10.  TrainingWheel’s financial results are significantly driven by the number of  consultants providing training and support services for TrainingWheel’s customers and the fees  that TrainingWheel charges the customers for these services.     11.  Between 2010 and 2018, Plaintiff Freeman worked as a consultant  for  TrainingWheel and was assigned to work at hospitals in Alabama, Michigan, Florida, Oklahoma,  Georgia and Tennessee.   12.  Between January 2013 and August 2018, Plaintiff Clarke worked as a consultant  for TrainingWheel and was assigned to work at hospitals in Tennessee, Florida, Michigan, and  Alabama.   14.  TrainingWheel improperly, wrongfully and illegally classified Plaintiffs and  Collective Action Members as independent contractors, when the economic reality of their position  is that of an employee, and TrainingWheel retains the right of control, and, in fact, actually does  control their work.  Plaintiffs and Collective Action Members are Employees as a Matter of Economic Reality   15.  Work performed by Plaintiffs and Collective Action Members is an integral part of  TrainingWheel’s business. TrainingWheel is in the business of providing information technology  educational services to the healthcare industry. Plaintiffs and Collective Action Members provide  support and training to TrainingWheel’s clients in connection with the implementation of new  electronic recordkeeping systems.   16.  Plaintiffs’ and Collective Action Members’ duties do not involve managerial work.  They follow the training provided to them by TrainingWheel and its clients in performing their  work, which is basic training and support in using electronic recordkeeping systems.   17.  Plaintiffs and Collective Action Members do not make any significant relative  investments in relation to their work with TrainingWheel. TrainingWheel provides the training  and equipment required to perform the functions of their work.   19.  Plaintiffs’ and Collective Action Members’ work does not require special skills,  judgment or initiative. TrainingWheel provides training to Plaintiffs and Collective Action  Members, which they in turn use to provide training and support to TrainingWheel’s clients.   20.  Plaintiffs and Collective Action Members are economically dependent on  TrainingWheel.  Plaintiffs  and Collective Action Members are entirely  dependent upon  TrainingWheel for their business.   21.  Plaintiffs and Collective Action Members are not customarily engaged in an  independently established trade, occupation, profession or business.   22.  Plaintiffs and Collective Action Members typically enter into successive projects  for TrainingWheel. Each of the Plaintiffs has worked on multiple projects for TrainingWheel over  the course of several years.   23.  Plaintiffs and Collective Action Members have little or no authority to refuse or  negotiate TrainingWheel’s rules and policies; they must comply or risk discipline and/or  termination.   25.  Plaintiffs and Collective Action Members often work approximately twelve (12)  hours per day, and up to seven (7) days per week.   26.  Plaintiffs and Collective Action Members have to request TrainingWheel’s  approval for time off. TrainingWheel has the discretion to grant or deny such requests.    Plaintiffs and Collective Action Members are not Exempt as “Computer Employees” under  the FLSA   28.  Plaintiffs’ and Collective Action Members’ primary duties consist of training and  aiding healthcare staff with using new electronic recordkeeping software. This support is also  known as “at the elbow”. Plaintiff’s and Collective Action Members’ primary duties do not include  the higher skills of “application of systems analysis techniques and procedures” pursuant to 29  C.F.R. § 541.400(b)(1). Plaintiffs and Collective Action Members do not analyze, consult or  determine  hardware,  software  programs  or any system  functional  specifications  for  TrainingWheel’s clients. See id.     29.  Plaintiffs and Collective Action Members do not consult with TrainingWheel’s  customers to determine or recommend hardware specifications. Plaintiffs and Collective Action  Members do not design, develop, document, analyze, create, test or modify computer systems or  programs as defined in 29 C.F.R. § 541.400(b)(2).     31.  Plaintiffs and Collective Action Members are regularly required to work 12-hour  shifts, up to 7 days a week, while performing work for TrainingWheel.   32.  Although Plaintiffs and Collective Action Members are routinely required to work  more than forty (40) hours per week, up until at least 2018, they did not receive one and one-half  (1 ½) times their regular rate for hours worked in excess of forty (40) hours per week, as required  by the FLSA.     33.  Instead, Plaintiffs and Collective Action Members were paid a straight hourly rate  for hours that they worked, regardless of whether they worked more than forty (40) hours in a  week.   TrainingWheel Willfully Violated the FLSA   35.  Based upon the foregoing, TrainingWheel was cognizant that, or recklessly  disregarded whether, its conduct violated the FLSA.    36.  Plaintiffs bring Count I of this lawsuit pursuant to 29 U.S.C. § 216(b) as a collective  action on behalf of the collective defined above.     37.  Plaintiffs desire to pursue their FLSA claims on behalf of all individuals who opt- in to this action pursuant to 29 U.S.C. § 216(b).     39.  Specifically,  TrainingWheel  misclassified  Plaintiffs  and FLSA Collective  Members as independent contractors and paid them a set hourly rate.   40.  The similarly situated employees are known to TrainingWheel, are readily  identifiable, and can easily be located through TrainingWheel’s business and human resources  records.     41.  TrainingWheel employs many Collective Action Members throughout the United  States. These similarly situated employees may be readily notified of this action through U.S. Mail  and/or other means, and allowed to opt in to this action pursuant to 29 U.S.C. § 216(b), for the  purpose of collectively adjudicating their claims for overtime compensation, liquidated damages  (or, alternatively, interest) and attorneys’ fees and costs under the FLSA.  42.  All previous paragraphs are incorporated as though fully set forth herein.     43.  The FLSA defines “employer” broadly to include “any person acting directly or  indirectly in the interest of an employer in relation to an employee…” 29 U.S.C. § 203(d).     44.  TrainingWheel is subject to the wage requirements of the FLSA because  TrainingWheel is an employer under 29 U.S.C. § 203(d).     45.  During all relevant times, TrainingWheel has been an “employer” engaged in  interstate commerce and/or in the production of goods for commerce, within the meaning of the  9.  As a leading healthcare information technology firm, TrainingWheel provides  training and support to medical facilities in connection with the implementation of new electronic  recordkeeping systems. TrainingWheel employs consultants, such as Plaintiffs, who perform such  training and support services throughout the United States.   Violation of the FLSA  (On Behalf of Plaintiffs and the Collective Action Members)  