32. Plaintiff Flores was formerly employed by Defendants from in or around November 2016 until on or about end of November 2019.   33. Plaintiff regularly handled goods in interstate commerce throughout the course of her employment with Defendants, such as food, food ingredients and drinks, produced or  manufactured out of state and distributed in New York.   34. Throughout her employment, Plaintiff was a waitress, serving beverages to Customers in the night shift.   35. At the time of her hiring, Individual Defendant agreed to pay Plaintiff a salary of $35 per day for her work as a waitress/dancer.   36. Individual Defendants also agreed with Plaintiff that her schedule would six days per week, Wednesday through Sunday from 11:00 pm until 9:00 am and Mondays from 11:00  pm until 6:00 am or fifty (50) hours per week.   37. Throughout the duration of her employment, Plaintiff did not have any supervisory authority, nor did she exercise discretion or independent judgment with respect to matters of  significance.   38. Plaintiffs never had any managerial duties, such as hiring and firing employees, doing payroll and setting employees' hours of work.  Defendants' Unlawful Corporate Practices  8  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28   39. Defendants required Plaintiff to work and never compensated them at all for her work.   40. Plaintiff was never provided with any wage statements, time sheets, or other documents showing the amount of hours they each worked every week and the amounts they  were owed.    41. Plaintiff was not provided with a wage notice at the time of hire or at any point thereafter.   42. Upon information and belief, while Defendants employed Plaintiff, they failed to post notices explaining the minimum and overtime wage rights of employees under the FLSA and  NYLL and failed to inform Plaintiff of such rights.   43. Defendants repeatedly suffered or permitted Plaintiff to work in excess of forty (40) hours per week without paying them the appropriate premium overtime pay of one and one-half  times the statutory minimum wage.    44. Defendants paid Plaintiff Vera a flat daily rate for all her hours of work  45. Defendants willfully disregarded and purposefully evaded record-keeping requirements of the FLSA and NYLL by failing to maintain accurate and complete timesheets  and payroll records.    46. Plaintiff was never provided with a wage notice at the time of hire or at any point thereafter, noting her hourly wage increases.   47. Upon information and belief, while Defendants employed Plaintiff, they failed to post notices explaining the minimum and overtime wage rights of employees under the FLSA  and NYLL and failed to inform Plaintiffs of such rights.   48. Plaintiffs has personal knowledge of other employees of Defendants who are 9  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  similarly situated and who also worked hours for which they were not paid minimum and  overtime wages.  49. Pursuant to 29 U.S.C. §§ 203, 206, 207, and 216(b), Plaintiffs brings her First and   Second causes of action as a collective action under the FLSA on behalf of themselves and the  following collective:  All persons employed by Defendants at any time from November 12, 2019 to the present day  (the “Collective Action Period”) who worked as non-exempt employees of the Defendants (the  “Collective Action Members”).   50. A collective action appropriate in these circumstances because Plaintiffs and the   Collective Action Members are similarly situated, in that they were all subject to Defendants’  illegal policies of failing to pay wages at or above the statutory minimum and failing to pay  overtime wages for all hours worked above 40 hours per week.   51. Plaintiffs and the Collective Action Members have substantially similar job duties   and are paid pursuant to a similar, if not the same, payment structure.    52. The claims of the Plaintiffs stated herein are similar to those of the other employees.  53. Plaintiffs, on behalf of themselves and the Collective Action Members, reallege and   incorporates by reference all allegations made in all preceding paragraphs as if fully set forth  herein.   54.  Defendants, throughout the majority of their employment period, paid Plaintiffs and   the Collective Action Members in amounts below the applicable statutory minimum wage for  10  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  their hours worked, in violation of the FLSA, 29 U.S.C. § 206.   55. Defendants’ unlawful conduct, as described in this Complaint, has been willful and   intentional. Defendants were aware, or should have been aware, that the practices described in  this Complaint were unlawful. Accordingly, a three-year statute of limitations applies pursuant  to 29 U.S.C. § 255(a).   56.    Plaintiffs realleges and incorporates by reference all allegations in all preceding  paragraphs.  12  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28   56. As a result of the Defendants' violations of the FLSA, Plaintiffs, and the Collective   Action Members have suffered damages by being denied wages at or exceeding the statutory  minimum in accordance with the FLSA in amounts to be determined at trial and are thus entitled  to recovery of such amounts, liquidated damages, attorneys' fees, costs, and other compensation  pursuant to 29 U.S.C. § 216 (b).  