(VIOLATION OF THE FAIR STANDARDS ACT, FAILURE TO PAY OVERTIME)  (On behalf of the Plaintiffs and the FLSA Collective)   The named Plaintiffs and members of the proposed FLSA Collective and Rule 23 Class  are individuals, who were, or are employed by the Defendant, as School Bus Drivers  ("Employees"); and their job duties, as drivers, are non-exempt; and in fact, the Defendant  has paid time and one half of the Employees' regular hourly rate, for a portion of their  hours worked on a weekly basis.   The named Plaintiffs and members of the proposed FLSA Collective and Rule 23 Class  are, and were, paid at the normal rate of $14.00, per hour for their work as School Bus  Drivers; and for a portion of their hours worked in excess of forty (40) hours in any work  week, they were paid in accordance with the FLSA premium rate, time and one half of their  regular hourly rate, for all hours worked in excess of the regular rate, in any particular work  week.   The named Plaintiffs and members of the proposed FLSA Collective and Rule 23 Class  worked, on average, fifty (50) hours per week; however, for each additional ten (10) hour  overtime period per week, they would only be paid three (3) hours of overtime  compensation; and for the remaining seven (7) hours of overtime worked per week, they  would be paid straight time.   Although the SCHOOL BOARD classified the Employees as non-exempt workers, the  named Plaintiffs and members of the proposed FLSA Collective and Rule 23 Class are,  and were, permitted and authorized, to work on average, fourteen (14) overtime hours,  during any two (2) week pay period; without overtime pay.   Defendant was aware, or should have been aware, that the named Plaintiffs and members  of the proposed FLSA Collective and Rule 23 Class, performed non-exempt work, during  these additional fourteen (14) overtime times hours, which were performed by the  Employees, during any two (2) week pay period.   The named Plaintiffs bring this Complaint on behalf of themselves and all similarly  situated individuals. The Proposed FLSA Collective Class is defined as follows:  All persons who worked in the position of School Bus Driver for the School Board of Palm  Beach County, Florida, at any time in the two years prior to the filing of this Complaint.   The named Plaintiffs have consented in writing, to be part of this action, pursuant to 29  U.S.C. Section 216(b); and Plaintiffs' signed consent forms are attached hereto, as  The named Plaintiffs bring this Complaint, on behalf of themselves, and all similarly  situated individuals. The proposed Rule 23 Class is defined as follows:  All persons who worked in the position of School Bus Driver for the School Board of Palm  Beach County, Florida, at any time in the two years prior to the filing of this Complaint.   The persons in the proposed Rule 23 Class are so numerous that joinder of all of the  proposed Rule 23 Class members is impracticable.   There are questions of law and fact common to the proposed Rule 23 Class that  predominate over any questions solely affecting individual members of the proposed Class,  including, but not limited to:  a. Whether Defendant violated the FLSA, by failing to pay the Employees  overtime compensation for all hours worked in excess of forty hours in any  individual work week;  b.  Whether the Defendant knew that the Employees were not being paid overtime  pay, for all hours worked in excess of forty hours per week, in any work week;  c.  The proper measure of damages for the representative Plaintiffs are typical of  the claims of the class;  d.  Whether the representative parties will fairly and adequately protect the  interests of the class; and  e.  Whether the Defendant should be enjoined from such violations in the future.   The named Plaintiffs' claims are typical of those of the proposed Rule 23 Class; Plaintiffs,  like other members of the Rule 23 Class, worked as School Bus Drivers for the Defendant;  and furthermore, Plaintiffs, like other members of the Rule 23 Class, were not paid  overtime compensation for approximately fourteen (14) hours of overtime work, during  any applicable pay period, or for approximately seven (7) hours of overtime work in any  work week.   This action is properly maintainable as a class action under Fed.R.Civ.P. 23 (b)(l')(A)  because prosecuting separate actions by individual class members would create a risk of  inconsistent or varying adjudications with respect to individual class members that would  establish incompatible standards of conduct for the Defendant.   This action is properly maintainable as a class action under Fed.R. Civ.P. 23 (b)(2) because  the Defendant has acted or refused to act on grounds generally applicable to the class,  thereby making appropriate final injunctive relief, or corresponding declaratory relief with  respect to the class as a whole.   This action is properly maintainable as a class action under Fed.R. Civ.P. 23 (b)(3) because  questions of law or fact predominate over any questions affecting individual class  members, and a class action is superior to other methods in order to ensure a fair and  efficient adjudication of this controversy because, in the context of wage and hour  litigation, individual plaintiffs lack the financial resources to vigorously prosecute separate  lawsuits against large employers.   Class action litigation is also superior because it will preclude the need for unduly  disruptive litigation resulting in inconsistent judgments pertaining to Defendant's policies  and practices.   The named Plaintiffs restate and re-aver the allegations of Paragraphs 1-46 of the  Complaint, as if fully set forth herein.   The FLSA, 29 U.S.C. Section 207, requires employers to pay non-exempt employees one  and one-half times the regular rate of pay for all hours worked over forty (40) hours per  work week.    As described in the preceding paragraphs, Defendant permitted the named Plaintiffs and  the FLSA Collective to work more than forty hours per week; and Plaintiffs and the FLSA  Collective were not fully compensated for all hours worked in excess of forty (40) hours  per week, in any particular work week.   The named Plaintiffs and the FLSA Collective are not exempt from the overtime  requirements of the FLSA, see, 29 U.S.C. Section 213.   Defendant's actions, policies and practices as described herein, violate the FLSA's  overtime requirement by regularly and repeatedly failing to compensate Plaintiffs and the  FLSA Collective at the required overtime rate.    As a direct and proximate cause of the Defendant's unlawful conduct, the named Plaintiffs  and the FLSA Collective have suffered and will continue to suffer a loss of income and  other damages.   The foregoing conduct, as alleged, constitutes a willful violation of the FLSA within the  meaning of 29 U.S.C. Section 255 (a); Defendant knew or showed reckless disregard for  the fact that its compensation policies and practices were in violation of the FLSA.  FLORIDA,  CASE NO.  COLLECTIVE AND CLASS 