Higdon v. Nichols

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• approving conditional certification based on the plaintiff’s affidavit stating that he was never paid overtime and that three co-workers had told him the same thing
• granting conditional certification where employer utilized “two punch card” system for busboys, servers, and kitchen workers
• “[T]he fact that Plaintiff has identified potential class members only by first name and has not identified an entire opt-in class is not fatal to his motion for conditional certification.”
• “[C]ourts have routinely found that the allegations in the pleadings and the personal observations of one plaintiff’s affidavit are sufficient to make the modest factual showing necessary to conditionally certify a class”
• conditionally certifying collective of delivery persons, but not all tipped employees, because “the assertions in the affidavit that go beyond delivery persons are insufficiently detailed to justify certification of a broader collective”
• conditionally certifying collective of delivery persons, but not all tipped employees, because “the assertions in the affidavit that go beyond delivery persons [were] insufficiently detailed to justify certification of a broader collective”

Source: CourtListener parenthetical corpus (CC0).