32.  Honor “provides a professional land services to mineral, telecommunication, real estate,  utility, solar, wind, and pipeline companies throughout the Appalachian Basin.”2   33.  To complete its business objectives, Honor hires personnel, such as Penska, to perform  oil and gas land leasing services.   34.  Honor considers Penska and the Putative Class Members to be contractors.   35.  But Honor does not hire these workers on a project-by-project basis.   37.  Many of these individuals worked for Honor on a day rate basis (without overtime pay).    38.  These day rate workers make up the proposed Putative Class.     39.  For example, Penska worked for Honor as a Senior Right of Way Agent from  approximately April 25, 2018 to November 8, 2018 throughout Pennsylvania and West Virginia.   40.  As a Senior Right of Way Agent, Penska’s primary job duties include making phone calls  to land and mineral rights owners, preparing land leases, submitting documents to his supervisors, and  attending meetings.   41.  Throughout his employment with Honor, he was classified as an independent contractor  and paid on a day rate basis.   42.  Penska and the Putative Class Members work for Honor under its day rate pay scheme.   43.  For example, Honor paid Penska $350.00 per day he worked.   44.  Penska and the Putative Class Members do not receive a salary.   45.  If Penska and the Putative Class Members did not work, they did not get paid.   46.  Penska and the Putative Class Members receive a day rate.   47.  Penska and the Putative Class Members do not receive overtime pay.   48.  This is despite the fact that Penska and the Putative Class Members often work more than  12 hours a day, for 5 days a week, for weeks at a time.   49.  Although Penska typically worked 5 days a week, for 12 hours a day, he did not receive  any overtime pay.   50.  Penska and the Putative Class Members received the day rate regardless of the number of  hours they worked, and even if they worked more than 40 hours in a workweek.   51.  Without the job performed by Penska and the Putative Class Members, Honor would not  be able to complete its business objectives.   53.  Penska and the Putative Class Members worked in accordance with the schedule set by  Honor and/or its clients.    54.  Penska and the Putative Class Members cannot subcontract out the work they are assigned  by Honor.    55.  Penska and the Putative Class Members must follow Honor and/or its clients’ policies and  procedures.    56.  Penska and the Putative Class Members’ work must adhere to the quality standards put in  place by Honor and/or its clients.    57.  Penska and the Putative Class Members did not substantially invest in the tools required  to complete the overall job to which they were assigned.    58.  Penska and the Putative Class Members did not market their services while employed by  Honor.    59.  Penska and the Putative Class Members worked exclusively for Honor during the relevant  period.    60.  Penska and the Putative Class Members did not incur operating expenses like rent, payroll,  marketing, and/or insurance.    61.  Honor and/or its clients set Penska and the Putative Class Members’ work schedule, which  prohibited them from working other jobs for other companies while working on jobs for Honor.   62.  At all relevant times, Honor and/or its clients maintained control, oversight, and direction  of Penska and the Putative Class Members, including, but not limited to, hiring, firing, disciplining,  timekeeping, payroll, and other employment practices.    63.  Penska’s work schedule is typical of the Putative Class Members.    64.  Honor controls Penska and the Putative Class Members’ pay.   66.  Penska and the Putative Class Members’ work must adhere to the quality standards put in  place by Honor and/or its clients.   67.  Penska and the Putative Class Members are not required to possess any unique or  specialized skillset (other than that maintained by all other workers in their respective positions) to  perform their job duties.   68.  Honor knows Penska and the Putative Class Members work for 12 or more hours a day,  for 12 days a week.   69.  Honor’s records reflect the fact that Penska and the Putative Class Members regularly  work far in excess of 40 hours in certain workweeks.    70.  Penska and the Putative Class Members do not receive overtime for hours worked in  excess of 40 in any of those weeks.   71.  Instead, Penska and the Putative Class Members are paid on a day rate basis.   72.  Honor controls Penska and the Putative Class Members’ opportunities for profit and loss  by dictating the days and hours they work and the rates they are paid.   73.  While working for Honor, Honor controlled all the significant or meaningful aspects of  the job duties Penska and the Putative Class Members perform.   