(Class Action Alleging Violations of the PWMA)  A.  PMWA COVERAGE  120.  All previous paragraphs are incorporated as though fully set forth herein.  121.  The PMWA Class is defined as:  (Class Action Alleging Violations of the Ohio Acts)  A.  OHIO ACTS COVERAGE   (Collective Action Alleging FLSA Violations)  A.  FLSA COVERAGE    Advanced Oilfield claims to be “a nationally recognized and growth-oriented energy  services company providing critical completion and production related services to Oil & Gas  companies throughout the United States.”3    Specifically, Advanced Oilfield provides construction, maintenance, trucking and  roustabout services nationwide.4    Advanced Oilfield currently has locations and operations in Pennsylvania, West  Virginia, Ohio, North Dakota and Colorado.5    To provide their services, Advanced Oilfield employed numerous workers— including the individuals that make up the putative or potential class. While exact job titles may  differ, these employees were subjected to the same or similar illegal pay practices for similar work in  the oilfield.    Plaintiff Brotherton worked for Advanced Oilfield as a Rig Welder from  approximately November 2014 through September 2015 and again from June 2016 until March  2017.    Plaintiff Brotherton was based out of Advanced Oilfield’s Claysville, Pennsylvania  location, while working in both Pennsylvania and Ohio.    Although it is well-known that blue-collar oilfield workers like Plaintiff and the  Putative Class Members are not exempt from overtime, Advanced Oilfield did not pay Plaintiff and  the Putative Class Members the additional overtime premium required by the FLSA for hours  worked in excess of forty (40) in a workweek.    Plaintiff and the Putative Class Members’ primary job duties included performing  daily checklists, assisting with the preparation of equipment, and performing other oilfield related  functions on various job sites, including for example in the State of Ohio, Pennsylvania, Texas and  throughout the United States.    Upon information and belief, Plaintiff and the Putative Class Members would  conduct their day-to-day activities within mandatory and designed parameters and in accordance  with pre-determined operational plans created by Advanced Oilfield and/or its clients.    Upon further information and belief, Plaintiff and the Putative Class Members’ daily  and weekly activities were routine and largely governed by standardized plans, procedures, and  checklists created by Advanced Oilfield and/or its clients.     Virtually every job function was pre-determined by Advanced Oilfield and/or its  clients, including the tools to use at a job site, the schedule of work, and related work duties.  Plaintiff and the Putative Class Members were prohibited from varying their job duties outside of  the predetermined parameters.     Moreover, Plaintiff and the Putative Class Members’ job functions were primarily  routine and manual labor in nature, requiring little to no official training, much less a college  education or other advanced degree.    Plaintiff and the Putative Class Members’ duties did not (and currently do not)  include managerial responsibilities or the exercise of independent discretion or judgment.    Plaintiff and the Putative Class Members did not (and currently do not) have the  authority to hire or fire other employees, and they were not (and currently are not) responsible for  making hiring or firing recommendations.    Moreover, Plaintiff and the Putative Class Members did not (and currently do not)  supervise two or more employees.    Plaintiff and the Putative Class Members’ duties did not (and currently do not)  concern work directly related to the management or general business operations of Advanced  Oilfield or its customers.    Advanced Oilfield determined the hours Plaintiff and the Putative Class Members  worked.     Advanced Oilfield set Plaintiff and the Putative Class Members’ pay and controlled  the number of hours they worked.    Advanced Oilfield set all employment-related policies applicable to Plaintiff and the  Putative Class Members.     Advanced Oilfield maintained control over pricing and marketing. Defendants also  chose equipment and product suppliers.    Advanced Oilfield owned or controlled the equipment and supplies that Plaintiff and  the Putative Class Members used to perform their work.    Advanced Oilfield made all personnel and payroll decisions with respect to Plaintiff  and the Putative Class Members, including but not limited to, the decision to pay Plaintiff and the  Putative Class Members an hourly wage with no overtime pay.     Advanced Oilfield reimbursed Plaintiff and the Putative Class Members for expenses  and bought or provided tools and equipment that Plaintiff and the Putative Class Members used.     