Daquasia Wright, Erika Thomas, and Cherie Poole, on behalf of themselves and others v. SkyWest Airlines, Inc.

Summary

The United States District Court for the Eastern District of New York addresses plaintiffs’ motion for conditional certification of an FLSA collective action concerning alleged unpaid minimum wages during SkyWest Airlines’ flight-attendant training program. The court finds that plaintiffs made the modest factual showing required for conditional certification but declines to decide the parties’ personal-jurisdiction dispute because the Second Circuit was considering whether Bristol-Myers principles apply to FLSA collective actions. The motion for conditional certification is denied without prejudice, with leave to renew after further guidance from the Second Circuit.

Holdings

1. Plaintiffs made the required modest factual showing that they and other SkyWest flight-attendant trainees were subject to a common policy or plan that allegedly violated the FLSA's minimum-wage requirements.
2. The court denied plaintiffs' motion for conditional certification without prejudice because the Second Circuit was considering whether Bristol-Myers Squibb's personal-jurisdiction principles apply to FLSA collective actions, making the governing law in the circuit unclear.

Questions Presented

1. Whether plaintiffs made the modest factual showing required for conditional certification of an FLSA collective consisting of current and former SkyWest flight attendants who underwent the training program.
2. Whether the court should decide conditional certification while the Second Circuit was considering whether Bristol-Myers Squibb's personal-jurisdiction requirements apply to FLSA collective actions and potential opt-in plaintiffs.
3. Whether defendant's personal-jurisdiction defense had been waived by failure to raise it earlier in the litigation.

Disposition

other