(Collective Action Claim for Violations of the FLSA)   (Individual Claim for Violations of the FLSA)   15.  Plaintiff repeats and re-alleges all previous paragraphs of this Complaint  as though fully incorporated in this section.   16.  Space Age had at all relevant times at least two employees that handle,  sell, or otherwise work on goods or materials that have been moved in or produced for  interstate commerce, including, but not limited to, cables, fiber optics, VOIP equipment  and materials, office equipment, and telecommunications equipment.     17.  Space Age’s annual gross volume of sales for each of the three calendar  years preceding the filing of the Original Complaint in this case is not less than  $500,000.00.   18.  Creative Broadband had at all relevant times at least two employees that  handle, sell, or otherwise work on goods or materials that have been moved in or  produced for interstate commerce, including, but not limited to, satellite dishes, cables,  fiber optics, VOIP equipment and materials, office equipment, and telecommunications  equipment.   19.  Creative Broadband’s annual gross volume of sales for each of the three  calendar years preceding the filing of the Original Complaint in this case is not less than  $500,000.00.   21.  At least one of Creative Broadband’s primary business purposes is to  provide telecommunications installation services.   22.  To carry out their purpose to provide telecommunications installation  services, Defendants engage “cable installers.”   23.  Defendants treats all of their cable installers as “independent contractors”  for purposes of the FLSA.     24.  Defendants required at least some training be provided to each and every  cable installer.   25.  Defendants’ cable installer training programs, at least in part, were  designed to familiarize cable installers with Defendants’ policies and procedures to  better serve Defendants’ customers.   26.  Defendants had a dress code policy that it required its cable installers to  adhere to.   27.  Defendants assigned cable installers to Defendants’ customers as  needed.   28.  Defendants required cable installers to start their installations at a certain  time each morning.   29.  Defendants set cable installers’ schedules and informed cable installers  where and when they would perform installation services.   30.  Defendants maintained and owned warehouses in which cable installers  picked up equipment for installations and attended meetings.   31.  Cable installers had no opportunity to share in Defendants’ profits.    33.  Defendants were supposed to pay cable installers according to piece rates  per installation.    34.  Defendants determined the cable installers’ pay scale for services without  input from or negotiation with cable installers.   35.  Defendants set prices to its customers for services without cable installer  input or negotiation.   36.  Defendants determined where to locate Defendants’ branches and offices  without cable installer input.   37.  Defendants made decisions on advertising Defendants’ business without  cable installer input.   38.  Defendants made decisions on what new business to pursue or take  without cable installer input.   39.  Cable installers did not negotiate contracts or prices with Defendants’  customers.   40.  Defendants’ managers or other individuals under authority of Defendants  directed Defendants’ cable installers.   41.  Defendants required cable installers to follow the directions of Defendants’  managers or other authorized individuals with respect to performing and scheduling  installations.   43.  In other words, if any cable installer worked more than forty hours per  week, Defendants’ policy was not to pay that cable installer an overtime premium of one  and one half times the cable installer’s regular rate for the hours over forty.   44.  Defendants had a general practice keeping no contemporaneous records  of time that cable installers spent performing services on Defendants’ behalf.   45.  For some time during the three years preceding the filing of the Original  Complaint, Plaintiff performed the duties of a cable installer on Defendants’ behalf.   46.  Plaintiff was a “cable installer” for Defendants for at least some time after  three years preceding the filing of the Original Complaint.   47.  Defendants classified, or otherwise treated, Plaintiff as an “independent  contractor” for purposes of the FLSA.   48.  Plaintiff performed cable installation services on Defendants’ behalf as  many as seventy-two hours per week.   49.  Plaintiff drove her own vehicle while performing cable installation services  on Defendants’ behalf.     50.  While using her vehicle on Defendants’ behalf, Plaintiff’s vehicle had signs  advertising Space Age attached to it.   51.  After deducting for expenses related to the operation of Plaintiff’s vehicle  in the course of performing job duties for Defendants, upon information and belief,  Plaintiff’s pay regularly fell below the minimum wages required by the FLSA and AMWA.   53.  Defendants never paid Plaintiff any overtime premium for hours that  Plaintiff worked over forty hours per week.   54.  Defendants knew or should have known that the job duties of Plaintiff  required Plaintiff to work hours in excess of forty per week, yet Defendants failed and  refused to compensate Plaintiff for her work as required by the FLSA and AMWA.   55.  At all times relevant hereto, Defendants were aware of the minimum wage  and overtime requirements of the FLSA and AMWA.   56.  Defendants purposefully and knowingly classified cable installers as  “independent contractors.”  V.  57.  Plaintiff repeats and re-alleges all previous paragraphs of this Complaint  as though fully incorporated in this section.                                                                                                                                                                                                                     59.  The proposed class of opt-in Plaintiffs in this case is preliminarily defined  as follows:  Each person who performed cable installation services within  the three years preceding the filing of the Original Complaint.   60.  The proposed FLSA class members are similarly situated in that they  share these traits:  i.  They performed the same or similar job duties;   ii.  They were required to provide their own vehicles for use in performing  their job duties for Defendants; and  iii.  They were subject to Defendants’ common policy of classifying them as  “independent contractors;”  iv.  They were subject to numerous other common policies and practices as  described in the Factual Allegations section.  VI.  61.  Plaintiff repeats and re-alleges all previous paragraphs of this Complaint  as though fully incorporated in this section.   62.  29 U.S.C. §§ 206 and 207 require any enterprise engaged in commerce to  pay all employees a minimum wage for all hours worked up to forty (40) in one week  and to pay one and one-half times regular wages for all hours worked over forty (40)  hours in a week, unless an employee meets certain exemption requirements of 29  U.S.C. § 213 and all accompanying Department of Labor regulations.   64.  The costs that Plaintiff incurred, including, but not limited to, use of their  own vehicles, for the benefit of Defendants, caused Plaintiff’s free and clear pay to fall  below minimum wages.     65.  Defendants unlawfully refrained from paying Plaintiff an overtime premium  for hours worked over forty per week.   66.  Defendants’ failure to pay Plaintiff all minimum and overtime wages owed  and to reimburse Plaintiff’s work-related vehicle expenses was willful.   67.  By reason of the unlawful acts alleged herein, Defendants are liable to  each Plaintiff for monetary damages, liquidated damages, and costs, including  reasonable attorneys’ fees, for all violations that occurred within the three (3) years prior  to the filing of this Complaint.  68.  Plaintiff repeats and re-alleges all previous paragraphs of this Complaint  as though fully incorporated in this section.   69.  Plaintiffs, on behalf of all others similarly situated, assert this claim for  damages and declaratory relief pursuant to the FLSA, 29 U.S.C. § 201, et seq.   70.  Defendants misclassified all cable installers as independent contractors.   71.  The costs that cable installers incurred, including, but not limited to, use of  their own vehicles, for the benefit of Defendants, caused cable installers’ free and clear  pay to fall below minimum wages.     73.  Defendants’ failure to pay cable installers all minimum and overtime  wages owed and to reimburse cable installers’ work-related vehicle expenses was  willful.   74.  By reason of the unlawful acts alleged herein, Defendants are liable to  members of the Section 216 class for monetary damages, liquidated damages, and  costs, including reasonable attorneys’ fees, for all violations that occurred within the  three (3) years prior to the filing of this Complaint. 