1 5. Plaintiff and others similarly situated worked as employees for Sprint.  17. Plaintiff and others similarly situated had or have the primary duty of servicing wireless communication equipment for individuals and small businesses. The FLSA requires covered employers, such as Sprint, to compensate all non- exempt employees for hours worked and no less than one and one-half times the regular rate of  18. pay for work performed more than forty (40) hours per workweek. When calculating the rate of pay, it shall include all nondiscretionary compensation.  19. Sprint classified Plaintiff and all others similarly situated at all its office locations as nonexempt employees who are eligible for overtime pay under the FLSA. Regardless the Plaintiffs, and others similarly situated, primary job duties entitle them to overtime pay under the FLSA and for full compensation for hours worked.  20. Sprint provided centralized human resource, timekeeping, and payroll services for Plaintiff and others similarly situated at its offices located in Overland Park, Kansas, Georgia, Florida and Kentucky. However, regardless of location, Plaintiff and other similarly situated, routinely worked in excess of forty hours per workweek during their employment with Sprint without  21. receiving overtime compensation or their full compensation for hours worked as required under the FLSA.  22. Under its policy/practice, Sprint failed to properly pay the Plaintiff and others similarly situated overtime pay for work performed in excess of forty hours per week and their full compensation for hours worked. Instead, and as policy/practice, Sprint would routinely require Plaintiff and other similarly situated to report forty hours per work week on its time keeping systems, or Sprint would simply report these hours on their behalf in the same system and would routinely under report hours actually worked.  24. This illegal policy occurred through the weeks of Plaintiffs employment with Sprint as well as the weeks of other similarly situated employees who also routinely worked more than forty hours per workweek and routinely were underpaid for actual hours reported. On average, the Plaintiff Oliphant would work his assigned hours with overtime per week, but due to Sprint's policy/practice, was only being paid for forty hours if his work time included overtime and was not receiving any overtime pay for hours worked more than forty (40) hours per workweek. Plaintiffs co-employees at the Nebraska; Iowa and Minnesota offices were subject to this similar policy/practice.  25. Sprint was aware, or should have been aware, that Plaintiff and others similarly situated performed work that required payment of overtime compensation and full compensation for hours worked.  26. Sprint's conduct was willful and in bad faith.  27. Regardless of location, Sprint routinely suffered and permitted Plaintiff and others similarly situated to work more than forty (40) hours per week and did not correctly pay them the overtime compensation that they were due, nor did they pay them for their actual hours worked.  28. Upon information and belief, Sprint did not keep accurate records of these hours worked by Plaintiffs and other similarly situated as required by law. 29. re-allege and incorporate by reference the above paragraphs as if fully set forth herein. Plaintiffs files this action of himself and all individuals similarly situated.  31. During the applicable statutory period, Plaintiff and the FLSA Collective routinely worked in excess of forty (40) hours per workweek without receiving overtime compensation for their overtime hours worked nor full compensation for hours actually worked.  32. Sprint failed to preserve records relating to these hours worked as required by 29 36. Plaintiff, on behalf of himself and other similarly situated reallege and incorporate the preceding paragraphs by reference as if sully set forth herein. The FLSA, 29 U.S.C. §207, requires employers to pay employees one and one-  37. half times the regular rate of pay for all hours worked over forty (40) hours per workweek.  38. Sprint suffered and permitted Plaintiff and the FLSA Collective to routinely work more than forty (40) hours per week without overtime compensation.  39. Sprint's actions, policies, and/or practices as described above violate the FLSA's overtime requirement by regularly and repeatedly failing to compensate Plaintiff and the FLSA Collective at the required overtime rate.  40. Sprint knew, or showed reckless disregard for the fact, that it failed to pay these individuals overtime compensation in violation of the FLSA.  41. As the direct and proximate result of Sprint's unlawful conduct, Plaintiff and the FLSA Collective have suffered, and will continue to suffer, a loss of income and other damages. Plaintiff and the FLSA Collective are entitled to liquidated damages and attorney's fees and costs incurred in connection with this claim.  42. By failing to accurately record, report, and/or preserve records of hours worked by Plaintiff and the FLSA Collective, Sprint has failed to make, keep, and preserve records with respect to each of its employees sufficient to determine their wages, hours, and other conditions ; and practice of employment, in violation of the FLSA, 29 U.S.C. §201, et. seq.  43. The foregoing conduct, as alleged, constitutes a willful violation of the FLSA within the meaning of 29 U.S.C. §255(a) as Sprint knew, or showed reckless disregard for, the fact that its compensation practices were in violation of these laws. 45. The Plaintiff was an hourly employee and was not compensated for hours actually worked in after turning in his time the defendant would adjust the hours worked down on a regular basis to avoid overtime and regular time. DAKOTA OLIPHANT, being first sworn upon oath, deposes and states that he is the Plaintiff in the above and foregoing cause of action, has read the above Complaint, knows the allegations therein and that the same are true as he positively believes. Dakota Oliphant, PlctinW SUBSCRIBED AND SWORN TO before me this J_b_ day of J u-L/ Oliphant. ? 2018 by Dakota Notary Public' USm GENERAL NOTARY - State of Nebraska Plaintiff, on behalf of himself and others similarly situated 