations of the NYLL, Plaintiff and the Class  are entitled to recover from Defendants their unpaid overtime wages, unpaid minimum wages,  unpaid spread-of-hours premium, improperly deducted wages, liquidated damages, including  liquidated damages for the late payment of wages, reasonable attorneys’ fees and costs, interests,  and other compensation in accordance with the NYLL.  78.  Plaintiff realleges and incorporates by reference all allegations in all preceding  paragraphs.   79.  Defendants retaliated against Plaintiff in violation of the NYLL by adversely  altering the terms and conditions of her employment, and ultimately terminating her because she  complained of Defendants’ unlawful employment practices under the NYLL   81.  The foregoing conduct of Defendants constitutes willful violations of the NYLL  for which Plaintiff is entitled to an award of punitive and/or liquidated damages, in addition to  compensatory damages.  RETALIATION UNDER THE NYLL   RETALIATION UNDER THE FLSA, 29 U.S.C. § 215   VIOLATION OF THE FAIR LABOR STANDARDS ACT   VIOLATION OF THE NEW YORK LABOR LAW  