Summary
This federal district court order grants the plaintiff's motion to conditionally certify an FLSA collective action against the defendant regarding alleged unpaid overtime wages for moving employees. Applying the Eleventh Circuit's lenient two-tiered standard, the court found sufficient evidence that similarly situated employees desire to join the lawsuit. The order authorizes notice dissemination and directs the defendant to produce employee contact information within fourteen days.
Topics
Practice areas
Questions Presented
- Whether the court should apply the Eleventh Circuit's two-tiered, fairly lenient standard for conditional certification of an FLSA collective action rather than a more demanding standard used by the Sixth Circuit.
- Whether Plaintiffs demonstrated that other employees desired to opt in to the FLSA collective action.
- Whether Plaintiffs demonstrated at the preliminary certification stage that the proposed collective members were similarly situated in their job duties and pay provisions.
- What notice and employee-contact-information procedures should be ordered after conditional certification.
Holdings
- The court will apply the Eleventh Circuit's encouraged two-tiered approach to FLSA collective-action certification, including its fairly lenient first-tier standard.
- Plaintiffs demonstrated that other employees desired to opt in to the proposed FLSA collective.
- Plaintiffs demonstrated at the conditional-certification stage that the proposed collective members were similarly situated.
- The FLSA collective action was conditionally certified, and Defendant was ordered to provide contact and employment information for collective members; the parties were ordered to confer and submit proposed notice materials.
Key quotations
“At this procedural stage, the court does not resolve factual disputes, decide substantive issues going to the ultimate merits, or make credibility determinations.” (Section III.C)
“Under the “fairly lenient standard” appropriate at this stage of the proceedings, the Court is satisfied that Abrams has provided a reasonable basis for his claim that there are similarly situated individuals that work or have worked for Defendant who desire to join this action.” (Conclusion)
Factual background
Abrams worked for Mansari as a Junior Captain Mover from June 2022 through September 2023. He alleged that movers were required to perform unpaid work before and after their paid shifts and additional miscellaneous duties, regularly resulting in more than forty hours of work per week without overtime compensation. Opt-in Plaintiff Jayden McQueen described similar duties and pay practices, and both plaintiffs identified other movers who allegedly experienced the same policies and expressed interest in joining the action.
Procedural history
Abrams filed an FLSA action alleging that Mansari failed to pay movers overtime compensation for unpaid work performed before and after paid shifts and for miscellaneous duties. Abrams moved for conditional certification, supported by his affidavit and the affidavit and consent of opt-in Plaintiff Jayden McQueen. After briefing, including Plaintiffs' reply and Defendant's employee declarations, the court conditionally certified the collective and ordered the parties to confer regarding notice.