Plaintiff and the Putative Class Members did not employ their own workers.    Plaintiff and the Putative Class Members worked continuously for Advanced Oilfield  on a permanent full-time basis.     Advanced Oilfield, instead of Plaintiff and the Putative Class Members, made the  large capital investments in vehicles, buildings, equipment, tools, and supplies. Moreover, Advanced  Oilfield paid operating expenses like rent, payroll, marketing, insurance, and bills.     Plaintiff and the Putative Class Members relied on Advanced Oilfield for their work.  Plaintiff and the Putative Class Members did not market any business or services of their own.  Instead, Plaintiff and the Putative Class Members worked the hours assigned by Advanced Oilfield,  performed duties assigned by Advanced Oilfield, worked on projects assigned by Advanced Oilfield,  and worked for the benefit of Advanced Oilfield and its customers.    Advanced Oilfield paid Plaintiff and the Putative Class Members on a weekly basis.  Plaintiff and the Putative Class Members did not earn a profit based on any business investment of  their own. Rather, Plaintiff and the Putative Class Members’ only earning opportunity was based on  the number of hours they were allowed to work, which was controlled by Advanced Oilfield and/or  its customers.    Plaintiff and the Putative Class Members’ duties did not (and currently do not)  include managerial responsibilities or the exercise of independent discretion or judgment.    The FLSA, the Ohio Acts and the PMWA mandate that overtime be paid at one and  one-half times an employee’s regular rate of pay.     Under the Ohio Acts overtime shall be paid in the manner and methods provided in  and subject to the exemptions of section 7 and section 13 of the FLSA. O.R.C. § 4111.03(A).    Under the PMWA regular rate shall include all remuneration for employment paid to  or on behalf of the employee, with exceptions that are inapplicable here. 34 Pa. Code § 231.43.    Advanced Oilfield denied Plaintiff and the Putative Class Members overtime pay as a  result of a widely applicable, illegal pay practice. Plaintiff and the Putative Class Members regularly  worked in excess of forty (40) hours per week but never received overtime compensation.    Advanced Oilfield applied this pay practice despite clear and controlling law that  states that the manual labor/technical, routine duties which were performed by Plaintiff and the  Putative Class Members consisted of non-exempt work.    Accordingly, Advanced Oilfield’s pay policies and practices blatantly violated (and  continue to violate) the FLSA, the Ohio Acts and the PMWA.  V.   All previous paragraphs are incorporated as though fully set forth herein.    All previous paragraphs are incorporated as though fully set forth herein.    Pursuant to 29 U.S.C. § 216(b), this collective claim is made on behalf of all those  who are (or were) similarly situated to Plaintiff.    Other similarly situated employees have been victimized by Advanced Oilfield’s  patterns, practices, and policies, which are in willful violation of the FLSA.    The FLSA Collective Members are defined in Paragraph 60.    Thus, Plaintiff’s experiences are typical of the experiences of the FLSA Collective  Members.    The specific job titles or precise job requirements of the various FLSA Collective  Members does not prevent collective treatment.    All of the FLSA Collective Members—regardless of their specific job titles, precise  job requirements, rates of pay, or job locations—are entitled to be properly compensated for all  hours worked in excess of forty (40) hours per workweek.    Although the issues of damages may be individual in character, there is no detraction  from the common nucleus of liability facts. Indeed, the FLSA Collective Members are blue-collar  oilfield workers entitled to overtime after forty (40) hours in a week.    Advanced Oilfield employed a substantial number of similarly situated workers since  June 21, 2014. Upon information and belief, these workers are geographically dispersed, residing and  working in locations across the United States. Because these workers do not have fixed work  locations, they may work in different states across the country in the course of a given year.    Absent a collective action, many members of the proposed FLSA collective likely  will not obtain redress of their injuries and Advanced Oilfield will retain the proceeds of its rampant  violations.    Moreover, individual litigation would be unduly burdensome to the judicial system.  Concentrating the litigation in one forum will promote judicial economy and parity among the  claims of the individual members of the classes and provide for judicial consistency.    All previous paragraphs are incorporated as though fully set forth herein.    The Ohio Acts Class is defined as: 