Finding that at the preliminary certification stage, "the focus of th[e] inquiry [] is not on whether there has been an actual violation of law but rather on whether the proposed plaintiffs are 'similarly situated'"
669 F. Supp. 2d 1124 (N.D. Cal. 2009) Cited 102 times
Rejecting defendant's 54 declarations raising factual issues because "[t]o apply the second-tier heightened review at this stage would be contrary to the broad remedial policies underlying the FLSA. After discovery is complete, Defendant can move for decertification, and the Court will then apply the heightened second-tier review."
Fed. R. Civ. P. 23 Cited 35,111 times 1237 Legal Analyses
Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"