57. Plaintiffs, on behalf of themselves and the Collective Action Members, realleges and   incorporates by reference all allegations made in all preceding paragraphs as if fully set forth  herein.   57.     Defendants failed to pay Plaintiffs overtime wages for all hours worked above 40  hours per week thereby violating the NYLL §§ 190 et seq. and the New York State Department  of Labor regulations, 12 N.Y.C.R.R. Part 146-1.4.   58.     Defendants' failure to pay Plaintiffs overtime compensation lacked a good faith  basis within meaning of NYLL § 663.   58.  Defendants failed to pay Plaintiffs and the Collective Action Members appropriate   overtime wages for all hours worked above 40 hours per week thereby violating the FLSA, 29  U.S.C. § 207(a)(1) at a rate of one- and one-half times their regular rate of pay, but under no  circumstances, below one- and one-half times the statutory minimum wage.   59. Defendants’ unlawful conduct, as described in this Complaint, has been willful and   intentional. Defendants were aware, or should have been aware, that the practices described in  this Complaint were unlawful. Accordingly, a three-year statute of limitations applies pursuant  to 29 U.S.C. § 255(a).   11  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28   59.     Due to Defendants’ violations of the NYLL, Plaintiffs is entitled to recovery of her  unpaid overtime wages, liquidated damages as provided for by the NYLL, reasonable attorneys'  fees and costs of the action, pre-judgment and post-judgment interest, pursuant to NYLL § 198  (1-a).   60. As a result of the Defendants' violations of the FLSA, Plaintiffs and the Collective   Action Members have been deprived of overtime compensation and other wages in amounts to  be determined at trial, and are thus entitled to recovery of such amounts, liquidated damages,  attorneys' fees, costs, and other compensation pursuant to 29 U.S.C. § 216(b).  61. Plaintiffs realleges and incorporates by reference all allegations in all preceding   paragraphs as if fully set forth herein.    62. Defendants, throughout the majority of Plaintiffs’ employment, paid Plaintiffs less   than the applicable statutory minimum wage for her hours worked in violation of NYLL § 652  and the supporting New York State Department of Labor regulations, including 12 N.Y.C.R.R.  Part 146-1.2.   63. Defendants' failure to pay Plaintiffs the minimum wage lacked a good faith basis   within the meaning of NYLL § 663.   64. Due to Defendants’ violations of the NYLL, Plaintiffs is entitled to recover from   Defendants her unpaid minimum wages, liquidated damages as provided for by the NYLL,  reasonable attorneys’ fees, costs, and pre-judgment and post-judgment interest, pursuant to NYLL  § 198 (1-a).  65. Plaintiffs realleges and incorporates by reference all allegations in all preceding   paragraphs.   66. Defendants have failed to provide Plaintiffs with complete and accurate wage   statements throughout her employment listing, inter alia, all her regular and overtime hours of  work, her rate of pay, and the basis of pay, in violation of NYLL § 195(3).    67. Due to Defendants’ violations of the NYLL, Plaintiffs is entitled to recover from   Defendants’ statutory damages of Two Hundred and Fifty dollars ($250) per workday that the  violation occurred, up to a maximum of Five Thousand Dollars ($5,000), pursuant to NYLL §  198 (1-d).   13  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  68. Plaintiffs realleges and incorporates by reference all allegations in all preceding   paragraphs.   69. Defendants failed to provide Plaintiffs at the time of hiring or at any point thereafter,   a notice containing the rate 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; the physical  address of the employer's main office or principal place of business; the telephone number of the  employer, and anything otherwise required by law, in violation of NYLL § 195(1).   70. Due to Defendants' violations of the NYLL § 195(1), Plaintiffs is entitled to recover   from Defendants statutory damages of Fifty dollars ($50) per workday that the violation occurred,  up to a maximum of Five Thousand Dollars ($5,000) pursuant to NYLL § 198 (1-b).-judgment  interest, damages for emotional distress, attorney's fees, costs, and other such damages of an  amount to be determined at trial, pursuant to N.Y. Executive Law § 297(9).   71.  Defendant Tellez is jointly and severally liable for the aforementioned damages,  since he incited, compelled and coerced the above discriminatory and unlawful conduct pursuant  to N.Y. Executive Law § 296(6).  14  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  Fair Labor Standards Act – Unpaid Overtime Wages  (Brought on Behalf of Plaintiffs and the Collective Action Members)   Fair Labor Standards Act – Violation of Minimum Wage Requirements   (Brought on Behalf of Plaintiffs and the Collective Action Members)   New York Labor Law – Failure to Provide Notice at Time of Hiring   New York Labor Law – Failure to Provide Accurate Wage Statements   New York Labor Law – Violation of Minimum Wage Requirements   New York Labor Law – Unpaid Overtime Wages   Plaintiff Concepcion Flores  