65.  This action is properly maintainable as a collective action pursuant to the FLSA,  29 U.S.C. § 216(b).   66.  This action is brought on behalf of Named Plaintiffs and all similarly situated  persons who work or have worked for Defendants as accessioners or lab aides on or after August  9, 2013, who elect to opt-in to this action (“FLSA Collective”).   67.  Defendants assigned and/or are aware of all the work that Named Plaintiffs and  members of the FLSA Collective performed.     68.  As part of its regular business practice, Defendants intentionally, willfully, and  repeatedly engaged in a pattern, practice, and/or policy of violating the FLSA with respect to  Named Plaintiffs and the FLSA collective.  This pattern, practice, and/or policy includes, but is  -9-  not limited to, willfully failing to pay Named Plaintiffs and the members of the FLSA Collective  overtime compensation for the hours they worked in excess of 40 hours in a given week.   69.  Defendants are aware or should have been aware that federal law requires and  required Defendants to pay employees performing non-exempt duties, including Named  Plaintiffs and members of the FLSA Collective, an overtime premium for hours worked in  excess of 40 hours per week.    70.  Named Plaintiffs and the FLSA Collective all perform or performed the same  primary duties.    71.  Defendants’ unlawful conduct has been widespread, repeated, and consistent.   72.  Named Plaintiffs bring their cause of actions under the NYLL as a class action  pursuant to Rule 23 of the Federal Rules of Civil Procedure, on behalf of all current and former  accessioners and lab aides who worked or have worked at any branch location in New York at  any time between August 9, 2010, and the date of final judgment in this matter (the “New York  Class”).   73.  Excluded from the New York 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 ECL; and all persons who will submit timely and  otherwise proper requests for exclusion from the New York Class.    74.  The New York Class is so numerous that joinder of all members is impracticable.    75.  Upon information and belief, the size of the New York Class is believed to be in  excess of 40 individuals.    -10-   76.  The questions of law and fact common to the New York Class predominate over  any questions affecting only individual members. These questions of law and fact include, but  are not limited to: (1) whether Defendants violated the NYLL; (2) whether Defendants failed to  compensate Named Plaintiffs and the New York Class for hours worked in excess of 40 hours  per week; (3) whether Defendants failed to compensate Named Plaintiffs and the New York  Class spread of hours compensation for hours worked in excess of 10 hours in a day; (4) whether  Defendants provided Named Plaintiffs and the New York Class with wage notifications that  comply with the requirements of NYLL § 195(1); and (5) whether Defendants provided Named  Plaintiff and the New York Class with wage statements that comply with the requirements of  84.  Named Plaintiffs, members of the FLSA Collective, and the New York Class  (collectively “Class Members”) worked for Defendants as accessioners and lab aides.    85.  Throughout their employment with Defendants, Named Plaintiffs and the Class  Members consistently worked more than 40 hours per week.    86.  Named Plaintiffs and the Class Members would also often work in excess of 10  hours in a single day.     87.  Defendants are aware that Named Plaintiffs and the Class Members worked more  than 40 hours per workweek, yet Defendants failed to pay them all overtime compensation  earned at a rate of one and one-half times their regular rates of pay.    88.  Defendants are aware that Named Plaintiffs and the Class Members worked more  than 10 hours in a day, yet Defendants failed to pay them any spread of hours compensation in  the amount of one hours pay at the applicable minimum wage rate.    89.  Named Plaintiffs and the New York Class did not receive wage notifications at  the time of hire informing them of, among other things, (1) their regular rates of pay, (2) their  overtime rates of pay, (3) the basis of their rate of pay (e.g., whether they were hourly  employees), or (4) the regular pay day designated by Defendants.     90.  Through at least the end of 2015, Named Plaintiffs and the New York Class did  not receive wage statements from Defendants reflecting their overtime hourly rates of pay when  they worked in excess of 40 hours in a week.   91.  Named Plaintiffs repeat and reallege the allegations set forth in the preceding  paragraphs.    -13-   92.  Defendants have engaged in a widespread pattern and practice of violating the  FLSA, as described in this Complaint.   93.  At all relevant times, Named Plaintiffs and other similarly situated current and  former FLSA Collective members were engaged in commerce and/or the production of goods for  commerce within the meaning of 29 U.S.C. §§ 206(a) and 207(a).    94.  The overtime provisions set forth in §§ 201, et seq. of the FLSA apply  Defendants.   95.  Defendants are an employer engaged in commerce and/or the production of goods  for commerce within the meaning of 29 U.S.C. §§ 206(a) and 207(a).   96.  At all relevant times, Named Plaintiffs and the FLSA Collective were employees  within the meaning of 29 U.S.C. §§ 203(e) and 207(a).   97.  Defendants failed to pay Named Plaintiffs and the other similarly situated current  and former FLSA Collective members the overtime wages to which they were entitled under the  AGAINST DEFENDANTS --  FLSA OVERTIME COMPENSATION   AGAINST DEFENDANTS --  NEW YORK OVERTIME COMPENSATION   102.  Named Plaintiffs repeat and reallege the allegations set forth in the preceding  paragraphs.  103.  