  .  Violations  New Yot~k Labor Law  Nonpayrnent of Straight \Vages  190 et .\·eq. and (J50 et !>;eq. and "'12 NYCRR I  C~unille Forest and the New York Class)   1.  Due to Defendants' violations of the NYLL,  are entitled to recover from  attorneys'  and costs of the action, and  Plaintiffs do not seek liquidated  In embers of the  York Class but reserves their right to do so.  35.  The preceding paragraphs are incorporated by reference as if the same were fully  set forth herein.  8  all  216(b ), specifically, on  state  years  were: (a) not  (b) were not  -L., 'L'" ~ and (c) were  not compensated tor time worked over forty hours per week at  overtime rates (the '·FLSA Collective  controlling interest in the Company or JCP.  excluded are  and entities who submit  timely and otherwise proper requests for exclusion fro1n the  Collective  Plaintiti is unable to state the exact nmnber of the  without discovery of  Defendants' books and records but estimates the  hundred if not thousands  individuals.   39.  and  during required tneal periods and to perfonn work on-the-clock and/or off-the-clock for vvhich  they were not fully compensated. Defendants also failed to pay Plaintiff and n1en1bers of the  FLSA Collective Class time and one half their regular rate of pay tor hours worked beyond forty  hours in a workweek.   40.  Defendants' unlawful conduct has been \videspread, repeated and consistent.   41.  Defendants' conduct was willful and in bad faith and has caused significant  damages to Plaintiff and the FLSA Collective Class.  9  the  tn  are known to Defendants and are  identifiable  45.  Excluded from the New York Class are Defendants, their legal representatives,  officers, directors, assigns, and successors, or any individual who has or had a controlling  interest in the Company or JCP. Also excluded are persons and entities who submit timely and  otherwise proper requests for exclusion from the New York Class.   46.  As of January 28, 2012, JCP operated 43 stores in New York State. In addition,  Defendants employed hundreds of hourly-wage employees at its New York based department  10  numerous  were not rv•~"""""'"~'<Cl1'£::.r1  and during meal  to comply with the NYLL. The Plaintiffs and other New York  that they have  uncompensated or under-compensated  comn1on uv''"'·.d,\.1.:>. practices, and patterns of conduct.  H4U,l\,LLL<J and  Defendants'  have been  to Defendants'  Plaintiffs will fairly and adequately protect the interests of the  York  PlaintitTs have retained counsel competent and experienced in cmnplex class action and  and hour litigation. There is no cont1ict between the Plaintiffs and the New York  Con11non  law and fact  as to the  that  are not  lin1ited to, the following:  (a)  vVhether Defendants failed and/or refused to pay Plaintiffs and the New  York Class for off-the-clock tin1e spent working in violation of New York  Law;  (b)  Whether Defendants failed and/or refused to pay PlaintitTs and the New  York Class for all of the compensable time that they worked for  Defendants while clocked-in;  (c)  Whether Defendants failed to keep true and accurate time records for all  11  (f)  (g)  (h)  Whether  to  compensated;  Whether  willfully or with  The nature and extent of  InJUrieS.  adjudication of the controversy  to  York Labor  §  the  the posting and notice  practice  York  Plaintitis and New York Class  Defendants~ benefit which was not  tailing to pay  was instituted  tC't"t:>Cr'l!r'rl of the law; and  and the tneasure of datnages for  treattnent will pern1it a large nmnber of  sitnilarly situated persons to prosecute their cmnn1on clain1s in a single forum siinultaneously,  efficiently and 'Without the duplication of eflort and expense that numerous individual actions  would entail.  Individual class members' damages are inadequate to justify the costs of  prosecuting their claims in any manner other than a class action. No difficulties are likely to be  encountered in the management of this class action that would preclude its maintenance as a  class action, and no superior alternative exists for the fair and efficient adjudication of this  controversy. Members of the New York Class are readily identifiable from Defendants' own  12  L  their nr't'r..-..•~,,~,,  course  that will result  ..,, ... T .... "''""' ~·-U11--~....,""" to Plaintitls and the New  intend to send notice to all 1ne1nbers of the New York Class to the  extent  69.  The preceding paragraphs are incorporated by reference as if the satne were fully  set forth herein.   70.  Pursuant to New York Labor Law §§ 190, 191, 193, 198 and 652, Defendants  have willfully failed to pay the straight wages due as set forth in the preceding paragraphs of this  Complaint to Plaintiffs and the New York Class in violation of New York Labor Law §§ 190,  191,193,198 and652 and 12 N.Y.C.R.R. 142-2.1 and 142-2.2.   71.  Defendants were not and are not permitted by state or federal law, or by order of a  court of competent jurisdiction, to withhold or divert any portion of the Plaintiffs' and the New  15  concern  to  not  court  worked at  established rate.  New York Class, seek the amount  of at least the tninimum  Labor Law., and such other  not  but reserves their right to do so.  78.  The overtime wage provisions of Article 19 of the NYLL and its supporting  regulations 12 N.Y.C.R.R. 142-2.1 and 142-2.2 apply to Defendants and protect Plaintiffs and  16  to  '""'1"\rt"r'r•"V\"'1'~r of  Regulations.   New York Labor Law- Unpaid Overtime  (On Behalf of the New York Class)  The preceding paragraphs are incorporated by reference as if the same were fully  set forth herein.   VIOLATION OF THE FAIR LABOR STANDARDS ACT  (On Behalf of Plaintiff, Afza AnJum and the FLSA Collective Class)  same were fully  set forth herein.  At all relevant  Defendants  and  to be, "employers''  commerce, within the  §  At all relevant  continue to etnploy, employees, including Plaintiff and  of the  of  are incorporated by reference as if the same were fully  set forth  bring  Anjum,  Terrana, Veronica Monahan and Camille Forest  own behalf and as a class action pursuant to Article 9 of New York  on behalf of a Class consisting of:  years  not  'fJ'-'"k'"'"'"'". f(x all work perton11ed while clocked-in; (b) were not  all work perfonned while off-the-clock; and (c)  were not c01npensated for titne worked over torty hours per week  at overtitne rates (the ··New York Class'').  