16 Cited authorities

Hoffmann-La Roche Inc. v. Sperling
493 U.S. 165 (1989) Cited 3,128 times 19 Legal Analyses
Holding that the FLSA gives "district courts discretion, in appropriate cases, to implement 29 U.S.C. § 216(b) . . . by facilitating notice to potential plaintiffs"
American Pipe Construction Co. v. Utah
414 U.S. 538 (1974) Cited 2,171 times 164 Legal Analyses
Holding the commencement of a class action "suspends the applicable statute of limitations as to all asserted members of the class who would have been parties had the suit been permitted to continue as a class action"
Thiessen v. Gen. Elec. Capital Corp.
267 F.3d 1095 (10th Cir. 2001) Cited 1,027 times 2 Legal Analyses
Holding as long as the EEOC and the company are aware of the nature and scope of the allegations, the purposes behind the administrative filing requirement are satisfied and no injustice or contravention of congressional intent occurs by allowing piggybacking
Braunstein v. E. Photographic Laboratories
600 F.2d 335 (2d Cir. 1978) Cited 183 times
Holding that a district court “has the power to order that notice be given to other potential members of the plaintiff class under the ‘opt-in’ provision of the [FLSA]”
Baldozier v. American Family Mut. Ins. Co.
375 F. Supp. 2d 1089 (D. Colo. 2005) Cited 58 times
Holding that allegations of a common policy coupled with a showing of similarly situated plaintiffs are sufficient to grant conditional certification
Turner v. Chipotle Mexican Grill, Inc.
123 F. Supp. 3d 1300 (D. Colo. 2015) Cited 21 times
Recognizing that preliminary certification should follow a "permissive joinder standard" and "presumptively allow workers bringing the same statutory claim against the same employer to join as a collective"
Turner v. Chipotle Mexican Grill, Inc.
Civil Action No. 14-cv-2612-JLK (D. Colo. Sep. 23, 2015) Cited 2 times
Civil Action No. 14-cv-2612-JLK 09-23-2015 LEAH TURNER, individually and on behalf of others similarly situated, Plaintiff, v. CHIPOTLE MEXICAN GRILL, INC. Defendant. KANE, J. ORDER DENYING MOTION FOR IMMEDIATE INTERLOCUTORY APPEAL Defendant Chipotle has moved (Doc. 88) to certify for immediate interlocutory appeal, pursuant to 28 U.S.C. § 1292 (b), the August 21, 2015 Memorandum Opinion and Order permitting a collective action under the Fair Labor Standards Act (Doc. 87). Defendant also moves to
Chavez v. Excel Servs. Se., Inc.
Civil Action No. 13-cv-03299-CMA-BNB (D. Colo. Sep. 18, 2014) Cited 1 times
Civil Action No. 13-cv-03299-CMA-BNB 09-18-2014 NANCY CHAVEZ, MARGARITA HERRERA, and ANA MARIA PEINADO-NOVOA, on behalf of themselves and all others similarly situated, Plaintiffs, v. EXCEL SERVICES SOUTHEAST, INC., EXCEL SERVICES NETWORK, INC., and JAMES DAVID SAXTON, Defendants. Judge Christine M. Arguello ORDER GRANTING MOTION FOR CONDITIONAL CERTIFICATION AS A COLLECTIVE ACTION In this motion, Plaintiffs Nancy Chavez, Margarita Herrera, and Ana Maria Peinado-Novoa ask this Court to: (1) certify
Rule 23 - Class Actions
Fed. R. Civ. P. 23 Cited 36,611 times 1267 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"
Rule 5 - Serving and Filing Pleadings and Other Papers
Fed. R. Civ. P. 5 Cited 23,925 times 18 Legal Analyses
Providing for service via CM/ECF Systems
Section 201 - Short title
29 U.S.C. § 201 Cited 21,695 times 105 Legal Analyses
Setting fourteen as the minimum age for most non-agricultural work
Section 216 - Penalties
29 U.S.C. § 216 Cited 17,085 times 143 Legal Analyses
Holding employers liable for “unpaid minimum wages, or their unpaid overtime compensation”
Rule 20 - Permissive Joinder of Parties
Fed. R. Civ. P. 20 Cited 12,032 times 22 Legal Analyses
Granting courts authority to "issue orders-including an order for separate trials."
Rule 19 - Required Joinder of Parties
Fed. R. Civ. P. 19 Cited 9,868 times 55 Legal Analyses
Holding a person must be joined if disposing the action in the person's absence may leave an existing party subject to a "substantial" risk of incurring inconsistent obligations
Rule 24 - Intervention
Fed. R. Civ. P. 24 Cited 9,514 times 38 Legal Analyses
Granting the right of intervention to qualifying persons "unless existing parties adequately represent" them
Section 256 - Determination of commencement of future actions
29 U.S.C. § 256 Cited 948 times 2 Legal Analyses
Providing that an opt-in plaintiff's action commences, for purposes of the limitations period, when he files his written consent to join

Solis et al v. Circle Group, LLC, The et al

16 Cited authorities

Holding that the FLSA gives "district courts discretion, in appropriate cases, to implement 29 U.S.C. § 216(b) . . . by facilitating notice to potential plaintiffs"

Holding the commencement of a class action "suspends the applicable statute of limitations as to all asserted members of the class who would have been parties had the suit been permitted to continue as a class action"

Holding as long as the EEOC and the company are aware of the nature and scope of the allegations, the purposes behind the administrative filing requirement are satisfied and no injustice or contravention of congressional intent occurs by allowing piggybacking

Holding that a district court “has the power to order that notice be given to other potential members of the plaintiff class under the ‘opt-in’ provision of the [FLSA]”

Holding that allegations of a common policy coupled with a showing of similarly situated plaintiffs are sufficient to grant conditional certification

Recognizing that preliminary certification should follow a "permissive joinder standard" and "presumptively allow workers bringing the same statutory claim against the same employer to join as a collective"

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"

Providing for service via CM/ECF Systems

Setting fourteen as the minimum age for most non-agricultural work

Holding employers liable for “unpaid minimum wages, or their unpaid overtime compensation”

Granting courts authority to "issue orders-including an order for separate trials."

Holding a person must be joined if disposing the action in the person's absence may leave an existing party subject to a "substantial" risk of incurring inconsistent obligations

Granting the right of intervention to qualifying persons "unless existing parties adequately represent" them

Providing that an opt-in plaintiff's action commences, for purposes of the limitations period, when he files his written consent to join