31.  Pursuant to 29 U.S.C. §§ 207 & 216(b), Plaintiff brings his First Cause of Action  as a collective action under the FLSA on behalf of himself and the following collective:  All individuals employed by Defendants at any time since January  14, 2018 and through the entry of judgment in this case (the  “Collective Action Period”) who worked as hourly employees at  Joseph and/or Wellness (the “Collective Action Members”).   32.  A collective action is appropriate in this circumstance because Plaintiff and the  Collective Action Members are similarly situated, in that they were all subjected to Defendants’  illegal policy of failing to pay overtime premiums for all work performed in excess of forty (40)  hours each week. As a result of this policy, Plaintiff and the Collective Action Members did not  receive the legally-required overtime premium payments for all hours worked in excess of forty  (40) hours per week.   33.  Plaintiff and the Collective Action Members have substantially similar job duties  and were paid pursuant to a similar, if not the same, payment structure.  34.  Pursuant to the NYLL, Plaintiff brings his Second through Fourth Causes of Action  under Rule 23 of the Federal Rules of Civil Procedure on behalf of himself and the following class:   All individuals employed by Defendants in New York at any time  since May 31, 2014 and through the entry of judgment in this case  (the “Class Period”) who worked as hourly employees at Joseph  and/or Wellness (the “Class Members”).   36.  The Class Members are so numerous that joinder of all members is impracticable.  Although the precise number of Class Members is unknown to Plaintiff, the facts on which the  calculation of that number can be based are presently within the sole control of Defendants.   37.  Upon information and belief, there are in excess of forty (40) Class Members.   39.  The Plaintiff’s claims are typical of the Class Members’ claims. Plaintiff, like all  Class Members, was an employee of Defendants who worked for Defendants pursuant to their  corporate policies. Plaintiff, like all Class Members, was, inter alia, not paid overtime premium  pay for all hours worked over forty (40) hours in a given workweek, was not provided with accurate  wage statements with each payment of wages, and was not provided with wage notices on the date  he was hired or on or before February 1 of each subsequent year (up to and including February 1,  2015) or when his wage rate(s) changed. If Defendants are liable to the Plaintiff for the claims  enumerated in this Complaint, they are also liable to all Class Members.   40.  The Plaintiff and his Counsel will fairly and adequately represent the Class. There  are no conflicts between Plaintiff and the Class Members, and Plaintiff bring this lawsuit out of a  desire to help all Class Members, not merely out of a desire to recover his own damages.   41.  Plaintiff’s counsel are experienced class action litigators who are well-prepared to  represent the interests of the Class Members.   42.  A class action is superior to other available methods for the fair and efficient  adjudication of this litigation.     44.  At all relevant times, Defendants have been in the pharmacy business in New York  City.   45.  According to Defendants’ websites, Joseph has been “The Upper West Side  Pharmacy since ’92” and offers free same day Rx delivery and accepts all major insurances.  (https://www.josephspharmacy.com). Joseph is open seven (7) days per week, Monday through  Friday, 8:00 am to 7:00 pm, Saturday 9:00 am to 7:00 pm and Sunday 10:00 am to 6:00 pm. Id.2    46.  Wellness is “the pharmacy for the UWS,” “stock[s] the widest range of medical  products, offer[s] the highest quality health services, and retain[s] the best staff possible.”  (https://www.wellnesspharmacy72.com). Wellness is also open seven (7) days per week, the “front  end” is open Monday through Friday 8:00 am to 8:00 pm, Saturday 9:00 am through 7:00 pm and  Sunday 10:00 am through 6:00 pm. The pharmacy is open Monday through Friday 9:00 am  through 8:00 pm, Saturday 9:00 am through 7:00 pm and Sunday 11:00 am through 5:00 pm.   47.  According to the New York State Department of State, Division of Corporations,  Defendant S. Eltahawy is the chief executive officer of Aba Noub, Ltd. d/b/a Joseph Pharmacy.    48.  Upon information and belief, the Individual Defendants have owned, operated and  managed Corporate Defendants throughout the relevant time period.     