That the defendant AOL, being fully aware of its potential liability for minimum wages under New York State and Federal Law in respect the relationships and programs alleged in paragraph 21 specifically and intentionally used defendant AOLC in its steed as the nominal party to such relationships and programs with the individual plaintiffs, the FLSA class plaintiffs, and the New York Labor Law class plaintiffs, in an attempt to shield AOL from any legal liability for such unpaid minimum wages. That the defendant AOL was the employer of the individual plaintiffs, the FLSA class plaintiffs, and the New York Labor Law class plaintiffs. That the defendant AOLC was the employer of the individual plaintiffs, the FLSA class plaintiffs, and the New York Labor Law class plaintiffs. That the defendants AOL and AOLC jointly were the employers of the individual plaintiffs, the FLSA class plaintiffs, and the New York Labor Law class plaintiffs. That the defendant AOL, by virtue of its control, domination and use of AOLC as its agent for the creation and maintenance of the relationships and programs alleged in paragraph 21, and the economic benefits it received from such programs and relationships, has assumed the status of an employer or joint employer of the plaintiffs within the meaning of the State and Federal statutes alleged herein.
Plaintiffs repeat each and every allegation previously made herein.
That the defendants failed to pay the individual plaintiffs any compensation for the work and labor they performed for the defendants as employees of the defendants. That the defendants failed to pay numerous other persons who are similarly situated to the individual plaintiffs any compensation for the work and labor such others similarly situated performed for the defendants as employees of the defendants. That the defendants' violations of the FLSA were willful. Plaintiffs repeat each and every allegation previously made herein. That the persons similarly situated to plaintiff Hallissey and described in paragraph 47 constitute a class of persons that is so numerous that joinder of all such persons individually is impractical.