Rojas v. Garda CL Southeast, Inc.

How courts have described this case

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

• noting that “the limitations period for opt-ins runs from the time of the filing of their written consents, and not from the time that they receive notice”
• granting conditional certification where 14 employees indicated their desire to join the litigation by filing notices and plaintiff asserted he had personal knowledge that others were interested in opting in
• declining to grant equitable tolling where no evidence supported plaintiffs’ “conclusory assertion” that some opt-in plaintiffs' claims will be entirely barred but for thirty-one days of equitable tolling and no showing of extraordinary circumstances.”
• “[P]laintiffs’ allegation of ‘willfulness’ is not a mere conclusory allegation, and the facts of the case support providing notice based on a limitations period of three years.”
• “While notice of collective action could be posted in employer's work locations, plaintiffs were not to send “reminder” notice, and employer was to provide potential opt-ins' contact information directly to plaintiffs rather than third party administrator.”

Source: CourtListener parenthetical corpus (CC0).