12.  Plaintiff brings claims for relief as a collective action pursuant to FLSA Section  16(b), 29 U.S.C. § 216(b), on behalf of all current and former non-exempt employees (including  waiters, runners, bussers, and bartenders) employed by Defendants on or after the date that is six  (6) years before the filing of the Complaint in this case as defined herein (“FLSA Collective  Plaintiffs”).   13. At all relevant times, Plaintiff and the other FLSA Collective Plaintiffs are and have  been similarly situated, have had substantially similar job requirements and pay provisions, and  are and have been subjected to Defendants’ decisions, policies, plans, programs, practices,  procedures, protocols, routines, and rules, all culminating in a willful failure and refusal to pay  them proper compensation for all hours worked. A subclass of tipped employees employed as  bartenders also have a claim for illegally retained gratuities. The claims of Plaintiff, stated herein,  is essentially the same as those of the other FLSA Collective Plaintiffs.    14.  The claims for relief are properly brought under and maintained as an opt-in  collective action pursuant to §16(b) of the FLSA, 29 U.S.C. 216(b). The FLSA Collective Plaintiffs  are readily ascertainable. For purposes of notice and other purposes related to this action, their  names and addresses are readily available from the Defendants. Notice can be provided to the  FLSA Collective Plaintiffs via first class mail to the last address known to Defendants.  16.  All said persons, including Plaintiff, are referred to herein as the “Class.” The Class  members are readily ascertainable. The number and identity of the Class members are  determinable from the records of Defendants. The hours assigned and worked, the position held,  and rates of pay for each Class member may also be determinable from Defendants’ records. For  purposes of notice and other purposes related to this action, their names and addresses are readily  available from Defendants. Notice can be provided by means permissible under F.R.C.P. 23.   17.  The proposed Class is so numerous such that a joinder of all members is  impracticable and the disposition of their claims as a class will benefit the parties and the Court.  Although the precise number of such persons is unknown because the facts on which the  calculation of that number rests presently within the sole control of Defendants, there is no doubt  that there are more than forty (40) members of the Class. The Class further includes a subclass of  tipped employees comprised of amongst others, bartenders, (“Tipped Subclass”) who also number  more than forty (40). Plaintiff, RICARDO BARCENAS, is a member of both the Class and the  Tipped Subclass.    18.  Plaintiff’s claims are typical of those claims that could be alleged by any member  of the Class, and the relief sought is typical of the relief, that would be sought by each member of  the Class in separate actions. All Class members were subject to Defendants’ corporate practices  of (i) failing to pay proper compensation for all hours worked, (ii) failure to pay proper overtime  (ii) illegally retaining gratuities, (iii) failing to provide wage statements per requirements of the  NYLL and (iv) failing to properly provide wage notices to Class members, at date of hiring and  annually, per requirements of the New York Labor Law.    20.  Defendants’ corporate-wide policies and practices affected all Class members,  similarly, and Defendants benefited from the same type of unfair and/or wrongful acts as to each  class member. Plaintiff and other Class members sustained similar losses, injuries and damage  arising from the same unlawful policies, practices and procedures.     21.  Plaintiff is able to fairly and adequately protect the interests of the Class and has no  interests antagonistic to the Class. Plaintiff is represented by attorneys who are experienced and  competent in both class action litigation and employment litigation and have previously  represented plaintiffs in wage and hour cases.   23.  Defendants and other employers throughout the state violate the New York Labor  Law. Current employees are often afraid to assert their rights out of fear of direct or indirect  retaliation. Former employees are fearful of bringing claims because doing so can harm their  employment, future employment, and future efforts to secure employment. Class actions provide  class members who are not named in the Complaint a degree of anonymity, which allows for the  vindication of their rights while eliminating or reducing these risks.   27.  Plaintiff, a subclass of FLSA Collective Plaintiffs and the Tipped Subclass suffered  from Defendants’ wrongful claim of a tip credit in excess of statutory allowances.    28.  Plaintiff, a subclass of FLSA Collective Plaintiffs and the Tipped Subclass suffered  from Defendants’ illegal retention of gratuities. Defendants implemented a policy at the Restaurant  where Defendants collected and retained all tips and then re-distributed them.  However, when  Defendants distributed the tips to the Tipped Subclass were always short. As a result, Defendants  illegally retained tips from Plaintiffs, a subclass of FLSA Collective Plaintiffs and the Tipped  Subclass.     30.  