 To complete its business objectives, Ascent hires personnel, such as Rhiel, to  perform services on its oil and gas ventures.    Ascent does not hire these workers on a project-by-project basis.    Rather, Ascent hires and treats these workers just like regular, even if sometimes  short-term, employees.    Many of these individuals worked for Ascent on a day rate basis (without overtime  pay).     These workers make up the proposed collective of Day Rate Workers.       While exact job titles and job duties may differ, these employees are subjected to  the same or similar illegal pay practices for similar work.    For example, Rhiel worked for Ascent as an Operator from approximately May  2018 until March 2019.    From May 2018 until October 2018, Rhiel was paid a flat rate for each day worked  regardless of the total hours worked in a day or week with no overtime compensation (“day rate  pay plan”) and was classified as an independent contractor.    In October 2018, Ascent reclassified Rhiel as an employee and started paying him  on an hourly basis.    Rhiel and the Day Rate Workers worked for Ascent under its day rate pay scheme.    Rhiel and the Day Rate Workers did not receive a salary as required to be exempt  under the FLSA or the Ohio Wage Acts.    If Rhiel and the Day Rate Workers did not work, they did not get paid.    This is despite the fact Rhiel and the Day Rate Workers often worked more than  12 hours a day, for 7 days a week, for weeks at a time.    Although he typically worked 2 days a week, for more than 12 hours a day, Rhiel  did not receive any overtime pay.    Rhiel and the Day Rate Workers received the day rate regardless of the number of  hours they worked in a week, even when they worked more than 40 hours.    Rhiel’s work schedule is typical of the Day Rate Workers.     Ascent knows Rhiel and the Day Rate Workers work for more than 12 hours a day,  for 7 days a week.    Ascent’s records reflect the fact that Rhiel and the Day Rate Workers regularly work  far in excess of 40 hours in certain workweeks.     Ascent does not pay Rhiel or the Day Rate Workers overtime for hours worked in  excess of 40 in any of those weeks.    Instead, Ascent pays Rhiel and the Day Rate Workers on a day rate basis.    Rhiel and the Day Rate Workers are not employed on a salary basis.     Rhiel and the Day Rate Workers do not, and have never, received guaranteed  weekly compensation from Ascent irrespective of the day worked (i.e., the only compensation  they receive is the day rate they are assigned for all hours worked in a single day or week).    Ascent knew Rhiel and the Day Rate Workers worked more than 40 hours in a  week.    Ascent controls Rhiel and the Day Rate Workers’ work.    Ascent requires Rhiel and the Day Rate Workers to follow Ascent’s policies and  procedures.    Rhiel and the Day Rate Workers’ work must adhere to the quality standards put in  place by Ascent.    Rhiel and the Day Rate Workers are not required to possess any unique or  specialized skillset (other than that maintained by all other workers in their respective positions)  to perform their job duties.    As an Operator, Rhiel’s primary responsibilities included going to wellsites and  conducting preventative maintenance in accordance with Ascent’s policies and procedures.    Without the job performed by Rhiel and the Day Rate Workers, Ascent would not  be able to complete its business objectives.    Rhiel and the Day Rate Workers relied on Ascent for work and compensation.     Rhiel and the Day Rate Workers worked in accordance with the schedule set by  Ascent.     Rhiel and the Day Rate Workers cannot subcontract out the work they are assigned  by Ascent.     Rhiel and the Day Rate Workers must follow Ascent’s policies and procedures.     Rhiel and the Day Rate Workers did not substantially invest in the tools required  to complete the overall job to which they were assigned.     Rhiel and the Day Rate Workers did not possess any specialized or unique skill set.     Rhiel and the Day Rate Workers did not market their services while employed by  Ascent.     Rhiel and the Day Rate Workers worked exclusively for Ascent during the relevant  period.     Rhiel and the Day Rate Workers did not incur operating expenses like rent, payroll,  marketing, and/or insurance.     Ascent set Rhiel and the Day Rate Workers’ work schedule, which prohibited them  from working other jobs for other companies while working on jobs for Ascent.    At all relevant times, Ascent maintained control, oversight, and direction of Rhiel  and the Day Rate Workers, including, but not limited to, hiring, firing, disciplining, timekeeping,  payroll, and other employment practices.     Ascent knew Rhiel, and other Day Rate Workers, worked more than 40 hours in a  week.    Ascent knew, or showed reckless disregard for whether, the Day Rate Workers were  not exempt from the FLSA or the Ohio Wages Acts’ overtime provisions.    Nonetheless, Ascent failed to pay Rhiel and the Day Rate Workers overtime.      Ascent’s failure to pay overtime compensation to these employees was neither  reasonable, nor was the decision not to pay these employees overtime made in good faith.    Ascent willfully violated the FLSA and the Ohio Wages Acts.    Rhiel brings his claim under the Ohio Wages Acts as a Rule 23 class action.    The conduct alleged violates the Ohio Wages Acts.    At all relevant times, Ascent was subject to the requirements of the Ohio Wages  Acts.    The Ohio Wage Acts requires employers like Ascent to pay employees at 1.5 times  their regular rate of pay for hours worked in excess of 40 in any week.    Rhiel and the Ohio Day Rate Workers are entitled to overtime under the Ohio  Wage Acts.    Ascent has and has had a policy and practice (its day rate pay plan) that failed to  pay Rhiel and the Ohio Day Rate Workers overtime for hours worked in excess of 40 in a  workweek.    Rhiel and the Ohio Day Rate Workers seek unpaid overtime in amount equal to 1.5  times their regular rates of pay for work performed in excess of 40 in a workweek, prejudgment  interest, all available penalty wages, and such other legal and equitable relief as the Court deems  just and proper.    Rhiel and the Ohio Day Rate Workers also seek recovery of attorneys’ fees, costs,  and expenses of this action, to be paid by Ascent, as provided by the Ohio Wage Acts.   Rhiel brings this claim as a class and collective action under the FLSA and Ohio  Wage Acts.    The Day Rate Workers were victimized by Ascent’s day rate pay plan which is in  willful violation of the FLSA and Ohio Wage Acts.    Other Day Rate Workers worked with Rhiel and indicated they were paid in the  same manner (a day rate with no overtime) and performed similar work.    OHIO WAGE ACT VIOLATIONS  