4.1  Ryland Homes is a developer and new home builder with operations throughout  the United States.  In the past 3 years, Defendants have employed thousands of individuals  throughout the country as salespersons, including Plaintiffs and all others similarly situated.   4.11  Defendants’ business operations, and the wages and compensation of Plaintiffs  and all others similarly situated are substantially similar, if not identical, at all of Defendants’  locations throughout the country.   4.13  Defendants’ conduct has been willful and in bad faith.  Plaintiffs and all others  similarly situated are entitled to liquidated damages for such conduct.   4.12  Defendants knowingly failed to pay overtime to Plaintiffs and all others similarly  situated in violation of the FLSA.   4.10  Plaintiffs and all others similarly situated worked in excess of 40 hours per week  without any overtime compensation.   4.2  Plaintiffs and all others similarly situated performed inside sales work and were  not paid time and one-half for hours they worked over 40 in a week (“overtime compensation”)  and/or minimum wages.   4.3  Plaintiffs and all others similarly situated frequently worked over 40 hours in a  week while employed by Defendants.   4.5  Plaintiffs and all others similarly situated are non-exempt current and/or former  employees of Defendants, one or more of them, who worked overtime hours as salespersons and  were misclassified as exempt.     4.6  Plaintiffs and all others similarly situated were compensated on a commission  basis as salespersons.   4.7  Plaintiffs and all others similarly situated at times worked for Defendants without  receiving any compensation in some pay periods.   4.8  Plaintiffs and all others situated were not paid a salary or hourly rate for work  performed as salespersons.   4.9  Plaintiffs and all others similarly situated were falsely classified as exempt for  purposes of overtime and were paid on a commission basis without any overtime compensation.   5.10  Those individuals who choose to opt in will be listed on subsequent pleadings and  copies of the written consents to sue will be incorporated herein by reference.   5.1  Each and every allegation contained in the foregoing paragraphs is re-alleged as if  fully rewritten herein.   5.11  Plaintiffs will fairly and adequately represent and protect the interests of those  who are similarly situated.  5.2  Other employees have been victimized by this pattern, practice, and policy of the  Defendants that is in violation of the FLSA.  Plaintiffs are aware that the illegal practices and  policies of Defendants have been imposed on other workers.   5.3  The collective action, or those who are similarly situated, consists of current and  former individuals who worked for Defendants or their subsidiaries or divisions, who in the three  years preceding the filing of this suit were misclassified as exempt and were not paid minimum  wages and/or overtime compensation at time and one half for hours they worked over 40 in a  week in violation of the FLSA and whose job duties included performing sales of newly  constructed homes from a sales office.  The collective action includes, without limitation, those  individuals with the job title of sales counselor, sales manager, sales associate, or with any title  who performed similar duties of the named Plaintiffs and were paid as commissioned, exempt  employees (referred to herein as “salespersons”).   5.4  Plaintiffs and all others similarly situated shared common job duties and  responsibilities as salespersons.  Thus, Plaintiffs’ experiences are typical of the experience of  Defendants’ other salespersons.   5.5  Plaintiffs file this case as an “opt-in” collective action as specifically allowed by  29 U.S.C. §216(b).     5.7  Plaintiffs and those similarly situated frequently performed work unrelated to  sales of newly constructed homes for which they were not compensated.   5.8  Plaintiffs request that Defendants fully identify all others similarly situated in  order that proper notice of their right to consent to participation in this collective action may be  distributed, including immediately providing the name, last known address, telephone number  dates of employment, and job title(s) of all those similarly situated so that notice may be sent to  those persons immediately.   5.9  Plaintiffs seek to represent those similarly situated who have provided consent in  writing to join this action as required by 29 U.S.C. § 216(b).   6.1  Each and every allegation contained in the foregoing paragraphs is re-alleged as if  fully rewritten herein.   6.2  Plaintiffs and all others similarly situated are lawfully non-exempt employees and  were improperly classified as exempt employees.   6.3  Defendants have violated the FLSA by failing to pay Plaintiffs and all other  similarly situated salespersons minimum wages and/or overtime compensation at a rate of one  and one half for all hours worked in excess of 40 hours per week.   6.4  Defendants have not made a good faith effort to comply with the FLSA.   6.6  In further violation of the FLSA, Defendants have failed to maintain accurate  employee pay records, including the number of hours worked per work week, by Plaintiffs and  by all other similarly situated employees.   6.7  Defendants deliberately misclassified Plaintiffs and all others similarly situated as  exempt employees to avoid paying them overtime compensation.   6.8  No exemption excused the Defendants from paying Plaintiffs and all others  similarly situated minimum wages and/or overtime compensation.   6.9  Defendants knowingly, willfully, or with reckless disregard carried out their  illegal pattern or practice regarding overtime compensation owed to Plaintiffs and to all other  similarly situated employees. 