49.  Upon information and belief, the Individual Defendants are a constant presence at  Joseph and Wellness, where they manage the operations of the pharmacies and take an active role  in ensuring that the pharmacies are run in accordance with their procedures and policies.    51.  Defendant L. Etahawy was present at Joseph on occasion and Wellness several  times per week. L. Eltahawy would call Joseph and Wellness daily when she was not present.    52.  At all relevant times, S. Eltahawy has been the president, CEO and pharmacist in  charge of the Corporate Defendants.    53.  At all relevant times, the Individual Defendants, either themselves directly or  through their direction of their management, have had power over payroll and personnel decisions  at Joseph and Wellness, including the power to hire and fire employees, set their wages, retain  time and/or wage records, and otherwise control the terms and conditions of their employment.   54.  At all relevant times, the Individual Defendants would supervise Plaintiff and the  Collective and Class Members.   Plaintiff’s Work for Defendant   55.  Plaintiff Warren worked for Defendants as Vice President of Operations from on  or about December 12, 2017 until on or about September 21, 2020 (the “Warren Employment  Period”).3     57.  From the beginning of the Warren Employment Period through in or around August  of 2018, Warren typically worked Monday through Friday from ten o’clock in the morning (10:00  am) until nine o’clock in the evening (9:00 pm) and Saturdays from approximately nine o’clock in  the morning (9:00 am) until one o’clock in the afternoon (1:00 pm), for a total of approximately  fifty-nine (59) hours per week. Beginning in or around September of 2018, Warren worked the  same schedule Monday through Friday, but no longer worked Saturdays, for a total of  approximately fifty-five (55) hours per week. Beginning in or around end of February or early  March of 2020, in light of the Covid-19 pandemic, until the end of the Warren Employment Period,  Warren began working Monday through Friday from approximately eight o’clock in the morning  (8:00 am) through approximately six o’clock in the evening (6:00 pm), for a total of approximately  fifty (50) hours per week.    58.  Warren worked at Joseph from the beginning of the Warren Employment Period  until in or around July 2018 when he began to help the contracting process for Wellness which  formally opened to the public on July 29, 2019. Once Wellness opened, Warren would  occasionally work at Wellness although he continued to work primarily at Joseph.    59.  Throughout the Warren Employment Period, Plaintiff Warren was paid an hourly  rate of approximately twenty-five dollars ($25.00) per hour for all hours worked, including those  beyond forty (40) in a given week.    61.  Plaintiff Warren was required to clock in and out using a time tracking system built  into the pharmacy software system PioneerRx.     62.  At no time during the Warren Employment Period did Plaintiff Warren receive a  wage notice as required by the NYLL, setting forth information such as his regular and overtime  hourly rates, any deductions taken by Defendants, and contact information of his employer.   63.  At no time during the Warren Employment Period did Plaintiff Warren receive a  proper and accurate wage statement as required by the NYLL, setting forth the pay period, basis  of payment, rates paid, allowances or credits applied against wages, gross wages, any deductions  from wages, net wages, and contact information of his employer.    64.  Warren was denied sick pay for the four (4) days he required it over the course of  his employment with Defendants.   Defendants’ Unlawful Corporate Policies   65.  Plaintiff and the Collective and Class Action Members were paid by the same  corporate policies of Defendants, including failing to pay overtime premiums and failing to  provide wage statements or wage notices.     66.  Plaintiff has spoken with other employees of Defendants who were similarly paid  straight-time hourly rate for all hours worked, without overtime premium compensation for hours  worked in excess of forty (40) in a given workweek.    68.  Defendant S. Eltahawy admitted to Plaintiff that all of Defendants’ employees are  paid by the hour.    69.  Defendants pay the majority of their employees partially in cash “off the books”  and partially by check “on the books.”    70.  