16.  Merchco provides “retail installation solutions” across “the continental United  States, Puerto Rico, Alaska and Hawaii.”1   17.  In each of the past 3 years, Merchco’s gross revenues have exceeded $5 million.   18.  It has a “base of full-time employees located in 38 states[.]”2   19.  Its employees routinely handle materials (e.g., tools) produced for commerce.   21.  To provide its services, Merchco employs carpenters, merchandisers, installers, and  project leads.3   22.  Until recently, Merchco paid these workers on day-rate basis.     23.  For example, Merchco employed Bresko (a Day Rate Worker) as a carpenter from  approximately September 2012 to January 2019.    24.  Bresko’s job duties included installing wall systems, counters, and display cases, as  well as performing custom millwork.   25.  Bresko provided these services in multiple states across the nation.   26.  Merchco paid Bresko under its day-rate pay plan.     27.  By late 2018, Bresko’s day rate was $300 a day.   28.  In the two-week period ending September 22, 2018, Bresko worked 102 hours over  11 days.    29.  Merchco paid Bresko a total of $3,300.   30.  This is equal to 11 days times Bresko’s day rate of $300 a day.   31.  But Merchco dressed up its paystubs to suggest Bresko was being paid an “hourly  rate” plus “overtime” with a “bonus.”    32.  But the “bonus” varied so Bresko always earned the same “day rate” for each day  that he worked.   34.  This, of course, totals $3,300 (exactly what you would expect given that he worked  11 days at a day-rate of $300).     35.  Bresko’s pay always reflected the number of days that he worked times his day-rate.   36.  Merchco paid Bresko this way until the end of 2018.   37.  Merchco’s efforts to conceal the way it was paying its employees reflects its  knowledge of the FLSA’s overtime requirements and a conscious effort to evade those  requirements.    38.  Merchco knew, or showed reckless disregard for whether, its day-rate pay policy  violated the FLSA.  39.  Merchco treated all Day Rate Workers as W-2 employees.   40.  Merchco paid all Day Rate Workers according to the same day-rate plan.   41.  Merchco’s policy of paying the Day Rate Workers a day rate, with no overtime pay,  violates the FLSA. See 29 C.F.R. § 778.112 (explaining how overtime is to be paid to day-rate  employees).   42.  Merchco’s day-rate plan affects the Day Rate Workers in a similar manner because  they are each owed overtime pay for the same reason.     43.  Bresko and the other Day Rate Workers are similarly situated for the purposes of  their overtime claims.     44.  The collective action class is, therefore, properly defined as:    All Day Rate Workers employed by Merchco in the past 3 years.   46.  Merchco owes Bresko and the other Day Rate Workers the difference between the  rate actually paid and the proper overtime rate.    47.  Because Merchco knew, or showed reckless disregard for whether, its pay practice  violated the FLSA, it owes these wages for at least the past three years.   48.  Merchco also owes Bresko and the other Day Rate Workers an amount equal to the  unpaid overtime wages as liquidated damages.   49.  Bresko and the other Day Rate Workers are entitled to recover all reasonable  attorneys’ fees, costs, and expenses incurred in this action. 