 Chemmis Porter was an employee of RST Global Solutions Gulf of  Mexico LLC, at its location in Sugarland, Texas.      Chemmis Porter was not an independent contractor.    No exemption to the provisions of the FLSA excused defendants from its  obligation under the FLSA to pay Chemmis Porter time and a half for the hours worked  past forty (40) each week while employed by defendants.  4	   RST Global Solutions Gulf of Mexico LLC. paid Plaintiff Chemmis Porter  a day rate, not time and a half, for the hours he worked above forty (40) during his  employment with defendants.    Chemmis Porter was employed by Defendants as a Trainer and Instructor  from August 2015 to present throughout the course and scope of his employment,  Plaintiff trained oil and gas workers and performed manual labor.    The work performed by Plaintiff was the primary type of work that the  companies provide for their respective customers.    The work performed by Plaintiff is an essential part of the services  provided for Defendants’ Customers.       RST Global Solutions Gulf of Mexico LLC., Trainers and Instructors  relied on Defendants for their work.      RST Global Solutions Gulf of Mexico LLC., determined where its  Trainers and Instructors worked and how they performed their duties.    RST Global Solutions Gulf of Mexico LLC., set Trainers’ and Instructors’  hours and requires them to report to work on time and leave at the end of their scheduled  hours.      RST Global Solutions Gulf of Mexico LLC., Trainers’ and Instructors’ at  all locations work exclusively for RST Global Solutions Gulf of Mexico LLC., since they  work at least 12 hours a day, as a practical matter, they cannot work anywhere else.    Trainers and Instructors are not permitted to hire other workers to perform  their jobs for them.    The Trainers and Instructors do not employ staff, nor do they maintain  independent places of business.  5	   Trainers and Instructors employed by defendants are paid based upon the  hours they work.  They cannot earn a “profit” by exercising managerial skill, and they are  required to work the hours required by RST Global Solutions Gulf of Mexico LLC each  day.      The Trainers and Instructors employed by Defendants cannot suffer a loss  of capital investment.  Their only earning opportunity is based on the number of hours  they were told to work, which is controlled exclusively by RST Global Solutions Gulf of  Mexico LLC.    RST Global Solutions Gulf of Mexico LLC pays Trainers and Instructors  in return for their labor.        RST Global Solutions Gulf of Mexico LLC deducted taxes from the  paychecks of Plaintiff and similarly situated employees.    RST Global Solutions Gulf of Mexico LLC. keeps records of the hours it  instructed its Trainers and Instructors to work.  It also keeps records of the amount of pay  plaintiffs and putative class members receive.  Plaintiffs and putative class members were  paid directly via bi-weekly paycheck.      Despite knowing of the FLSA’s requirements and that Plaintiff and  putative class members regularly worked more than 40 hours in a workweek, Defendant  paid them straight time instead of time and a half for the overtime hours that they  worked.    Plaintiff and putative class members seek unpaid overtime wages for the  three year period of time preceding the filing of this lawsuit.    In addition to Chemmis Porter, defendants employed dozens of other  Trainers and Instructors at the location where Plaintiff worked and at other locations.  6	 These employees worked over forty hours per week and were paid a day rate instead of  time and a half for overtime hours worked.  These FLSA Class Members performed  similar job duties and they were subjected to the same unlawful policies.  The FLSA  Class Members are similarly situated to Chemmis Porter.    The FLSA Class Members should be notified of this action and given the  chance to join pursuant to 29 U.S.C. § 216(b).  Therefore, the class is properly defined as:  All Trainers and Instructors hired and employed by RST Global  Solutions Gulf of Mexico LLC. at all of its locations throughout the  United States while receiving a day rate instead of time and a half  for overtime hours worked in the last three years.   By failing to pay Plaintiff and the FLSA Class Members overtime at one  and one-half times their regular rates, RST Global Solutions Gulf of Mexico LLC.  violated the FLSA.     RST Global Solutions Gulf of Mexico LLC.  owes Plaintiff and the FLSA  Class Members overtime wages equal to one-half their regular rates for each overtime  hour worked during the last three years.    RST Global Solutions Gulf of Mexico LLC. knew, or showed reckless  disregard for whether, its failure to pay overtime violated the FLSA.  Its failure to pay  overtime to Plaintiff and the FLSA Class Members is willful.    RST Global Solutions Gulf of Mexico LLC owes Plaintiff and the FLSA  Class Members for an amount equal to all unpaid overtime wages as well as liquidated  damages.    Plaintiff and the FLSA Class Members are entitled to recover all  reasonable attorneys’ fees and costs incurred in this action. 