Hoffmann-La Roche Inc. v. Sperling
493 U.S. 165 (1989) Cited 3,006 times 19 Legal AnalysesHolding that district courts have discretion to implement § 216(b)
Does I thru XXIII v. Advanced Textile Corp.
214 F.3d 1058 (9th Cir. 2000) Cited 649 timesHolding that pseudonymous filing "runs afoul of the public's common law right of access" and allowed only when necessary "to protect a person from harassment, injury, ridicule or personal embarrassment"
Leuthold v. Destination America, Inc.
224 F.R.D. 462 (N.D. Cal. 2004) Cited 326 timesHolding that courts conduct a more fulsome analysis at the second stage of certification, following the close of discovery, to determine "the propriety and scope of the class"
Colson v. Avnet, Inc.
687 F. Supp. 2d 914 (D. Ariz. 2010) Cited 109 timesDenying conditional certification and noting that "[a]s a matter of both sound public policy and basic common sense, the mere classification of a group of employees - even a large or nationwide group - as exempt under the FLSA is not by itself sufficient to constitute the necessary evidence of a common policy, plan, or practice that renders all putative class members as 'similarly situated' for § 216(b) purposes."
Edwards v. City of Long Beach
467 F. Supp. 2d 986 (C.D. Cal. 2006) Cited 95 timesHolding that plaintiff's complaint, affidavits and supporting exhibits asserted that Edwards routinely worked unpaid overtime in violation of the FLSA, and that Edwards' experiences were shared by other police officers, even when their job descriptions differed
Freeman v. Wal-Mart Stores, Inc.
CASE NO. 02-5161 (W.D. Ark. Apr. 15, 2003) Cited 66 timesDenying motion for conditional certification finding plaintiff had not "propose[d] a class that [wa]s sufficiently defined and manageable" where the proposed class "include[d] more than 7,000 current and former employees and there [we]re material differences in the duties and responsibilities of those employees" and where plaintiff's view appeared to be "that all salaried Wal-Mart employees below officer level [were] similarly situated no matter what the nature of their duties"
Davis v. Westgate Planet Hollywood Las Vegas, Llc.
Case No. 2:08-cv-00722-RCJ-PAL (D. Nev. Jan. 12, 2009) Cited 21 timesPermitting a notice period beginning three years of the date of filing of the complaint
Section 207 - Maximum hours
29 U.S.C. § 207 Cited 10,460 times 225 Legal AnalysesEstablishing overtime rules
Section 1746 - Unsworn declarations under penalty of perjury
28 U.S.C. § 1746 Cited 10,030 times 17 Legal AnalysesPermitting the use of declarations instead