Defendants failed to provide Plaintiff and the Class Members with wage notices at  the time of their hire, annually by February 1 of each year up to and through February 1, 2015,  and/or when their wage rate(s) changed.   71.  Defendants failed to provide Plaintiff and the Class Members with accurate wage  statements or paystubs with each payment of wages.   72.  Throughout the Class Period and, upon information and belief, Defendants likewise  employed other individuals like Plaintiff in positions that require little skill and no capital  investment.     73.  Upon information and belief, throughout the Class Period and continuing until  today, defendants failed to maintain accurate and sufficient time and payroll records or provide  such records to employees.  74.  Plaintiff, on behalf of himself and the Collective Action Members, repeats and  realleges each and every allegation of the preceding paragraphs hereof with the same force and  effect as though fully set forth herein.   76.  The foregoing conduct, as alleged, constitutes a willful violation of the FLSA  within the meaning of 29 U.S.C. § 255(a).   77.  Defendants’ failure to pay overtime caused Plaintiff and the Collective Action  Members to suffer loss of wages and interest thereon.  Plaintiff and the Collective Action Members  are entitled to recover from Defendants their unpaid overtime premium compensation, damages  for unreasonably delayed payment of wages, liquidated damages, reasonable attorneys’ fees and  costs and disbursements of the action pursuant to 29 U.S.C. § 216(b).   78.  Plaintiff, on behalf of himself and the Class Members, repeats and realleges each  and every allegation of the preceding paragraphs hereof with the same force and effect as though  fully set forth herein.   79.  Defendants willfully violated Plaintiff’s and the Class Members’ rights by failing  to pay overtime compensation at a rate of not less than one and one-half times the regular rate of  pay for hours worked in excess of forty (40) each week, in violation of the NYLL and regulations  promulgated thereunder.   81.  Plaintiff, on behalf of himself and the Class Members, repeats and realleges each  and every allegation of the preceding paragraphs hereof with the same force and effect as though  fully set forth herein.   82.  Defendants have willfully failed to supply Plaintiff and the Class Members notice  as required by Article 6, § 195(1), in English or in the language identified by Plaintiff and the Class  Members as their primary language, containing Plaintiff’s and Class Members’ rate or rates of pay  and basis thereof, whether paid by the hour, shift, day, week, salary, piece, commission, or other;  hourly rate or rates of pay and overtime rate or rates of pay, if applicable;  the regular pay day  designated by the employer in accordance with the NYLL, Article 6, § 191; the name of the  employer; or any “doing business as” names used by the employer’ the physical address of the  employer’s main office or principal place of business, and a mailing address if different; the  telephone number of the employer; plus such other information as the commissioner deems  material and necessary.     84.  Plaintiff, on behalf of himself and the Class Members, repeats and realleges each  and every allegation of the preceding paragraphs hereof with the same force and effect as though  fully set forth herein.   85.  Defendants have willfully failed to supply Plaintiff and the Class Members a proper  wage statement as required by Article 6, § 195(3).     86.  Due to Defendants’ violations of the NYLL, Plaintiff and the Class Members are  entitled to recover from Defendants two hundred and fifty dollars ($250.00) per employee for each  day that the violations occurred or continue to occur, or a total of five thousand dollars ($5,000.00)  per employee, as provided for by NYLL §§ 190 et seq., liquidated damages as provided for by the  NYLL, reasonable attorneys’ fees, costs, pre-judgment and post-judgment interest, and injunctive  and declaratory relief.  Defendants’ Pharmacies   FAIR LABOR STANDARDS ACT-UNPAID OVERTIME  (Brought on Behalf of Plaintiff and Collective Action Members)   NEW YORK LABOR LAW – FAILURE TO PROVIDE WAGE STATEMENTS  (Brought on Behalf of Plaintiff and the Class Members)   NEW YORK LABOR LAW – UNPAID OVERTIME  (Brought on Behalf of Plaintiff and Class Members)   NEW YORK LABOR LAW – FAILURE TO PROVIDE WAGE NOTICE  (Brought on Behalf of Plaintiff and Class Members)  