12 NYCRR § 142-2.2 requires that “[a]n employer shall pay an employee for  overtime at a wage rate of one and one-half times the employee’s regular rate.”    104.  Named Plaintiffs and the New York Class have been employees within the  meaning of NYLL.   105.  Defendants have engaged in a widespread pattern and practice of violating the  NYLL, as described in this Complaint.  106.  Defendants violated the NYLL, in relevant part, by failing to pay Named  Plaintiffs and the New York Class overtime wages as required by the NYLL and NYCRR.  107.  Defendants failed to pay Named Plaintiffs and the New York Class overtime  compensation for hours worked over 40 in a workweek.   108.  Defendants’ violations of the NYLL have been willful and intentional.   109.  Due to Defendants’ violations of the NYLL, Named Plaintiff and the New York  Class are entitled to recover from Defendants their unpaid overtime compensation in an amount  to be determined at trial, plus interest, liquidated damages, attorneys’ fees, costs and other  damages recoverable under the NYLL.  -15-  AGAINST DEFENDANTS --  NEW YORK SPREAD OF HOURS COMPENSATION  110.  Named Plaintiffs repeat and reallege the allegations set forth in the preceding  paragraphs.   111.  Title 12 NYCRR § 142-2.4 requires that “[a]n employee shall receive one hour’s  pay at the basic minimum hourly wage rate, in addition to the minimum wage required in this  Part for any day in which . . . the spread of hours exceeds 10 hours.”  112.  Named Plaintiffs and the New York Class Members worked more than 10 hours  in a day.   113.  When the Named Plaintiffs and the New York Class Members worked more than  10 hours in a day, they were not provided an additional hour’s pay at the minimum wage rate.   114.  Defendants’ failure to pay spread of hours compensation under the NYLL and  NYCRR was willful and intentional.  115.  By the foregoing reasons, Defendants have violated 12 NYCRR § 142-2.4 and is  liable to the Named Plaintiff and members of the putative class in an amount to be determine at  trial, plus interest, liquidated damages, attorneys’ fees, and costs.   AGAINST DEFENDANTS --  NEW YORK § 195(1) WAGE NOTICE VIOLATION    116.  Named Plaintiffs repeat and reallege the allegations set forth in the preceding  paragraphs.   117.  Pursuant to Section 195(1) of the NYLL, an employer is required to provide its  employees at the time of hiring a notice containing information, such as, “the rate or rates of pay  and basis thereof, whether paid by the hour, shift, day, week, salary, piece, commission, or other;  . . . the regular pay day designated by the employer . . .; [and] the name of the employer . . . . For  -16-  all employees who are not exempt from overtime compensation . . ., the notice must sate the  regular hourly rate and overtime rate of pay.”    118.  Pursuant to Section 198-1(b) of the NYLL, an employee that does not receive a  wage notification, as required by NYLL § 195(1), may bring a civil action to recover damages of  $50 for each work day that the violation occurs or continues to occur, but not to exceed $5,000.  119.  Named Plaintiffs and the New York Class did not receive wage notifications at  the time of hire from Defendants informing them of, among other things, (1) their regular rates of  pay, (2) their overtime rates of pay, (3) the basis of their rate of pay (e.g., whether they were  hourly employees), or (4) the regular pay day designated by Defendants.    120.  Defendants violated NYLL § 195(1) by failing to provide Named Plaintiffs and  the New York Class with wage notifications and wage statements containing the information  required by NYLL § 195, et seq.  121.  Defendants’ violations of the NYLL were willful, widespread, and repeated.  122.  Due to Defendants’ violations of NYLL § 195(1), Named Plaintiffs and the New  York Class are each entitled to recover damages of $50 for each work day that the violation  occurs or continues to occur, but not to exceed $5,000, together with costs and reasonable  attorney’s fees, , and such other relief allowed under the NYLL.   AGAINST DEFENDANTS --  NEW YORK § 195(3) WAGE STATEMENT VIOLATION  123.  Named Plaintiffs repeat and reallege the allegations set forth in the preceding  paragraphs.  124.  Pursuant to Section 195(3) of the New York Labor Law, an employer is required  to furnish each employee with a statement with every payment of wages that identifies, among  other things, whether the employee is paid by the hour, shift, day, week, salary, piece,  -17-  commission, or in another manner. For employees that are not exempt from overtime  compensation under New York state law or regulation, such wage statement must also include  “the regular hourly rate or rates of pay; the overtime rate or rates of pay; the number of regular  hours worked, and the number of overtime hours worked.”    125.  Pursuant to Section 198-1(d) of the New York Labor Law, an employee that does  not receive a wage statement, as required by NYLL § 195(3), may bring a civil action to recover  damages of $250 for each work day that the violation occurs or continues to occur, but not to  exceed $5,000.    126.  Named Plaintiffs and the New York Class did not receive wage statements from  Defendants that reflected their overtime rates of pay.   127.  Defendants violated NYLL § 195(3) by failing to provide Named Plaintiffs and  the New York Class with wage statements containing the information required by NYLL §  195(3).  128.  Defendants’ violations of the NYLL were willful, widespread, and repeated.   129.  Due to Defendants’ violations of the NYLL, Named Plaintiffs and the New York  Class are each entitled to recover damages of $250 for each work day that the violation occurs or  continues to occur, but not to exceed $5,000, together with costs and reasonable attorney’s fees,  and such other relief allowed under the NYLL.  