Jaquay Jackson and Dana Rice, each individually and on behalf of all others similarly situated v. Mississippi Behavioral Health Services, LLC

Summary

The court grants in part the plaintiffs’ motion to certify an FLSA collective action against Mississippi Behavioral Health Services, LLC. It finds that the proposed Community Provider collective is similarly situated regarding job duties, compensation policies, unpaid overtime allegations, and potential FLSA exemptions. The court also addresses the form of court-facilitated notice and grants equitable tolling of the statute of limitations, while modifying aspects of the proposed notice.

Holdings

1. The proposed Community Provider collective members were similarly situated because they performed materially similar duties, were subject to common compensation policies and practices, potentially worked uncompensated overtime under those policies, and could address MBHS's exemption defenses collectively. Certification of the FLSA collective action was therefore appropriate.
2. Court-facilitated notice was authorized with modifications. Plaintiffs could send reminder notices by mail, email, and text 21 days before the opt-in deadline; MBHS had to provide specified contact information and, for returned notices, the last four Social Security-number digits; and the notice had to state MBHS's position and that the court had expressed no opinion on the merits.
3. Equitable tolling was warranted from May 31, 2024, the date plaintiffs filed their certification motion, through March 10, 2026, the date of the order.

Questions Presented

1. Whether the proposed Mental Health Therapist, Community Support Specialist, and Peer Support Specialist collective members were similarly situated under the FLSA so that collective-action certification and court-facilitated notice were appropriate.
2. Whether the proposed form and methods of FLSA notice should be modified, including whether reminder notices and limited disclosure of the last four digits of Social Security numbers were appropriate.
3. Whether equitable tolling of the FLSA limitations period was warranted for the period during which the certification motion was pending.

Disposition

other