In brief
Former employees who alleged that Capital One willfully failed to pay overtime to many of its employees may seek class certification without violating federal rules and have plausibly alleged state and federal violations at this stage, the Eastern District of Virginia has held.
Capital One argued that the plaintiffs’ class certification allegations violated the Rules Enabling Act, as well as U.S. Supreme Court precedent, under which federal procedural rules are displaced by conflicting substantive state laws.
But Judge Hannah M. Lauck said the state law here established a “substantive right to pursue overtime compensation” and its “collective action procedure merely creates a different mechanism to enforce that substantive right.”
“That right remains ‘available without regard to whether or not [it is] pursued via individual suit, joint suit, or a representative action,’” Lauck wrote. The state collective action procedure was not substantive and the plaintiffs could proceed with their state claims as a class action.
The opinion is Mullin v. Capital One Services LLC (VLW 025-3-412).
Eileen Mullin and Sopha Guthrie are former employees of Capital One who alleged the company willfully failed to pay overtime to its process managers, ops associates and content managers in violation of the Fair Labor Standards Act and the ...
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