Jose Gonzalez Gomez, et al., on behalf of themselves and others similarly situated v. Epic Landscape Productions, L.C., et al.

Summary

The United States District Court for the District of Kansas addresses Plaintiffs’ motion for further notices in an FLSA collective action and related Missouri Minimum Wage Law class action. The Court orders supplemental notice to 19 individuals who were improperly omitted from the original notice list, denies notice to seven mechanics who do not fall within the collective definition, and finds the motion moot as to 16 individuals. The Court also equitably tolls the statute of limitations for the 19 supplemental notice recipients from April 28, 2023, until 90 days after they receive re-issued notice.

Holdings

1. The 19 individuals whom the parties agreed should have received notice but were omitted from the original notice list must receive re-issued FLSA notices. The motion was moot as to 16 individuals who had already received notice, were named plaintiffs, or had consented to join.
2. The seven disputed mechanics or equipment-repair personnel were not entitled to re-issued opt-in notices because the evidence did not show that their work involved performing manual lawn-and-landscape duties within the certified collective definition.
3. Equitable tolling applies to the 19 individuals who should have received notice but did not. Their limitations periods are tolled from April 28, 2023, until 90 days after they receive the re-issued notices.
4. The court denied plaintiffs' additional requests for remedial action for individuals who were not themselves affected by the omission of the 19 individuals from the original notice list.

Questions Presented

1. Whether 19 individuals omitted from the original notice list should receive supplemental FLSA opt-in notices.
2. Whether seven mechanics or equipment-repair personnel fell within the certified collective of current and former lawn and landscape workers and therefore were entitled to notice.
3. Whether the statute of limitations should be equitably tolled for the 19 omitted individuals, and if so, for what period.
4. Whether additional remedial relief should be provided for other opt-in plaintiffs or individuals based on the notice-list omission.

Disposition

other