Plaintiff brings claims for relief as a collective action pursuant to FLSA Section  16(b), 29 U.S.C. § 216(b), on behalf of all non-exempt persons employed by Defendants on or  after the date that is six years before the filing of the Complaint in this case as defined herein  (“FLSA Collective Plaintiffs”).   At all relevant times, Plaintiff and the other FLSA Collective Plaintiffs are and have  been similarly situated, have had substantially similar job requirements and pay provisions, and  are and have been subjected to Defendants’ decisions, policies, plans, programs, practices,  procedures, protocols, routines, and rules, all culminating in a willful failure and refusal to pay  4  them minimum wage and overtime premium at the rate of one and one half times the regular rate  for work in excess of forty (40) hours per workweek.  The claims of Plaintiff stated herein are  essentially the same as those of the other FLSA Collective Plaintiffs.     The claims for relief are properly brought under and maintained as an opt-in  collective action pursuant to §16(b) of the FLSA, 29 U.S.C. 216(b). The FLSA Collective  Plaintiffs are readily ascertainable. For purposes of notice and other purposes related to this  action, their names and addresses are readily available from the Defendants. Notice can be  provided to the FLSA Collective Plaintiffs via first class mail to the last address known to  Defendants.  In or about April 2015, Plaintiff JIMENEZ was hired by Defendants and/or their  predecessors, as applicable, to work as a sales representative for Defendants’ jewelry shop  located at 1204 Broadway, New York, New York, 10001.     Plaintiff JIMENEZ worked for Defendants until on or about November 5, 2018.   During his employment, Plaintiff JIMENEZ worked over forty (40) hours per week.   Specifically, Plaintiff worked the following schedule:  a) From the beginning of his employment until on or about December 31, 2017,  Plaintiff worked from 8:30 a.m. until 6:30 p.m. for six (6) days a week, for total  of sixty (60) hours each week.    b) From on or about January 1, 2018 until November 5, 2018, Plaintiff worked from  9 a.m. until 6:30 p.m. for four (4) days a week, and from 11:00 a.m. until 6:30  p.m. for one (1) day a week, for a total of forty-five and half (45.5) hours each  week.   5   Plaintiff JIMENEZ received his compensation on a fixed salary basis at the following  rates:  a) From the beginning of his employment until on or about December 31, 2015,  Plaintiff was paid daily rate of $95;   b) From on or about January 1, 2016 until on or about December 31, 2016, Plaintiff  was paid daily rate of $100; and   c) From on or about January 1, 2017 until November 5, 2018, Plaintiff was paid  daily rate of $115.    There was never any agreement that Plaintiff’s fixed salary was intended to cover his  overtime compensation.    During her employment by Defendants, Plaintiff regularly worked shifts exceeding  ten (10) hours in duration. However, she never received any spread-of-hours premium for  working such shifts, as required under the New York Labor Law.   During his employment, Plaintiff received his compensation entirely in cash and was  never provided with a pay stub from Defendants.     Defendants knowingly and willfully operated their business with a policy of not  paying Plaintiff and FLSA Collective Plaintiffs the FLSA overtime rate (of time and one-half) or  the New York State overtime rate (of time and one-half).   Defendants knowingly and willfully operated their business with a policy of not  paying the New York State minimum wage to the Plaintiff and FLSA Collective Plaintiffs.   Defendants unlawfully failed to pay Plaintiff and other non-exempt employees  spread-of-hours premium for working shifts exceeding ten (10) hours in duration, as required  under the New York Labor Law.  6   Defendants knowingly and willfully operated their business with a policy of not  paying full wages to Plaintiff.   Defendants knowingly and willfully operated their business with a policy of not  providing a proper wage notice to Plaintiff and other non-exempt employees at the beginning of  employment and anytime thereafter, in violation of the New York Labor Law.   Defendants knowingly and willfully operated their business with a policy of not  providing a proper wage statement to Plaintiff and the FLSA Collective Plaintiffs, in violation of  the New York Labor Law.    Plaintiff retained Lee Litigation Group, PLLC to represent him and other employees  similarly situated in this litigation and have agreed to pay the firm a reasonable fee for its  services.  Plaintiff realleges and reaver Paragraphs 1 through 28 of this Complaint as if fully set  forth herein.   At all relevant times, upon information and belief, Defendants were and continue to  be employers engaged in interstate commerce and/or the production of goods for commerce  within the meaning of the FLSA, 29 U.S.C. §§ 206(a) and 207 (a).  Further, Plaintiff is covered  individuals within the meaning of the FLSA, 29 U.S.C. §§ 206(a) and 207 (a).   At all relevant times, Defendants employed Plaintiff within the meaning of the FLSA.   Upon information and belief, at all relevant times, Corporate Defendant LX 1204  JEWELRY INC had gross revenues in excess of $500,000.  7   At all relevant times, Defendants had a policy and practice of refusing to pay  overtime compensation at the statutory rate of time and one-half to Plaintiff and FLSA Collective  Plaintiffs for their hours worked in excess of forty hours per workweek.   At all relevant times, the Defendants had a policy and practice of refusing to pay the  statutory minimum wage to Plaintiff and FLSA Collective Plaintiffs for their hours worked.   Records, if any, concerning the number of hours worked by Plaintiff and FLSA  Collective Plaintiffs and the actual compensation paid to Plaintiff and FLSA Collective Plaintiffs  are in the possession and custody of the Defendants. Plaintiff and FLSA Collective Plaintiffs  intend to obtain these records by appropriate discovery proceedings to be taken promptly in this  case and, if necessary, will then seek leave of Court to amend this Complaint to set forth the  precise amount due.   Defendants knew of and/or showed a willful disregard for the provisions of the FLSA  as evidenced by their failure to compensate Plaintiff and FLSA Collective Plaintiffs at the  statutory rate of time and one-half for their hours worked in excess of forty (40) hours per week  when Defendants knew or should have known such was due.   Defendants failed to properly disclose or apprise Plaintiff of his rights under the  Plaintiff realleges and reaver Paragraphs 1 through 39 of this Complaint as if fully set  forth herein.   At all relevant times, Plaintiff was employed by the Defendants within the meaning of  the New York Labor Law, §§2 and 651.    Defendants willfully violated Plaintiff’s rights by failing to pay Plaintiff overtime  compensation at rates not less than one and one-half times the regular rate of pay for each hour  worked in excess of forty hours in a workweek.   Defendants willfully violated Plaintiff’s rights by failing to pay Plaintiff minimum  wages in the lawful amount for hours worked.   Defendants willfully violated Plaintiff’s rights by failing to pay “spread-of-hours”  premium to Plaintiff for each workday that exceeded ten (10) or more hours.    Defendants knowingly and willfully operated their business with a policy of not  providing a proper wage statement to Plaintiff and other non-exempt employees, in violation of  the New York Labor Law.   Defendants knowingly and willfully operated their business with a policy of not  providing a proper wage notice to Plaintiff and other non-exempt employees at the beginning of  employment and annually thereafter, in violation of the New York Labor Law.   Defendants willfully violated Plaintiff’s rights by paying him on a salary basis,  because Plaintiff is a non-exempt employee who must be paid on an hourly basis under the New  York Labor Law.  9   Due to the Defendants’ New York Labor Law violations, Plaintiff is entitled to  recover from Defendants his unpaid overtime, unpaid minimum wages, unpaid spread-of-hours,  statutory penalties, damages for unreasonably delayed payments, reasonable attorneys’ fees, and  costs and disbursements of the action.    VIOLATION OF THE NEW YORK LABOR LAW    VIOLATION OF THE FAIR LABOR STANDARDS ACT  