Aros v. United Rentals, Inc.

269 F.R.D. 176, 2010 U.S. Dist. LEXIS 99762, 2010 WL 3784209
CourtDistrict Court, D. Connecticut
DecidedSeptember 23, 2010
DocketCivil Action No. 3:10-CV-73 (JCH)
StatusPublished
Cited by6 cases

This text of 269 F.R.D. 176 (Aros v. United Rentals, Inc.) is published on Counsel Stack Legal Research, covering District Court, D. Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Aros v. United Rentals, Inc., 269 F.R.D. 176, 2010 U.S. Dist. LEXIS 99762, 2010 WL 3784209 (D. Conn. 2010).

Opinion

RULING RE: MOTION FOR CONDITIONAL CERTIFICATION OF FLSA COLLECTIVE ACTION (Doc. No. 25)

JANET C. HALL, District Judge.

I. INTRODUCTION

Plaintiff Andreas Aros (“Aros”) brings this action against his former employers, defendants United Rentals, Inc., and United Rentals (North America) Inc. (collectively, “United Rentals”). In his one-count Complaint, Aros alleges that United Rentals failed to pay him overtime wages while he was employed as an “Operations Manager,” in violation of the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 207(a)(1), and the [178]*178Connecticut Minimum Wage Act.1 On June 15, 2010, Aros filed a “Motion for Conditional Certification and CourWAuthorized Notice Pursuant to Section 216(b) of the FLSA” (Doc. No. 25) (hereinafter “Motion for Conditional Certification”), which seeks to conditionally certify an FLSA collective action on behalf of similarly situated United Rentals employees and requests the court to authorize notice to be sent to prospective collective action members. For the reasons that follow, Aros’s Motion for Conditional Certification is granted, except with regard to the approval sought for the proposed notice.

II. FACTUAL BACKGROUND

A. United Rentals

United Rentals is an equipment rental company that maintains “over 500 branch locations” across the United States. Memorandum in Opposition to Motion for Conditional Certification (“Mem. in Opp.”) at 3. As of December 31, 2009, it employed approximately 8,000 people. Memorandum in Support of Motion for Conditional Certification (“Mem. in Supp.”) at 2. United Rentals sells, rents, and services various types of equipment, including (but not limited to) construction and electrical machinery. Mem. in Opp. at 3.

B. The Operations Manager Position

United Rentals employs “Operations Managers” in its branch offices nationwide. In theory, Operations Managers are responsible for managing other employees, and, inter alia, “driving the performance of the branch.” Mem. in Opp. at 4; see also Deposition of Craig Pintoff at 125:6-8 (“To me ... the unifying factor is their management responsibilities.”). More specifically, the day-to-day responsibilities of Operations Managers are outlined in a written job description that has been created by United Rentals management and is applicable across the firm. See, e.g., Pl’s Exh. F (job postings for Operations Manager positions in various national United Rentals branch offices, including sections labeled “job descriptions” and “job requirements”); Pl’s Exh. M (internal United Rentals Operations Manager job description); Pi’s Exh. H at ¶ 15 (“Defendants admit that many Operations Managers share a common job title and job description.”). This job description states that Operations Managers are responsible for such tasks as supervising lower-level employees, helping to generate sales, monitoring inventory levels, participating in employee development and training, and overseeing matters related to workplace safety. See Pl’s Exh. F; Pl’s Exh. M.

C. The FLSA

The FLSA states that “no employer shall employ any of his employees ... for a workweek longer than forty hours unless such employee receives compensation for his employment in excess of the hours above specified at a rate not less than one and one-half times the regular rate at which he is employed.” 29 U.S.C. § 207(a)(1). This overtime pay requirement does not apply to “any employee employed in a bona fide executive, administrative, or professional capacity.” 29 U.S.C. § 213(a)(1). There is no dispute in this case that United Rentals Operations Managers are currently classified by United Rentals as exempt from the FLSA’s overtime pay requirements, Pi’s Exh. H at ¶ 3, or that United Rentals is an employer to which the FLSA applies.

D. Aros’ Employment with United Rentals

In April 2007, Aros began working for United Rentals in Manchester, Connecticut. Mem. in Supp. at 2. He worked as an “inside sales representative” until December 2007, and then as a “senior inside sales representative” until approximately December 2008 or January 2009. Id. Aros was employed as an Operations Manager from February 2009 to December 2009.2 Id. As an Operations Man[179]*179ager, Aros alleges that he “routinely worked 55 hours a week, or more,” and that he was not compensated for his work in excess of forty hours per week. Comp, at ¶ 9. Aros also alleges that, as an Operations Manager, he did not qualify for any of the exemptions from the FLSA’s overtime pay requirements. His Complaint alleges, for instance, that the work he performed was mostly “inside sales” work requiring “little skill and no capital investment.” Id. at ¶¶ 19, 20. Aros now seeks to conditionally certify an FLSA collective action consisting of other similarly situated United Rentals “Operations Managers.”

III. DISCUSSION

A. Legal Standard

The FLSA permits employees to file an action on behalf of themselves, as well as on behalf of “other employees similarly situated,” for violations of minimum wage and overtime provisions of the FLSA. 29 U.S.C. § 216(b). “[S]uch a joint, or collective, action requires potential plaintiffs to opt in to the suit in order to benefit from any judgment.” Neary v. Metro. Prop. & Cas. Ins. Co., 517 F.Supp.2d 606, 618 (D.Conn.2007) (quotation marks omitted) (citing 29 U.S.C § 216(b)). “[District courts have the discretionary power to authorize the sending of notice to potential class members in a collective action brought pursuant to [section] 216(b) of the FLSA.” Holbrook v. Smith and Hawken, Ltd., 246 F.R.D. 103, 105 (D.Conn.2007) (quoting Hoffmann v. Sbarro, Inc., 982 F.Supp. 249, 261 (S.D.N.Y.1997)).

While the Second Circuit has not articulated a test for certification of an FLSA collective action, see, e.g., Mike v. Safeco Ins. Co. of Am., 274 F.Supp.2d 216, 220 n. 6 (D.Conn. 2003), district courts within its jurisdiction typically undertake a two-stage inquiry in deciding whether such an action should be certified. See, e.g., Neary, 517 F.Supp.2d at 618. At the first stage, which occurs before discovery is complete, the plaintiff bears a “minimal burden to show that he is similarly situated to the potential class.” Id. (internal quotation marks and citations omitted). If the court concludes that the plaintiff has met that burden, then the collective action will be conditionally certified. Id. At second stage of the certification process, which takes place after discovery is completed, the court examines “all the evidence then in the record to determine whether there is a sufficient basis to conclude that the proposed class members are similarly situated.” Cuzco v. Orion Builders, Inc., 477 F.Supp.2d 628, 632 (S.D.N.Y.2007);

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269 F.R.D. 176, 2010 U.S. Dist. LEXIS 99762, 2010 WL 3784209, Counsel Stack Legal Research, https://law.counselstack.com/opinion/aros-v-united-rentals-inc-ctd-2010.