11.  Lytx, pursuant to its uniform compensation policy during the calendar  year of 2015, required Plaintiff and the Class to pre-enter their hours in advance of  actually having worked them. Lytx required that employees enter the hours they  believed they would work. Lytx paid Plaintiff and the Class based on these pre- entered hours, rather than for the hours actually worked. Lytx then, during the  following pay period, “corrected” the hours in subsequent pay periods either by  supplementing employees’ checks or by withholding money for hours paid but not  previously worked.   12.  Plaintiff and many other similarly situated employees worked for Lytx  under these conditions, were non-exempt, and were forced to pre-enter their time as  described above.   13.  Lytx’s pre-clocking practice caused Plaintiff and his fellow employees  to be routinely under-paid in violation of federal and California law.     14.  Furthermore, Lytx’s practice of occasionally subtracting from  subsequently earned wages (when Lytx’s illegal practice happened to result in an  earlier over-payment), was and is tantamount to penalizing employees for Lytx’s  illegal behavior.    In other words, Lytx subtracting from employee pay was the  equivalent of having the employees reimburse Lytx for its efforts to cut down on  payroll and administrative overhead, forcing employees to finance Lytx payroll  operations in violation of, among other laws, California Labor Code Section 2802.     16.  By its actions, Defendant violated the FLSA and Plaintiff now brings a  collective action for violations of the FLSA on behalf of the COLLECTIVE  ACTION GROUP which is defined as:   All persons nationwide employed by Defendant in a non-exempt  position and who were or will be required to pre-enter their hours  worked.    17.  To the extent equitable tolling operates to toll claims by the  COLLECTIVE ACTION GROUP against the Defendants, the applicable statute of  limitations and period for calculating damages should be adjusted accordingly. The  COLLECTIVE ACTION GROUP includes all such persons, whether or not they  were paid hourly, by piece rate, by commission, by salary, or by part hourly, part  commission and/or part salary.   18.  Plaintiff brings this lawsuit on behalf of himself individually and the  COLLECTIVE ACTION GROUP as a collective action.  Defendant is engaged in  communication, business, and transmission throughout the United States and  therefore is engaged in commerce within the meaning of 29 U.S.C. section 203(b).       19.  The FLSA states that an employee must be compensated for all hours  worked, including all straight time compensation and overtime compensation. See  29 C.F.R. section 778.223 and 29 C.F.R. section 778.315.    20.  Defendant has willfully engaged in a widespread pattern and practice  of violating the provisions of the FLSA by failing to timely pay required wages.   36.  Plaintiff re-alleges and incorporates by reference all allegations set  forth in the preceding paragraphs.   37.  The FLSA requires, among other things, that employers like Lytx  timely pay their employees, like Plaintiff, wages for all hours worked.  See, e.g., 29  U.S.C. 206(a). Wages required by the FLSA are due, furthermore, on the regular  payday for the pay period covered.     38.  Lytx forced employees to pre-clock their hours, and then only paid  them for what was pre-clocked and not what was actually worked.  This resulted in  employees, like Plaintiff, routinely working hours that they were not timely paid for.    41.  Plaintiff re-alleges and incorporates by reference all allegations set  forth in the preceding paragraphs.   42.  The FLSA, at 29 U.S.C. 207, provides in relevant part that:  no employer shall employ any of his employees who in any workweek  is engaged in commerce or in the production of goods for commerce …  for a workweek longer than forty hours unless such employee receives  compensation for his employment in excess of the hours above specified  at a rate not less than one and one-half times the regular rate at which he  is employed.    43.  Overtime wages required by the FLSA are due, furthermore, on the  regular payday for the pay period covered.     44.  None of Defendant’s practices as alleged above fell within any  recognized exception to Section 207’s requirements.   45.  Plaintiff and The Collective Action Group often worked over 40 hours  in a workweek, thereby entitling them to overtime under the FLSA.   46.  However, Defendant knowingly, willfully, and intentionally failed to  timely compensate Plaintiff and The Collective Action Group all overtime wages  due and owed to them under the FLSA.   48.  Plaintiff re-alleges and incorporates by reference all allegations set  forth in the preceding paragraphs.    49.  California Labor Code, including at Sections 204 and 223, together  with the Wage Orders and the common law, provide that employees have an  immediate and vested right to receive agreed wages for work they were engaged,  suffered, and permitted to perform.   50.  Throughout the Class period, as a result of uniform policies maintained  and enforced by Lytx, the object and/or foreseeable consequence of which were to  deny such wages to Plaintiff and the Class, Lytx employed Plaintiff and the Class at  agreed wages and refused to pay such wages to Plaintiff and the Class for all hours  they worked by a multitude of unlawful practices, including but not limited to  requiring employees to pre-enter their time and receive compensation not  commensurate with the hours actually worked.   51.  Lytx at all times knew or had reason to know that Plaintiff and the Class  were performing the aforementioned work without pay and deprived Plaintiff and  the Class of wages for work performed by them.   53.  Plaintiff re-alleges and incorporates by reference all allegations set  forth in the preceding paragraphs.   54.  