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. The claims of the plaintiff Hallissey are typical of the claims of the above described class, in that the interests of the plaintiff Hallissey are co-extensive with the interests of the other members of the class, there is a lack of adverse interests between the plaintiff Hallissey and the other members of the class, and common questions exist. The plaintiff Hallissey will fairly and adequately protect the interests of said class. Plaintiffs demand a trial by jury on all issues so triable.