  Defendant Brake Check is a chain automotive repair shop for brake service, oil changes  and alignment.     0  In order to perform their job duties, Plaintiff and the Class Members follow procedures  that are outlined in Defendant’s manuals and guidelines and/or learned during training.  It  is Plaintiff’s understanding that Defendant expects its Store Managers to follow the  procedures and policies provided to complete their work.     3  As Service Managers, Plaintiff and Class Members regularly work/worked more than  forty (40) hours per workweek.  Neither he nor any of the other Class Members had  authority to (nor did they): manage an enterprise, hire or fire other employees, set the pay  rates of other employees, create policies or procedures to govern Defendant’s employees,  handle employee grievances, determine the type of equipment or materials that Defendant  could use in its operations, enter into contracts on behalf of Defendant or otherwise have  operational control over Defendant’s business operations and practices.  Moreover,  Plaintiff and the Class Members did not perform office or non-manual work directly  related to the management or general business operations of Defendant or its customers,  nor did they exercise discretion and independent judgment with respect to matters of  significance in the conduct of Defendant’s business.   7  Plaintiff and the Class Members worked/work over forty hours per work week and  Defendant fails/failed to pay Plaintiff and the Class Members overtime compensation.  Plaintiff and the Class Members were paid the same amount no matter how many hours  they worked for Defendant.   8  Throughout Plaintiff’s tenure working for Defendant, Service Managers who are subject  to the same pay policy/plan described herein, work/worked overtime hours, and were/are  not compensated in accordance with the FLSA by Defendant.  Over the past three (3)  years there have been other Service Managers who were subject to the same policy and  plan as described herein.  Plaintiff is aware of other individuals who worked for  Defendant within the past three years and were not compensated in accordance with the  FLSA for hours worked in excess of forty-hours per work week.     1  Plaintiff and the Class Members routinely receive instructions as to what jobs are to be  completed and how by their supervisor. Plaintiff and the Class Members are not allowed  to make unilateral decisions about the tasks assigned or the manner in which such tasks  are completed without the approval of their supervisor.   5  Plaintiff and the Class Members were at all times “non-exempt” employees and eligible  to receive overtime pay pursuant to Section 207 of the FLSA.   4  Plaintiff and the Class Members are subject to a single policy and pay plan that they are  paid the same amount no matter how many hours they work.  Defendant had a  plan/policy in place which applied to Plaintiff and the Class Members that they were  misclassified as exempt and thus were not compensated for any hours worked over 40  hours per week.        Plaintiff works as a Service Manager for Defendant Brake Check.  He began working for  Brake Check on May 2016 and is still currently employed.  He is wrongfully classified by  Defendant as exempt from overtime compensation however, he is expected to work and  does in fact work over forty (40) hours per work week.  He reports to and is supervised  by the Store Director, Derrick Carter.  Other individuals who work/worked with Plaintiff,  perform the same or similar job duties and are paid similarly.      Plaintiff and the Class Members input their actual time worked when they clocked in and  out on Defendant’s computer system.  However, on Plaintiff’s pay stub Defendant  changes/changed the hours worked to twelve (12) hours for the entire two-week pay  period at a rate of $100.00 to equal $1,200.00 paid for each two-week pay period, no  matter how many hours were actually worked.  Plaintiff works six (6) days a week.   Plaintiff and the Class Members are not paid for all hours actually worked and do not  receive overtime compensation.     Defendant dictates what hours Plaintiff works, provides the tools for him to do his job,  tells him what work he is required to complete and the specifications on how the work is  to be completed.  On most weeks during his employment over the last three (3) years  Plaintiff worked and continues to work over forty (40) hours per week.  The overtime  hours Plaintiff works are necessary to meet the demands of the job.  On average, Plaintiff  and the Class Members work approximately 30-35 hours per week of overtime.      Defendant controlled all the conditions of Plaintiff’s employment.  Defendant determines  Plaintiff’s pay rate, the schedule he works, and the policies and procedures Plaintiff and  the other Class Members are/were required to follow.     As a Service Manager, Plaintiff’s primary duties include but are not limited to, brake  repairs, alignments, answering phones, ordering parts at the direction of the Store  Director, and completing paperwork related to material ordered from vendors.  Over fifty  percent (50%) of Plaintiff and the Class Members time was spent working on and  repairing cars and trucks, the same functions performed by the technicians.  These same  job duties are also performed by all of Defendant’s Service Managers at every location.       Plaintiff and the Class Member do not; (1) interview or select other employees; (2) set or  adjust the rates of pay and hours of work of other employees; (3) appraise other  employees' productivity and efficiency for the purpose of recommending promotions or  other changes in their status; (4) handle employee complaints and grievances and/or  discipline employees; (5) determine the techniques, policies or procedures to be used or  followed by Defendant’s employees; and/or (6) determine the types of materials,  supplies, machinery, or tools to be used or merchandise to be bought, stocked, and sold.      Plaintiff incorporates the allegations in the preceding paragraph as if fully set forth  herein.     Plaintiff brings this suit as a collective action pursuant to 29 U.S.C. §216(b) on behalf of  himself and all other persons employed by Defendant as Service Managers within three  (3) years from the filing of this suit who, like Plaintiff, (1) have not been compensated for  all hours worked and/or (2) have not been compensated at one and a half times their  regular rate of pay for all hours worked in excess of forty (40) hours in a single work  week.     Defendant’s Service Managers all perform the same/similar essential job functions and  duties, notwithstanding the fact that one employee might have more tenure or experience  than another employee in the same or similar position.  Plaintiff and the Class Members  were also paid in the same manner by Defendant.  Therefore, the Class Members are  similarly situated to Plaintiff.       The damages for each individual can easily be calculated using the same methodology  and formula although the exact amount of the damages may vary.     Defendant possesses the names and addresses of Class Members in its records.  The Class  Members should be allowed to receive notice about this lawsuit and given an opportunity  to join.  Like Plaintiff, these similarly situated workers are entitled to recover their unpaid  wages, overtime wages, liquidated damages, attorneys’ fees and other damages.  Therefore, notice is appropriately sent to the following class:  All Service Managers that worked for Defendant at any of its  locations any time during the three years preceding the filing of this  lawsuit to the present that worked over forty (40) hours in any  workweek.     Defendant misclassified Plaintiff and the Class Members as exempt from receiving  overtime compensation, failed to pay them wages for all hours worked and failed to pay  them overtime wages required by the FLSA for all hours worked over forty (40) hours  per work week.     Plaintiff and the Class Members are entitled to wages for all hours worked, overtime  wages for all hours worked in excess of forty (40) in a workweek, an amount equal to all  of their unpaid wages as liquidated damages, as well as their reasonable and necessary  attorneys’ fees and costs of this action.  29 U.S.C. §216(b).   