Labor Code Section 1197 provides that it is unlawful to pay less than  the minimum wage established by law. Throughout the Class period, Lytx repeatedly  failed to pay Plaintiff and the Class the minimum wage for all hours worked, as  required by the Wage Orders, violating the provisions of Section 1197.   55.  Labor Code Section 1194 provides that “any employee receiving less  than the legal minimum wage or the legal overtime compensation applicable to the  employee is entitled to recover in a civil action the unpaid balance of the full amount  of this minimum wage or overtime compensation, including interest thereon,  reasonable attorneys’ fees, and costs of suit.”   56.  Wages required by the California Labor Code are due, furthermore, on  the regular payday for the pay period covered.     57.  Lytx forced employees to pre-clock their hours, and then only paid  them for what was pre-clocked and not what was actually worked.  This resulted in  employees, like Plaintiff, routinely working hours that they were not timely paid for.    58.  Lytx, thus, knowingly and intentionally failed to pay their employees  the required minimum wages at the required time.   59.  As a direct result of Lytx’s unlawful wage practices, Plaintiff and the  Class have been denied full compensation for all hours worked by them, including  but not limited to minimum wages for hours worked.   61.  Plaintiff re-alleges and incorporates by reference all allegations set  forth in the preceding paragraphs.   62.  California Labor Code Section 226(a) and the Wage Orders require  Lytx to accurately itemize in wage statements all deductions from payment of wages  and to accurately report total hours worked by Plaintiff and the Class and keep the  records on file at the place of employment or at a central location in California. Lytx  knowingly and intentionally failed to comply with Section 226(a) and the Wage  Orders with respect to wage statements it provided to Plaintiff and the Class.   63.  Section 226(a) and the Wage Orders further provide that every  employer shall, semimonthly or at the time of each payment of wages, furnish each  of its employees with an accurate itemized statement in writing showing, among  other things, the applicable rate of pay, gross wages earned, total hours worked by  the employee, all deductions, net wages earned, and the inclusive dates of the period  for which the employee is paid. Moreover, the Wage Orders require Lytx to maintain  time records for each employee showing things including, but not limited to, when  the employee begins and ends each work period, meal periods, and total daily hours  worked in itemized wage statements, and must show all deductions from payment  of wages, and accurately report total hours worked by Plaintiff and the Class.   69.  Plaintiff re-alleges and incorporates by reference all allegations set  forth in the preceding paragraphs.   70.  California Labor Code Section 201 provides that if an employer  discharges an employee, the wages earned and unpaid at the time of discharge are  due and payable immediately.   71.  California Labor Code Section 202 provides that an employee is  entitled to receive all unpaid wages no later than 72 hours after an employee quits  his or her employment, unless the employee has given 72 hours’ previous notice of  his or her intention to quit, in which case the employee is entitled to his or her wages  at the time of quitting.   72.  California Labor Code Section 203 provides that if an employer  willfully fails to pay wages owed in accordance with California Labor Code Sections  201 and 202, then the wages of the employee shall continue as a penalty from the  due date, and at the same rate until paid, but the wages shall not continue for more  than thirty days.   74.  Plaintiff re-alleges and incorporates by reference all allegations set  forth in the preceding paragraphs.   75.  Plaintiff and the other Class members were sometimes required to, and  did, work in excess of eight hours per workday and/or 40 hours per week, thereby  entitling them to be timely paid overtime pay under California law.   76.   Defendant did not properly compensate Plaintiff and the other Class  members for the overtime hours they worked by virtue of their mandatory pre-clock  policy and pay structure.   77.   As a direct and proximate result of Defendants’ failure to pay Plaintiff  and the other Class members the correct overtime wages, Plaintiff and the other  Class members are entitled to recover their unpaid overtime, interest, attorneys’ fees,  liquidated damages, and costs of suit.  78.  Plaintiff re-alleges and incorporates by reference all allegations set  forth in the preceding paragraphs.   82.  Plaintiff re-alleges and incorporates by reference all allegations set  forth in the preceding paragraphs.   BY PLAINTIFF ON BEHALF OF HIMSELF AND THE COLLECTIVE  ACTION GROUP FOR VIOLATION OF THE FLSA:  FAILURE TO PAY  REQUIRED MINIMUM AND AGREED WAGES   BY PLAINTIFF ON BEHALF OF HIMSELF AND THE COLLECTIVE  ACTION GROUP FOR VIOLATION OF THE FLSA:  FAILURE TO PAY  REQUIRED OVERTIME WAGES   BY PLAINTIFF ON BEHALF OF HIMSELF AND THE CLASS FOR  VIOLATION OF THE CALIFORNIA LABOR CODE:  FAILURE TO  PROVIDE ACCURATE ITEMIZED WAGE STATEMENTS   BY PLAINTIFF ON BEHALF OF HIMSELF AND THE CLASS FOR  VIOLATION OF THE CALIFORNIA LABOR CODE:  FAILURE TO PAY  MINIMUM WAGES   BY PLAINTIFF ON BEHALF OF HIMSELF AND THE CLASS FOR  VIOLATION OF THE CALIFORNIA LABOR CODE:   FAILURE TO PAY  ALL WAGES UPON SEPARATION   BY PLAINTIFF ON BEHALF OF HIMSELF AND THE CLASS FOR  VIOLATION OF THE CALIFORNIA LABOR CODE:  FAILURE TO PAY  OVERTIME WAGES   BY PLAINTIFF ON BEHALF OF HIMSELF AND THE CLASS FOR  VIOLATION OF THE CALIFORNIA LABOR CODE:  FAILURE TO  INDEMNIFY OR REIMBURSE EMPLOYEES FOR EXPENSES   BY PLAINTIFF ON BEHALF OF HIMSELF AND THE CLASS FOR  VIOLATION OF THE UNFAIR COMPETITION LAWS   BY PLAINTIFF ON BEHALF OF HIMSELF AND THE CLASS FOR  VIOLATION OF THE CALIFORNIA LABOR CODE:  FAILURE TO PAY  AGREED WAGES  