Myers v. Hertz Corp.

How courts have described this case

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

• recognizing that class treatment may be appropriate in exemption cases that turn on duties performed consistently across the class
• concluding that the two-step method is “sensible” although neither the FLSA nor Supreme Court precedent require its use
• recognizing that a plaintiff need only make a modest factual showing to satisfy his burden at the first-stage of a collection action inquiry but that such a showing “cannot be satisfied simply by unsupported assertions.”
• holding that district courts have the discretion to certify a collective action by facilitating notice to potential plaintiffs of the “pendency of the action and of their opportunity to opt-in as represented plaintiffs”
• stating that the plaintiff must offer more than “unsupported assertions” to satisfy its burden at the first stage
• noting that district courts within this Circuit have “coalesced around a two-step method” for analyzing collective action certification

Source: CourtListener parenthetical corpus (CC0).