Where a plaintiff has moved for conditional certification under the Fair Labor Standards Act, that motion should be allowed as to the plaintiff’s overtime compensation claim but denied as to the plaintiff’s pre-shift work claim.
“Currently pending before the Court is Plaintiff Henry Desmarais’s motion for conditional certification of a collective action and Court-authorized notice under the Fair Labor Standards Act (‘FLSA’), 29 U.S.C. §201, et seq. … Plaintiff alleges that Ocean Spray Cranberries, Inc. (‘Ocean Spray’ or ‘Defendant’) has (1) failed to compensate necessary pre-shift work, including changing into personal protective equipment (‘PPE’), and (2) failed to properly calculate regular rates of pay for overtime purposes. …
“With regards to Plaintiff’s pre-shift work claim, Plaintiff, through declaration and other evidence, provides relevant information concerning the Middleboro facility where Plaintiff worked, including: (1) tasks that employees had to complete prior to their shifts, including having their temperature taken and changing into PPE, and the time that took (eight to ten minutes), and (2) Middleboro’s compensation policy related to pre-shift work. … Plaintiff, however, provides no such information about other facilities. …
“The Court finds that Defendant’s evidence suggests that at the three captive facilities other than Middleboro, employees are paid for an additional 15 minutes (to account for pre- and post-shift work). That said, there is no evidence...
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