40.  Plaintiffs and those similarly situated as part of a collective pursuant to the  FLSA incorporate herein by this reference the allegations contained in this Complaint as  if set forth verbatim.   41.  Plaintiffs bring their First Claim for Relief, the FLSA claim, as an “opt-in”  collective action pursuant to 29 U.S.C. § 216(b).   42.  The FLSA claims may be pursued by those who opt-in to this case,  pursuant to 29 U.S.C. § 216(b).   43.  Plaintiffs individually and on behalf of other similarly-situated employees  (hereinafter also referred to as Opt-in Plaintiffs) seek relief on a collective basis  challenging, among other FLSA violations, Defendants’ practice of failing to accurately  record all hours worked and failing to pay for all hours worked, including overtime  compensation.  Plaintiffs also seek relief on a collective basis for any and all retaliation  for asserting their rights. The number and identity of other Opt-in Plaintiffs will be  determined from the records of Defendants, and potential members may easily and  quickly be notified of the pendency of this action.   44.  Plaintiffs and those similarly situated as part of a collective pursuant to the  FLSA incorporate herein by this reference the allegations contained in this Complaint as  if set forth verbatim.   Violation of the Fair Labor Standards Act of 1938 and   Failure to Maintain Records  (PLAINTIFFS, INDIVIDUALLY)   Violation of the Fair Labor Standards Act of 1938 and   Failure to Maintain Records  (ALL COLLECTIVE MEMBERS)  