74.  Honor exercises control over the hours and locations Penska and the Putative Class  Members work, the tools and equipment they use, and the rates of pay they receive.   75.  Even when Penska and the Putative Class Members work away from Honor’s offices  without the constant presence of Honor supervisors, Honor still controls significant aspects of their job  activities by enforcing mandatory compliance with its (or its clients’) policies and procedures.   77.  Honor (and/or its clients) make these large capital investments in buildings, machines,  equipment, tools, and supplied the business in which Penska and the Putative Class Members work.   78.  Penska and the Putative Class Members do not incur operating expenses like rent, payroll,  marketing, and insurance.   79.  The daily and weekly activities of Penska and the Putative Class Members are routine and  largely governed by standardized plans, procedures, and checklists created by Honor.   80.  Honor prohibits Penska and the Putative Class Members from varying their job duties  outside of the predetermined parameters and requires Penska and the Putative Class Members to follow  Honor’s (or its clients’) policies, procedures, and directives.   81.  All of the Putative Class Members are subjected to the same or similar policies and  procedures which dictate the day-to-day activities they perform.   82.  All of the Putative Class Members work similar hours and are denied overtime as a result  of the same illegal pay practice.   83.  All of the Putative Class Members work in excess of 40 hours each week.   84.  Honor uniformly denies Penska and the Putative Class Members overtime for the hours  they work in excess of 40 hours in a single workweek.   85.  Penska and the Putative Class Members do not, and have never, received guaranteed  weekly compensation irrespective of the day worked (i.e., the only compensation they receive is the day  rate they are assigned for all hours worked in a single day or week).   86.  Honor’s day rate policy violates the FLSA and PMWA because it deprives Penska and the  Putative Class Members of overtime for the hours they work in excess of 40 hours in a single workweek.   88.  Honor knew, or showed reckless disregard for whether, the Putative Class Members were  not exempt from the FLSA and PMWA’s overtime provisions.   89.  Nonetheless, Penska and the Putative Class Members were not paid overtime.     90.  Honor knew, or showed reckless disregard for whether, the conduct described in this  Complaint violated the FLSA and PMWA.   91.  Penska brings this claim as a class and collective action under the FLSA and PMWA.   92.  The Putative Class Members were victimized by Honor’s pattern, practice, and/or policy  which is in willful violation of the FLSA.   93.  Other Putative Class Members worked with Penska and indicated they were paid in the  same manner (a day rate with no overtime) and performed similar work.    94.  Based on his experiences with Honor, Penska is aware that Honor’s illegal practices were  imposed on the Putative Class Members.   95.  The Putative Class Members are similarly situated in all relevant respects.    96.  The Putative Class Members are blue-collar workers.   97.  Even if their precise job duties might vary somewhat, these differences do not matter for  the purposes of determining their entitlement to overtime.    98.  The illegal day rate policy that Honor imposes on Penska is likewise imposed on all  Putative Class Members.   PMWA VIOLATIONS  138.  Penska brings his claim under the PMWA as a Rule 23 class action.    139.  The conduct alleged violates the PMWA.  140.  At all relevant times, Honor was subject to the requirements of the PMWA.  141.  At all relevant times, Honor employed Penska and the Pennsylvania Class Members as  “employees” within the meaning of the PMWA.   142.  The PMWA requires employers like Defendants to pay employees at 1.5 times their regular  rate of pay for hours worked in excess of 40 in any week.   143.  Penska and the Pennsylvania Class Members are entitled to overtime under the PMWA.   144.  Honor has and has had a policy and practice of misclassifying Penska and the Day Rate  Workers as independent contractors and failing to pay these workers overtime for hours worked in excess  of 40 in a workweek.   145.  Penska and the Pennsylvania Class Members seek unpaid overtime in amount equal to 1.5  times their regular rates of pay for work performed in excess of 40 in a workweek, prejudgment interest,  all available penalty wages, and such other legal and equitable relief as the Court deems just and proper.  146.  Penska and the Pennsylvania Class Members also seek recovery of attorneys’ fees, costs,  and expenses of this action, to be paid by Honor, as provided by the PMWA. 