Defendants failed to provide Plaintiffs and the Class members with proper wage  notices at hiring and annually thereafter. Plaintiffs did not receive proper wage notices either upon  being hired or annually since the date of hiring in violation of the New York Labor Law.   31.  Plaintiffs and Class members received wage statements that were not in compliance  with the New York Labor Law. Defendants are required to provide itemized listings of deductions  taken on a wage statement with every payment of wages. Defendants failed to satisfy the  requirements under the NYLL because the wage statements did not clearly include tip credit  allowance for each payment period. Plaintiffs and Class members also received fraudulent wage  statements that failed to accurately reflect the number of hours worked and their proper  compensation, including tips illegally withheld from Plaintiffs and the Tipped Subclass.    32.  Defendants knowingly and willfully operated their business with a policy of not  paying the New York State minimum wage to Plaintiff, FLSA Collective Plaintiffs and Class  members. Defendants were not entitled to claim any tip credits under the FLSA or NYLL.   33.  Defendants knowingly and willfully operated their business with a policy of failing  to pay Plaintiffs, FLSA Collective Plaintiffs and Class members for all hours worked.   34.  Defendants knowingly and willfully operated their business with a policy of  claiming an invalid meal credit in violation of the New York Labor Law.    35.  Defendant knowingly and willfully operated their business with a policy and  practice that deducted and failed to reimburse or compensate Plaintiffs, FLSA Collective Plaintiffs  and Class members for mandatory uniform purchases.    37.  Defendants knowingly and willfully operated their business with a policy of not  providing employees proper wage statements as required under the New York Labor Law.    38.  Defendants knowingly and willfully operated their business with a policy of not  providing a proper wage notice to Plaintiffs and Class members at the beginning of employment  and annually thereafter, in violation of the NYLL.   39.  Plaintiffs retained Lee Litigation Group, PLLC to represent Plaintiffs, FLSA  Collective Plaintiffs and Class members, in this litigation and have agreed to pay the firm a  reasonable fee for its services.  40.  Plaintiffs reallege and reaver Paragraphs 1 through 39 of this Class and Collective  Action Complaint as if fully set forth herein.   41.  At all relevant times, Defendants were and continue to be employers engaged in  interstate commerce and/or the production of goods for commerce within the meaning of the  FLSA, 29 U.S.C. §§ 206(a) and 207 (a).  Further, Plaintiffs and FLSA Collective Plaintiffs are  covered individuals within the meaning of the FLSA, 29 U.S.C. §§ 206(a) and 207 (a).   42.  At all relevant times, Defendants employed Plaintiffs and FLSA Collective  Plaintiffs within the meaning of the FLSA.   43.  At all relevant times, Corporate Defendant had gross annual revenues in excess of  $500,000.00.   45.  Plaintiffs are in possession of certain records concerning the number of hours  worked by Plaintiffs and FLSA Collective Plaintiffs and the actual compensation paid to Plaintiffs  and FLSA Collective Plaintiffs. Further records concerning these matters should be in the  possession and custody of the Defendants. Plaintiffs intend to obtain all records by appropriate  discovery proceedings to be taken promptly in this case and, if necessary, will then seek leave of  Court to amend this Complaint to set forth the precise amount due.   46.  Defendants failed to properly disclose or apprise Plaintiffs and FLSA Collective  Plaintiffs of their rights under the FLSA.   47.  As a direct and proximate result of Defendants’ willful disregard of the FLSA,  Plaintiffs and FLSA Collective Plaintiffs are entitled to liquidated (i.e., double) damages pursuant  to the FLSA.   48.  Due to the intentional, willful and unlawful acts of Defendants, Plaintiffs and FLSA  Collective Plaintiffs suffered damages in an amount not presently ascertainable of unpaid wages,  damages representing disgorgement of illegally retained tips, and an equal amount as liquidated  damages.   49.  Plaintiffs and FLSA Collective Plaintiffs are entitled to an award of their reasonable  attorneys’ fees and costs pursuant to 29 U.S.C. §216(b).  50.  Plaintiffs reallege and reaver Paragraphs 1 through 49 of this Class and Collective  Action Complaint as if fully set forth herein.   52.  Defendants willfully violated Plaintiffs’ and Class members’ rights by failing to  pay them proper wages in the lawful amount for hours worked. Defendants were not entitled to  claim any tip credits.     53.  Defendants willfully violated Plaintiffs’ and the Class members’ rights by illegally  retaining gratuities.   54.  Defendants knowingly and willfully operated their business with a policy of not  providing wage notices and wage statements as required under the New York Labor Law.   55.  Due to the Defendants’ New York Labor Law violations, Plaintiffs and Class  members are entitled to recover from Defendants their unpaid wage due to an invalid tip credit,  disgorgement of illegally retained tips, reasonable attorneys’ fees, liquidated damages, statutory  penalties and costs and disbursements of the action, pursuant to New York Labor Law.    VIOLATION OF THE NEW YORK LABOR LAW    VIOLATION OF THE FAIR LABOR STANDARDS ACT   