10.  Plaintiff and those she seeks to represent in this action were employed as servers  and bartenders for Bobby Hotel.   11.  Bobby Hotel paid Plaintiff and other servers and bartenders an hourly wage below  $7.25. Typically, they earned $4.15 per hour. During special events and banquets, servers were  paid $6.00 per hour. Bartenders with whom Plaintiff worked along side were also paid $6.00 per  hour.   12.  In seeking to comply with the FLSA mandate that employees receive a minimum  wage of $7.25 per hour, Bobby Hotel purported to utilize a “tip credit” for each hour worked by  Plaintiff and other servers and bartenders. See 29 U.S.C. § 203(m). For example, the “tip credit”  for Plaintiff as a server was $3.10 ($7.25 – $4.15 = $3.10) for each hour worked.   13.  Plaintiff and other bartenders and servers were required to share tips with barbacks,  who have no customer interaction, whose sole responsibility is stocking the bar area, and who are  paid in excess of the $7.25 statutorily mandated minimum wage.  4   14.  Additionally, Bobby Hotel agreed to pay its employees all accrued PTO hours they  had earned during their employment so long as they were not terminated for cause or good reason.   15.  Bobby Hotel laid Plaintiff off due to Bobby Hotel’s financial condition on or about  March 17, 2020. The termination of Plaintiff’s employment was not for cause or good reason.   16.  Bobby Hotel has not paid Plaintiff for all accrued PTO hours in accordance with its  agreement.   17.  Like Plaintiff, other servers and bartenders were also laid off by Bobby Hotel on or  after March 17, 2020 due to Bobby Hotel’s financial condition and did not receive payment for  their accrued PTO hours.   18.  Plaintiff and other servers and bartenders relied on Bobby Hotel’s promise and  representation that it would pay all agreed PTO hours and by failing to pay Plaintiff and other  servers and bartenders, Bobby Hotel has received the benefit of their work already performed  without compensating them for the accrued PTO which they earned and were entitled to be paid.  19.  Plaintiff asserts her FLSA claims pursuant to 29 U.S.C. § 216(b) as a collective  action on behalf of the following individuals:  All current and former servers and bartenders employed by Bobby  Hotel at any time since March 19, 2020.   20.  Plaintiff’s claims should proceed as a collective action because Plaintiff and other  similarly situated servers and bartenders, having worked pursuant to the common policies  described herein, are “similarly situated” as that term is defined in 29 U.S.C. § 216(b) and the  associated decisional law.   21.  Plaintiff also asserts claims for breach of contract and, in the alternative, unjust  enrichment on a collective basis on behalf of those members of the collective class definition above  5  whose employment was terminated on or after March 17, 2020 and who were not paid for all  accrued PTO hours earned. This claim is suitable for collective treatment under O’Brien v. Ed  Donnelly Enters., Inc., 575 F.3d 567, 581 (6th Cir. 2009), which held that employees with only  supplemental claims can be part of a collective action, and subsequent cases from within this  district permitting the assertion of supplemental claims on a collective basis. 