19.  Collective and Class: Plaintiff bring this action on behalf of himself and an ascertainable  nationwide collective and statewide class consisting of:  FLSA Collective   All persons currently or formerly employed by Tesla, Inc. throughout the  United States as an Owner Advisor, Sales Advisor, or any other similar  sales position at any time since three years preceding the filing of this  complaint.  California Class   All persons currently or formerly employed by Tesla, Inc. throughout  California as an Owner Advisor, Sales Advisor, or any other similar sales  position at any time since four years preceding the filing of this complaint.   20.  Ascertainablity:  The class and collective are ascertainable in that each member can be  identified using information contained in Tesla’s payroll and personnel records.   27.  Wilson re-alleges and incorporates all preceding paragraphs.    28.  Under Title 29 U.S.C. § 207, Wilson and the FLSA Collective were entitled to receive  overtime at a rate of 1.5 times their regular rate for any hours worked in excess of 40 hours in a week.  During their employment for Tesla, Wilson and the FLSA collective worked over 40 hours in a week.   29.  Tesla had a policy and practice of willfully not paying Wilson and the FLSA Collective  overtime wages for overtime hours worked. Wilson and the FLSA Collective worked overtime without  compensation.  Their unpaid overtime work included the time spent in mandatory training sessions, as  well as in the discharge of their regular work duties.   30.  As a result, Wilson and the FLSA Collective suffered damages in an amount, subject to  proof, to the extent they were not paid a proper overtime rate for all hours they worked over 40 hours in a  week.   31.  Wilson seek class-wide compensation for Tesla’s unlawful conduct and will take the  appropriate steps to notify and join the FLSA Class under 29 U.S.C. § 216(b) via written joinder consents.    32.  Under Title 29 U.S.C. §§ 207 and 216(b), Wilson is entitled to recover the full amount of  unpaid overtime wages, interest thereon, liquidated damages, reasonable attorney’s fees and costs of suit.  33.  Wilson re-alleges and incorporates all preceding paragraphs.    34.  Throughout the class period, Wilson and the California Class were misclassified as exempt  employees and thereby were not compensated for all hours worked.     38.  Wilson re-alleges and incorporates all preceding paragraphs.   39.  Pursuant to Section 1194 of the California Labor Code, Wilson may bring a civil action for  overtime wages directly against the employer on behalf of himself and the class without first filing a claim  with the Division of Labor Standards Enforcement.  Further, such private actions have the support and  approval of the Division of Labor Standards Enforcement.    Failure To Pay Overtime Wages Under FLSA  (By Wilson and the FLSA Collective Against Tesla)   Failure to Pay Minimum Wage  (By Wilson and the California Class Against Tesla)   Failure to Pay Overtime Compensation  (By Wilson and the California Class Against Tesla)  