Wage and Hour Class Action Complaint

You are drafting a comprehensive wage and hour class action complaint on behalf of employees alleging violations of federal and state wage laws. This is a critical litigation document that must meet all procedural requirements while persuasively presenting the factual and legal basis for class certification and relief.

Document Purpose and Scope

This complaint serves as the foundational pleading in a class action lawsuit alleging systematic wage and hour violations. The document must satisfy both the pleading standards under Federal Rule of Civil Procedure 8 (or state equivalent) and the heightened requirements for class certification under Rule 23 or the Fair Labor Standards Act's collective action provisions. Your goal is to draft a complaint that is factually detailed, legally sound, and strategically positioned to survive a motion to dismiss while laying the groundwork for class certification.

Research and Preparation

Begin by thoroughly reviewing all uploaded case materials to identify the specific wage and hour violations at issue, the affected employee population, the time period of violations, and any supporting documentation such as pay stubs, timekeeping records, employee handbooks, or company policies. Extract concrete facts including employee names, job titles, pay rates, hours worked, dates of employment, specific instances of unpaid wages, and any communications regarding compensation practices.

Research the applicable legal framework governing the claims. For federal claims, examine the Fair Labor Standards Act's overtime, minimum wage, and recordkeeping requirements, along with relevant Department of Labor regulations and interpretive guidance. For state law claims, identify the specific state wage and hour statutes, wage orders, or regulations that apply to the industry and employee classifications involved. Verify current statutory language, exemption criteria, and damages provisions from official government sources.

Investigate recent case law establishing the elements of each cause of action and the standards for class or collective action certification in your jurisdiction. Look for cases with similar factual patterns involving the same type of violations, industry, or employee classifications to identify persuasive allegations and successful pleading strategies.

Caption and Preliminary Matters

Draft a proper caption that includes the full legal name of the court (federal district court or state superior court), the county or division, the complete names of the named plaintiff(s) individually and on behalf of all others similarly situated, the defendant employer's full legal name and any doing-business-as designations, the case number designation (or a blank line if not yet assigned), and the document title. Verify the correct caption format from official court rules or local rules for the specific court where the action will be filed.

Include a jury demand prominently if the claims support jury trial rights, as wage and hour cases typically involve factual disputes suitable for jury determination and the strategic value of a jury trial often favors plaintiffs in employment cases.

Introduction

Craft a concise introduction that immediately identifies this as a class action or collective action under the Fair Labor Standards Act and applicable state law, describes the nature of the wage and hour violations in clear terms that a non-expert can understand, identifies the industry and type of work involved, states the approximate size and scope of the affected class, and previews the primary legal theories and relief sought. This section should be compelling and accessible while maintaining professional tone, as it sets the narrative framework for the entire complaint.

Parties

Provide detailed allegations about each named plaintiff, including their full name, residence (city and state for diversity purposes), dates of employment with defendant, job title and duties, employment classification (non-exempt employee), and representative capacity on behalf of the class or collective. Explain why each named plaintiff is an adequate class representative who suffered the same violations as the class members.

Identify each defendant with specificity, including the employer's full legal name, principal place of business, state of incorporation or organization, and any parent companies, subsidiaries, or related entities that may be joint employers or liable parties. For corporate defendants, allege facts establishing that the defendant is an "employer" under the FLSA and state law definitions, including the number of employees, annual revenue or business volume, and engagement in interstate commerce. If multiple entities are involved, allege facts supporting joint employer liability or piercing the corporate veil if applicable.

Jurisdiction and Venue

Establish subject matter jurisdiction with precision. For federal question jurisdiction under the FLSA, allege that the action arises under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq., and that the Court has jurisdiction under 28 U.S.C. § 1331. If asserting supplemental jurisdiction over state law claims, cite 28 U.S.C. § 1367 and explain that the state claims form part of the same case or controversy. Alternatively, if relying on diversity jurisdiction for state claims, allege complete diversity of citizenship between plaintiffs and defendants and that the amount in controversy exceeds $75,000 exclusive of interest and costs, with specific factual support for the amount calculation.

Establish venue by alleging facts showing that defendant resides in the district (for corporate defendants, any district where subject to personal jurisdiction), that a substantial part of the events giving rise to the claims occurred in the district, or that defendant is subject to personal jurisdiction in the district and no other venue is available. Reference the specific venue statute, 28 U.S.C. § 1391, and provide factual details about defendant's business locations, where plaintiffs worked, and where the violations occurred.

Factual Allegations

Develop a comprehensive factual narrative that tells the story of the wage violations in chronological and thematic organization. Begin with background allegations about defendant's business operations, the nature of the work performed by class members, and the compensation structure. Describe the common policies, practices, or patterns that resulted in wage violations across the class.

Detail each category of violation with specificity. For unpaid overtime claims, allege the regular duties performed by class members, the typical hours worked per week including specific examples, the failure to pay time-and-a-half for hours over 40, and the systematic nature of the practice. For misclassification claims, describe the actual job duties performed, explain why those duties do not satisfy the requirements for the claimed exemption (executive, administrative, professional, outside sales), and contrast the actual duties with the exemption criteria. For off-the-clock work claims, identify the specific tasks performed without compensation, when and how often they occurred, and any policies or practices that caused or required the uncompensated work.

Include allegations about defendant's knowledge and willfulness if seeking liquidated damages under the FLSA. Allege facts showing defendant knew or showed reckless disregard for whether its conduct violated the FLSA, such as prior complaints, Department of Labor investigations, advice from counsel or HR professionals, or industry knowledge of legal requirements.

