Ryland Salespeople Win Early Class Cert. In FLSA Suit

Law360, New York (October 12, 2012, 2:48 PM EDT) -- A Texas federal judge on Thursday granted early-stage certification to a class of Ryland Group Inc. salespeople who claim the homebuilder failed to pay them overtime, allowing the plaintiffs to begin notifying potential class members.

U.S. District Judge Gregg Costa said the so-called outside salespeople — who accuse Ryland of misclassifying them as exempt the Fair Labor Standards Act's overtime rules — were similar enough to meet the fairly lenient requirements for conditional certification under the FLSA.

“A review of the declarations submitted by the parties makes clear that Ryland’s salespeople have similar duties nationwide and thus are similarly situated with...

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