 The exact number of FLSA Collective members is unknown to plaintiffs at this  time, but there are believed to be at least 25 such persons who have been victims of defendants’  common policy and practices that have violated their rights under the FLSA by willfully denying  them overtime pay and other wages.      The identities of the FLSA Collective members are known to the defendants and  is contained in the employment records that the defendants are required to create and maintain  pursuant to the FLSA and NJWHL.    As part of their regular business practice, defendants have intentionally, willfully,  and repeatedly harmed the FLSA Collective by engaging in a pattern, practice, and/or policy of  violating the FLSA.      This policy, pattern, or practice includes, inter alia, failing to pay overtime at the  rate of one and one-half times the FLSA Collective’s regular hourly rate for hours worked in  excess of 40 in a workweek.    Defendants’ unlawful conduct has been intentional, willful, and in bad faith and  has caused significant damage to the FLSA Collective.           Defendants did not keep complete records, as required by law, of hours worked  and wages earned by the plaintiffs and the FLSA Collective.    Silva brings the Second Claim and both named plaintiffs bring the Third Claim  against defendants as a class action for unpaid minimum wage and unpaid overtime on behalf of  themselves and other employees similarly situated pursuant Rule 23(b)(2) and (b)(3) of the  Federal Rules of Civil Procedure and pursuant to N.J.S.A. 34:11-56a25. N.J.S.A. 34:11-56a25  provides in pertinent part, “An employee shall be entitled to maintain the action for and on  behalf of himself or other employees similarly situated, and such employee and employees may  designate an agent or representative to maintain such action for and on behalf of all employees  similarly situated.”     Plaintiffs are a member of a class of employees of similarly situated individuals  which includes current and former non-tipped, non-exempt restaurant employees, including  Chefs, Cooks, Salad Preparers, Food Preparers, Pizza Makers and Dishwashers employed by  defendants at Buongusto at any time, during the period permitted by N.J.S.A. 34:11-56a25.1  prior to the filing of the action through entry of judgment in this action (the “New Jersey Class”).    The identities of the New Jersey Class members are known to the defendants and  are contained in the employment records that the defendants are required to create and maintain  pursuant to the FLSA and NJWHL.    Plaintiffs are similarly situated to the New Jersey Class because plaintiffs and the  New Jersey Class performed similar work under similar terms and conditions of employment,  and sustained similar damages arising out of defendants’ policies and conduct in violation of the   At all relevant times, Ghobrial operated and managed Buongusto.    At all relevant times, Youssef operated and managed Buongusto.    At all relevant times, Habib operated and managed Buongusto.    Throughout her employment, Silva’s primary duties included slicing tomatoes,  preparing pizza dough and preparing the pizza sauce.      Throughout his employment, Salmeron’s primary duties included preparing for  and making the meatballs, pasta, chicken, salad, wraps and paninis.      At all relevant times, defendants recorded plaintiffs’ and other restaurant workers’  hours of work first by having the workers orally notifying the managers when they arrived at the  restaurant and when they were leaving the restaurant, which the managers recorded. Thereafter,  in or about 2018, a Point of Sale (POS) electronic system was installed at Buongusto, which  recorded hours of work for each restaurant worker.    At all relevant times, plaintiffs and other restaurant workers typically worked 74  hours per workweek.    Throughout their employment, plaintiffs and other restaurant workers generally  worked six days per week with the following, or close to the following schedule: Sunday through  Thursday, 10:00 a.m. to 10:00 p.m. and Friday through Saturday 10:00 a.m. to 11:00 p.m., with  one day off per week.    Plaintiffs and other restaurant workers did not receive any uninterrupted meal or  rest breaks during the workday. Any food eaten was done so while working.    The pay period at Buongusto was from Monday to Sunday. Non-Tipped  restaurant workers were generally paid once a week on Tuesdays.    All of the restaurant workers, except for the pizza makers, were paid on a flat  salary basis, regardless of the number of hours they worked in a week. Pizza makers were paid  on an hourly basis the same hourly rate, regardless of the number of hours they worked in a work  week.    Effective January 1, 2015, the New Jersey minimum wage became $8.38, and  effective January 1, 2017, the New Jersey minimum wage became $8.44. Effective January 1,  2018, the New Jersey minimum wage became $8.60, and effective July 1, 2019, the New Jersey  minimum wage became $10.00.    Silva was initially paid $550 per week, which increased over time to $700 per  week for all hours worked, all in violation of the applicable New Jersey state minimum wage  rate.    Defendants failed to pay plaintiffs and other restaurant workers overtime pay at  one and one half (1 ½) times their hourly rate for hours worked in excess of 40 per workweek.      Defendants failed to pay plaintiffs New Jersey and federal overtime for each and  every pay period they worked at the Buongusto beginning June 2017 to September 2019.      Examples of such weekly pay periods in 2019 include pay periods ending on  March 4, May 20, June 24, August 19, and October 7, 2019.     Examples of such weekly pay periods in 2018 include pay periods ending on  March 5, May 21, June 18, August 27, and October 1, 2018.     In each of the identified pay periods above, plaintiffs worked at least 74 hours.       Defendants did not provide the plaintiffs or the other restaurant workers any  written notification of the hours they worked or wages paid in a workweek.     Defendants have violated the recordkeeping requirements of the FLSA, 29 U.S.C.  §211(c), N.J.S.A. 34:11-56a20 and N.J.A.C. 12:56-4.1 and 4.2    Defendants failed to post, in a conspicuous, unobstructed place, pursuant to  N.J.S.A. 34:11-56a21, the “New Jersey State Wage and Hour Law Abstract,” prescribed by the  NJDOL, setting forth the state minimum wage and overtime requirements in English and  Spanish.     Defendants failed to post in a conspicuous, unobstructed, place pursuant to 29  C.F.R. §516.4, a poster prescribed by the U.S. Department of Labor, Wage and Hour Division,  setting forth federal minimum wage and overtime requirements in English and Spanish. 