Bobryk v. Durand Glass Manufacturing Co.

50 F. Supp. 3d 637, 23 Wage & Hour Cas.2d (BNA) 895, 2014 U.S. Dist. LEXIS 137168, 2014 WL 4827493
CourtDistrict Court, D. New Jersey
DecidedSeptember 29, 2014
DocketCivil No. 12-5360 (NLH)(JS)
StatusPublished
Cited by3 cases

This text of 50 F. Supp. 3d 637 (Bobryk v. Durand Glass Manufacturing Co.) is published on Counsel Stack Legal Research, covering District Court, D. New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Bobryk v. Durand Glass Manufacturing Co., 50 F. Supp. 3d 637, 23 Wage & Hour Cas.2d (BNA) 895, 2014 U.S. Dist. LEXIS 137168, 2014 WL 4827493 (D.N.J. 2014).

Opinion

OPINION

HILLMAN, District Judge.

Before the Court is plaintiffs’ motion for conditional certification for a collective action pursuant to the Fair Labor Standards Act (“FLSA”), and motion for class certification pursuant to Rule 23 regarding their New Jersey state law wage claims. For reasons explained below, plaintiffs’ motion for conditional certification will be granted, and their motion for class certification will be denied without prejudice.

I. BACKGROUND

Plaintiffs are current or former employees of defendant Durand Glass Manufacturing Company. (“Durand”). Durand is a producer of commercial glassware and ceramics located in Millville, New Jersey and is an employer within the meaning of 29 U.S.C. § 203(d).1 Its production facility [640]*640operates 24 hours a day, seven days a week, and employs over 500 individuals paid on an hourly basis.

Durand employees are required to wear pei'sonal protective equipment (“PPE”), gather any required equipment, supplies or tools, and report to work prior to their shift time, sometimes discussing work tasks to be performed with the employee whose shift was ending. After their shift ends, some Durand employees are required to remain in their production location until relieved or until outstanding work assignments or work-related duties are completed, return work equipment, and take off or doff their PPE. Plaintiffs allege that the required pre- and post-shift tasks, such as donning and doffing PPE, constitute unpaid overtime recoverable under FLSA and New Jersey Wage Laws.

Prior to July 2012, Durand paid only for hours worked between scheduled shift-start and shift-end times, or for overtime if pre-approved by management. After July 2012, Durand instituted a “seven minute” rounding policy. Under the rounding policy, if employees clocked in seven minutes or less before their scheduled start time, their paid start time would be rounded forward to their scheduled start time. If employees clocked seven minutes or less after their scheduled end time, their paid end time would be rounded back to their scheduled end time. The seven minute grace period is not paid compensation. If, however, the employee clocks in more than seven minutes before his scheduled start time, or more than seven minutes after his scheduled end time, the employee could be penalized if he did not get prior approval for overtime. With approval, the employee would get paid overtime.

II. JURISDICTION

Plaintiffs bring this action on behalf of themselves and others “similarly situated” to remedy alleged violations of the Fair Labor Standards Act, 29 U.S.C. § 201 et seq., and therefore this Court exercises subject matter jurisdiction pursuant to 28 U.S.C. § 1331 (federal question jurisdiction). The Court exercises jurisdiction over plaintiffs’ pendant state law wage claims pursuant to 28 U.S.C. § 1367.2

III. DISCUSSION

Plaintiffs allege that defendant violated the Fair Labor Standards Act (“FLSA”), the New Jersey Wage and Hour Law and [641]*641the New Jersey Payment Law (“NJ Wage”) by failing to pay named plaintiffs and those similarly situated overtime compensation, as well as for certain hours worked. Plaintiffs seek conditional certification for a collection action pursuant to the FLSA, and also seek class certification pursuant to Fed. R. Civ. P. 23.

A. Conditional Certification 1. Standard for Conditional Certification for a Collection Action ' Pursuant to the FLSA

The Fair Labor Standards Act (“FLSA”) governs hour and wage practices and requires, among other things, that employers pay covered employees at least a specified minimum wage for work performed and overtime pay for hours worked in excess of forty hours per week. See 29 U.S.C. §§ 202, 207. Plaintiffs seek to sue on behalf of themselves and other employees similarly situated pursuant to Section 216(b) of the FLSA.3 See 29 U.S.C. § 216(b), ruled unconstitutional on other grounds in Alden v. Maine 527 U.S. 706, 712, 119 S.Ct. 2240, 144 L.Ed.2d 636 (1999) (“finding unconstitutional provision of FLSA authorizing private actions against states in state courts without their consent”).

Unlike a class certification pursuant to Fed. R. Civ. P. 23, under the FLSA, “conditional certification” does not produce a class with an independent legal status, or join additional parties to the action. Genesis Healthcare Carp. v. Symczyk, — U.S. -, 133 S.Ct. 1523, 1530, 185 L.Ed.2d 636 (2013); Pearsall-Dineen v. Freedom Mortg. Corp., 27 F.Supp.3d 567, 570, 2014 WL 2873878, at *2 (D.N.J. June 25, 2014) (“The conditional certification process, despite sometimes borrowing the language of class action certification from Federal Rule of Civil Procedure 23, is not really a certification but instead is a ‘district court’s exercise of [its] discretionary power ... to facilitate the sending of notice to potential class members.’ ”) (citations omitted).

The Third Circuit has outlined a two-step process for deciding whether an action may properly proceed as a collective action under the FLSA. See Camesi v. University of Pittsburgh Medical Center, 729 F.3d 239, 243 (3d Cir.2013) (citing Zavala v. Wal-Mart Stores Inc., 691 F.3d 527, 535 (3d Cir.2012)). In the first stage, “[ajpplying a ‘fairly lenient standard’ ... the court makes a preliminary determination as to whether the named plaintiffs have made a ‘modest factual showing’ that the employees identified in their complaint are ‘similarly situated.’ ” Id. “If the plaintiffs have satisfied their burden, the court will ‘conditionally certify’ the collective action for the purpose of facilitating notice to potential opt-in plaintiffs and conducting pre-trial discovery.” Id. Rather than opting-out as is done in a traditional class action lawsuit, in an FLSA class action, potential class members must opt-in by providing written consent filed with the Court. Manning v. Gold Belt Falcon, LLC, 817 F.Supp.2d 451, 452 (D.N.J.2011) (stating that under the FLSA there are “two pertinent requirements to maintain a collective action: 1) each Plaintiff must manifest his written consent, and 2) Plaintiffs attorney must file that consent with the Court.”).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Abraham v. Ocwen Loan Servicing, LLC
321 F.R.D. 125 (E.D. Pennsylvania, 2017)

Cite This Page — Counsel Stack

Bluebook (online)
50 F. Supp. 3d 637, 23 Wage & Hour Cas.2d (BNA) 895, 2014 U.S. Dist. LEXIS 137168, 2014 WL 4827493, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bobryk-v-durand-glass-manufacturing-co-njd-2014.