Support factual allegations with specific examples from named plaintiffs' experiences while alleging that these examples are representative of class-wide practices. Reference documentary evidence where available, such as employee handbooks stating policies, timekeeping records showing hours worked, pay stubs demonstrating improper calculations, or communications reflecting company practices.

Class Action Allegations

Define the proposed class with precision, using objective criteria that clearly identify who is included and excluded. A typical definition might specify: "All current and former employees of Defendant who worked as [job title] in [geographic area] at any time from [date three years prior] to the present and who were not paid overtime compensation for hours worked in excess of 40 hours per week." Ensure the definition is neither overbroad nor unduly narrow, and consider whether subclasses are appropriate for different violation types or employee groups.

Allege each requirement for class certification under Federal Rule of Civil Procedure 23 with supporting facts. For numerosity under Rule 23(a)(1), allege the approximate number of class members (typically at least 40 for wage and hour cases) and explain why joinder is impracticable due to the size and geographic dispersion of the class. For commonality under Rule 23(a)(2), identify the common questions of law and fact, such as whether defendant's policies violated wage laws, whether class members were properly classified, and whether systematic practices resulted in unpaid wages. For typicality under Rule 23(a)(3), explain how the named plaintiffs' claims arise from the same practices and legal theories as the class members' claims. For adequacy under Rule 23(a)(4), allege that named plaintiffs will fairly and adequately protect class interests, have no conflicts with class members, have retained competent class counsel, and are committed to prosecuting the action.

Additionally, satisfy Rule 23(b) requirements by alleging either that defendant acted on grounds generally applicable to the class making injunctive or declaratory relief appropriate under Rule 23(b)(2), or that common questions predominate over individual questions and a class action is superior to other methods under Rule 23(b)(3). For wage and hour cases, emphasize that the same policies and practices affected all class members, that liability can be determined on a class-wide basis, and that individual damages can be calculated through common proof or formulaic methods.

If proceeding as an FLSA collective action rather than a Rule 23 class action, allege that plaintiffs and potential opt-in plaintiffs are "similarly situated" under 29 U.S.C. § 216(b), sharing common job duties, compensation practices, and legal theories, such that collective treatment is appropriate for efficient resolution.

Causes of Action

Structure each cause of action as a separate count with clear headings, incorporating by reference all prior allegations and then stating the elements of the specific claim with supporting facts.

For FLSA overtime violations under 29 U.S.C. § 207, allege that class members are employees covered by the FLSA, that defendant is an employer engaged in interstate commerce or an enterprise engaged in commerce, that class members regularly worked more than 40 hours per week, that defendant failed to compensate them at one and one-half times their regular rate for overtime hours, and that this violation was willful. Specify the time period (up to three years for willful violations) and reference the specific FLSA provisions violated.

For FLSA minimum wage violations under 29 U.S.C. § 206, if applicable, allege that defendant paid less than the federal minimum wage through improper deductions, tip credit violations, or other means, with specific facts about the compensation practices and resulting effective hourly rates.

For state law claims, plead each violation of state wage and hour statutes, wage orders, or regulations as a separate count. Common state law claims include failure to pay overtime under state law (which may have different thresholds or exemptions than federal law), failure to provide meal or rest breaks, failure to pay all wages due upon termination, improper wage deductions, and failure to provide accurate wage statements. For each state claim, cite the specific statutory provision, allege the elements, and explain how defendant's conduct violated the requirement. Note any differences between state and federal standards that make the state claim independently viable.

Consider additional claims such as breach of contract if employment agreements or policies promised compensation that was not paid, unjust enrichment for the value of uncompensated work, or conversion for wrongfully withheld wages, though these may be preempted or duplicative in some jurisdictions.

Prayer for Relief

Request comprehensive relief that addresses all available remedies under the applicable statutes. For FLSA claims, demand unpaid overtime wages for all hours worked over 40 per week, liquidated damages in an equal amount under 29 U.S.C. § 216(b) (or alternatively, prejudgment interest if liquidated damages are not awarded), and reasonable attorney's fees and costs as provided by statute. For state law claims, request unpaid wages, statutory penalties or liquidated damages as provided by state law (which may be more generous than federal remedies), waiting time penalties for wages not timely paid upon termination if available under state law, and attorney's fees and costs if authorized by statute.

Seek declaratory relief that defendant's policies and practices violated the FLSA and state wage laws, and injunctive relief requiring defendant to comply with wage and hour laws going forward, implement proper timekeeping and compensation systems, and cease the unlawful practices. Request pre-judgment and post-judgment interest at the applicable legal rate, and include a general prayer for such other and further relief as the Court deems just and proper.

Signature Block and Verification

Conclude with a proper signature block including the date, the attorney's signature (or electronic signature notation), the attorney's printed name, bar number, firm name, address, telephone, fax, email, and designation as "Attorneys for Plaintiff and the Proposed Class." Ensure compliance with local rules regarding signature requirements and electronic filing procedures.

If required by local rules or strategic considerations, include a verification signed by the named plaintiff(s) under penalty of perjury attesting to the truth of the allegations based on personal knowledge.

Final Document Assembly

Once you have gathered all necessary factual information from the case materials, researched the applicable legal standards, and developed the allegations for each section, create a polished, professionally formatted complaint that integrates all elements into a cohesive and persuasive pleading. The final document should be well-organized with numbered paragraphs, proper headings, consistent formatting, and citations to legal authority where appropriate. Ensure the tone is professional and assertive while avoiding inflammatory language, and that all factual allegations are supported by the available evidence or reasonable inference from the evidence.