Where a plaintiff has brought a class action alleging that the defendants violated the Fair Labor Standards Act when they failed to pay overtime to assistant branch managers, the equitable tolling doctrine is inapplicable, as the putative opt-in plaintiffs were not reasonably diligent nor were there extraordinary circumstances preventing them from asserting their claims in a timely manner.
“Plaintiff Mamadou Alpha Bah was an assistant branch manager for Enterprise Rent-A-Car Company of Boston, LLC (‘ERAC Boston’). He has brought individual and collective claims against defendants ERAC Boston and Enterprise Holdings, Inc. (‘EHI’) under the Fair Labor Standards Act of 1938 (‘FLSA’), 29 U.S.C. §201, et seq, alleging that the defendants violated the FLSA when they failed to pay overtime to assistant branch managers until November 27, 2016. On June 28, 2022, the court conditionally certified a nationwide collective and authorized Bah to issue notice to putative class members. …
“The FLSA imposes a two-year statute of limitations generally, and a three-year statute of limitations if a defendant’s violation of the FLSA was willful. … In an FLSA collective action, the limitations period continues to run against each individual plaintiff until that plaintiff files a written opt-in consent. … Here, using the most generous possible three-year statute of limitations, the limitations period ran on January 1, 2020. That is 954 to 1027 days before the putative plaintiffs filed their...
An external review was commissioned after misconduct claims Many people have been questioning if MAFS UK even has a future following the news in the last couple of days. Earlier this week it was a...