ST. LOUIS – A group of workers suing employers that shared a facility for not paying overtime rates for overtime hours gained conditional class certification with a federal judge's ruling on April 16.
Royal Hampton and James Pierce filed a Fair Labor Standards Act (FLSA) claim against Maxwell Trailers and Ironstar Beds on behalf of themselves and other workers with the companies. They allege that the companies didn’t pay overtime hours for weeks where they worked more than 40 hours. They also accused the defendants of violating the non-retaliation provision in the FLSA when it cut their hours because of Hampton’s forthcoming lawsuit.
U.S. District Judge Henry Edward Autrey determined that the defendants’ stance in the plaintiffs’ claims aren’t necessary.
“Here, defendants do not propose language they would include in the notice, nor dot hey allege that the current notice unfairly frames plaintiffs’ allegations and claims,” Judge Autrey wrote. “Nothing in the notice’s narrative is inaccurate or unfair."
He also ruled that there needed to be more certainty or clarity concerning the opt-in consent that’s needed for a plaintiff to join the case. The form will now include specifications of what exact claim they want to be included on for the suit.
As for the defendants’ challenge that the plaintiffs’ notice doesn’t tell possible opt-in plaintiffs about potential responsibility for the defendants’ court costs or even the potential requirement to be deposed or testify, the court determined that there’s enough information included in the plaintiffs’ notice.
The notice states that an opt-in plaintiff might have to take part in discovery or take the stand.
“Defendants’ argument that the notice must instead include ‘sitting for a deposition or testifying at trial’ is a fine distinction not warranting change,” wrote Judge Autrey. “Defendants’ request for language regarding liability for defendants’ costs is not well taken.”
The court did side with the defendants that 90 days notice is a bit exaggerated. Instead, the opt-in period was set at 60 days.