Where plaintiffs have alleged that the defendant employer violated the Fair Labor Standards Act by failing to compensate current and former call center agents for all hours worked, the plaintiffs have not met their burden of establishing the propriety of conditional certification with respect to the entirety of the proposed class, but a more limited, manageable class of call center agents should be certified.
“This case involves claims for overtime pay. Plaintiffs Bryan Wright (‘Wright’) and Alana Fadely (‘Fadely’) (collectively, ‘the plaintiffs’) bring this suit individually and on behalf of all others similarly situated against Liberty Mutual Group, Inc. (‘Liberty’ or ‘defendant’) for, inter alia, violating the Fair Labor Standards Act (‘the FLSA’), 29 U.S.C. §201 et seq., by failing to compensate current and former call center agents for all hours worked, including overtime hours worked at the appropriate overtime rate. Pending before the Court is plaintiffs’ motion for conditional certification of the putative collective. … For the following reasons, the motion will be allowed, in part, and denied, in part. …
“The Court concludes that plaintiffs have not met their burden of establishing the propriety of conditional certification with respect to the entirety of the proposed class because they have not shown that the putative class members ‘were subject to a single decision, policy, or plan that violated the law.’ … The Court will, however, conditionally certify a more...
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