· 3/11/1940
Protests 282813-G of Macksoud Import Co.
Citations
- 4 Cust. Ct. 417
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- directing that the consent form “clearly indicate that opt-in plaintiffs[] have the right to select their own counsel”
- granting conditional certification to collective of foremen and other laborers who worked at various sites but were subject to a company-wide policy of failing to pay overtime wages
- finding reminder notice appropriate “[g]iven that notice under the FLSA is intended to inform as many potential plaintiffs as possible of the collective action and their right to opt-in”
- finding “a reasonable inference that plaintiffs’ experiences reflected a company-wide policy” where supported by plaintiffs’ allegations that they received “purely ‘straight time’ pay in the same distinctive manner . . . no matter where they worked or who supervised them”
- Reminder notices further the FLSA’s express purpose to “inform as many potential plaintiffs as possible of the collective action and their right to opt-in.”
- “The accuracy of the parties’ competing views will be tested through discovery and may be raised before the Court on a motion to decertify the class after the close of discovery.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Tilson
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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