19. Plaintiff brings this action on behalf of all similarly situated  individuals who are currently or were formerly employed by Defendant as RNs  and individuals holding comparable non-exempt positions with different titles at  any time within three years prior to the filing of this Complaint (“the Collective  Action Period”), and who worked “off the clock” and did not receive any  compensation, and/or worked overtime but did not receive overtime compensation  at a rate of 1 and ½ times their regular rate of pay.   20. Plaintiff seeks to prosecute her FLSA claim as a Collective Action on  behalf of herself and all other similarly situated Collective Action Members during  the Collective Action Period, pursuant to 29 U.S.C. § 216(b).   21. Defendant is liable under the FLSA for, inter alia, failing to properly  compensate Plaintiff and the Collective Action Members.   23. The similarly situated RNs are known to Defendant, are readily  identifiable, and can be located through Defendant’s records.  Therefore, notice  should be sent to the Collective Action Members pursuant to 29 U.S.C. § 216(b).   24. When Plaintiff was hired, Defendant gave her an offer letter that stated  “You will not to [sic] exceed 40 hours per work week.”   25. However, Plaintiff regularly worked in excess of 40 hours per week  while employed by Defendant.   26. Defendant required that Plaintiff sign forms stating that she “must be  available to clients 24 hours a day and 7 days per week. Therefore, it is a  requirement to have an operational vehicle, internet ready computer and a mobile  phone to be able to respond to calls or messages within 1 hour from the agency or  any client.”   28. Defendant is aware that Plaintiff and similarly situated individuals  worked “off the clock” and worked in excess of 40 hours per week because it  directed them to perform this work.   29. Defendant had a policy and practice of routinely adjusting and  limiting the billing hours entered by Plaintiff and similarly situated individuals,  causing them not to be compensated for all the hours that they worked.   30. In April 2014, Plaintiff Morton complained to CEO Omar Green that  she was not paid for all the hours that she worked.   32. On May 30, 2014, Plaintiff Morton sent a text message to Cityside’s  Keisha Palmer complaining that she was “not paid for more than 20 hours of  nursing services [she] put into the system for the week of May 19.”   33. Three hours after Plaintiff Morton engaged in this protected conduct,  Defendant terminated Plaintiff.   34.  During the relevant time period, Defendant classified Plaintiff and the  Collective Action Members as non-exempt employees and they were paid by the  hour.     35.  Consistent with Defendant’s policy, pattern, and/or practice, Plaintiff  and the Collective Action Members (i) regularly worked in excess of 40 hours per  workweek without being paid at a rate of 1 ½ times their regular rate of pay, in  violation of the FLSA; and (ii) regularly worked “off the clock” without receiving  any compensation, in violation of the FLSA.   37.  Defendant failed to accurately record time worked, and failed to  provide accurate wage statements to Plaintiff and the Collective Action Members  identifying all the hours that they worked.   38.  Plaintiff and the Collective Action Members are similarly situated  under the FLSA because: (1) they shared common job duties; (2) they shared a  common job description; (3) they were all classified by Defendant as non-exempt  employees under the FLSA; (4) they regularly worked in excess of 40 hours per  week; (5) they regularly worked “off the clock” for Defendant; and (6) they did not  receive overtime compensation at a rate of 1 ½ times their regular rate of pay.   39.  Defendant’s failure to pay Plaintiff and the Collective Action  Members overtime at a rate of 1 ½ times their regular rate for all hours worked in  excess of 40 per week was willful and in bad faith.   40.  At all relevant times, Defendant knew or should have known that its  wage and hour practices were improper, and that the FLSA required it to pay its  employees an overtime premium for hours worked in excess of 40 per workweek,  yet it continued to violate the FLSA.   42.  Plaintiff, on behalf of herself and the Collective Action Members, re- allege and incorporate by reference all prior paragraphs of the Complaint.   43.  At all relevant times, Defendant employed Plaintiff, and employed or  continues to employ, the Collective Action Members.   44.  The overtime wage provisions set forth in the FLSA apply to  Defendant, Plaintiff, and the Collective Action Members.   45.  Plaintiff consents in writing to be a party to this action, pursuant to 29  U.S.C. § 216(b).   46.  As a result of Defendant’s willful failure to compensate Plaintiff and  the Collective Action Members at a rate not less than 1 ½ times the regular rate of  pay for work performed in excess of 40 hours in a workweek, as well as for all  hours worked by them, Defendant has violated and, continues to violate the FLSA,  29 U.S.C. §§ 201 et seq.    48.  As a result of Defendant’s actual knowledge, through Plaintiff’s  supervisors, that Plaintiff and the Collective Action Members were performing  work in excess of 40 hours per workweek, and Defendant’s policy and practice that  did not allow Plaintiff and the Collective Action Members to record all hours  worked, Defendant willfully violated the FLSA.   49.  Because Defendant’s violations of the FLSA were willful, a three-year  statute of limitations applies, pursuant to 29 U.S.C. § 255.   50.  Defendant did not make a good faith effort to comply with the FLSA  with respect to its compensation of Plaintiff and the Collective Action Members.   52.  Plaintiff re-alleges and incorporates by reference all prior paragraphs  of the Complaint.   53.  Plaintiff engaged in activity protected by the FLSA.   54.  Defendant subjected Plaintiff to an adverse job action when it  terminated Plaintiff.    55.  Defendant terminated Plaintiff for engaging in activity protected by  the FLSA.   56.  Defendant’s retaliatory conduct injured Plaintiff.   57.  Defendant intentionally and willfully violated the FLSA by  terminating Plaintiff.  FAIR LABOR STANDARDS ACT: RETALIATORY DISCRIMINATION  AND DISCHARGE UNDER 29 U.S.C. § 215(a)(3)   (Brought on Behalf of Plaintiff)   FAIR LABOR STANDARDS ACT:  UNPAID OVERTIME WAGES  (Brought on Behalf of Plaintiff and All Collective Action Members)  