McLaurin v. Prestage Foods, Inc.

271 F.R.D. 465, 2010 U.S. Dist. LEXIS 119792, 2010 WL 4693662
CourtDistrict Court, E.D. North Carolina
DecidedNovember 10, 2010
DocketNo. 7:09-CV-100-BR
StatusPublished
Cited by34 cases

This text of 271 F.R.D. 465 (McLaurin v. Prestage Foods, Inc.) is published on Counsel Stack Legal Research, covering District Court, E.D. North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
McLaurin v. Prestage Foods, Inc., 271 F.R.D. 465, 2010 U.S. Dist. LEXIS 119792, 2010 WL 4693662 (E.D.N.C. 2010).

Opinion

ORDER

W. EARL BRITT, Senior District Judge.

This matter is before the court on plaintiffs’ Motion for Conditional Certification of a Collective Action pursuant to the Fair Labor Standards Act (DE # 21) and on plaintiffs’ Motion for Class Certification pursuant to Rule 23 of the Federal Rules of Civil Procedure (DE # 25). Defendant Prestage Foods, Inc. (“Prestage”) has responded to both motions, and plaintiffs have replied. These matters are ripe for disposition.

I. BACKGROUND

This is an action under the Fair Labor Standards Act (“FLSA”), 29 U.S.C. § 201 et seq. and the North Carolina Wage and Hour Act (“NCWHA”), N.C. Gen.Stat. § 95-25.1 et seq. The named plaintiffs are former employees at the St. Pauls, North Carolina, turkey processing plant owned by Prestage. Plaintiffs claim that during the class period,1 Prestage utilized a “line time” compensation system (also known as a “gang time” or “schedule time” system), whereby Prestage paid its employees only for the hours the production lines were scheduled to operate. (Compl. ¶¶ 18, 21; Pope Aff., DE #45-1, ¶22.) Plaintiffs allege that Prestage failed to pay them and potentially 1,000 other employees regular and overtime pay for actual, compensable time worked. (Compl. ¶¶ 29-30; Pis.’ Mem. Supp. Mot. Class Certification, DE #26, at 9 (estimating number of prospective plaintiffs to be between 300 and 1,000).) Plaintiffs assert that the uncompensated work includes time spent changing into and out of personal protective gear required by Prestage; time spent washing, sanitizing and storing protective gear and work tools; and time spent traveling to and waiting at production lines. (Compl. ¶ 18; Pis.’ Mem. Supp. Mot. Class Certification, DE #26, at 3.) Plaintiffs argue that Prestage’s practices violate both the FLSA and the NCWHA. (Compl.lffl 45-61.) Plaintiffs seek class certification of their state law claims under Rule 23 of the Federal Rules of Civil Procedure and certification of their FLSA claims as a collective action under 29 U.S.C. § 216(b). Prestage opposes certification under both Rule 23 and the FLSA.

[469]*469II. DISCUSSION

A. Motion for Certification as FLSA Collective Action
1. FLSA Certification Procedure

The FLSA permits employees to maintain an action against an employer for unpaid minimum wages and overtime pay on behalf of themselves and all others similarly situated. 29 U.S.C. § 216(b). An employee who desires to participate in an FLSA collective action must “give[ ] his consent in writing to become ... a party....” Id. There are two requirements for the certification of an FLSA collective action. First, the members of the proposed class must be “similarly situated.” Id.; see also De Luna-Guerrero v. N.C. Grower’s Ass’n, Inc., 338 F.Supp.2d 649, 654 (E.D.N.C.2004). Second, the class members must “opt in” by filing their consent to suit.2 Id.

Putative class members are “similarly situated” for the purposes of § 216(b) if they “ ‘raise a similar legal issue as to coverage, exemption, or nonpayment or minimum wages or overtime arising from at least a manageably similar factual setting with respect to their job requirements and pay provisions----’” De Luna-Guerrero, 338 F.Supp.2d at 654 (quoting Ellen C. Kearns, The Fair Labor Standards Act § 18.IV.D.3 (1999)). However, “‘their situations need not be identical. Differences as to time actually worked, wages actually due and hours involved are, of course, not significant to this determination.’ ” Id.

Certification of an FLSA collective action is typically a two-stage process. First, the court makes a preliminary determination whether to conditionally certify the class based upon the limited record before the court. The standard for conditional certification is fairly lenient and requires “ ‘nothing more than substantial allegations that the putative class members were together the victims of a single decision, policy, or plan.’ ” Thiessen v. Gen. Elec. Capital Corp., 267 F.3d 1095, 1102 (10th Cir.2001) (quoting Vaszlavik v. Storage Tech. Corp., 175 F.R.D. 672, 678 (D.Colo.1997)). If the class is conditionally certified, the court typically authorizes plaintiffs’ counsel to provide putative class members with notice of the lawsuit and their right to opt in. Hipp v. Liberty Nat. Life Ins. Co., 252 F.3d 1208, 1218 (11th Cir.2001).

The second determination comes later, usually after discovery is complete, and is typically precipitated by a motion for “decer-tification” by the defendant. At this stage, there is a more developed factual record on which the court can base its decision. The court must again make a factual determination as to whether the opt-in plaintiffs are similarly situated; however, the scrutiny applied in the second stage is more rigorous than that of the notice stage. If the court determines that the plaintiffs are similarly situated, the collective action may proceed. However, if the claimants are not similarly situated, the court decertifies the class, and the claims of the opt-in plaintiffs are dismissed without prejudice. Id.; see also Jimenez-Orozco v. Baker Roofing Co., No. 5:05-CV-34-FL, 2007 WL 4568972, at *6 (E.D.N.C. Dec. 21, 2007).

2. Plaintiffs’ Proposed Class

Plaintiffs define the class for which they seek conditional certification as follows:

[A]U current and/or former employees of Prestage Foods, who have held non-exempt positions working on or near the turkey processing line in Prestage Foods’ turkey processing plant in St. Pauls, North Carolina, who don, doff, wash or sanitize any sanitary and protective clothing, equipment and gear; who engaged in any walking and waiting time associated with these tasks, at any time from June 19, 2006 until the present and were not fully compensated for all hours worked.

(Pis.’ Mot. Conditional Certification of a Collective Action, DE #21, at 1.) Here, Pres-tage argues that the proposed class is overly broad and poorly defined in that it encompasses many Prestage employees who are [470]*470not “similarly situated” to the named plaintiffs. First, Prestage notes that defining the class as employees who work “near” the production line is vague and ambiguous. (Def.’s Mem. Opp’n Pis.’ Mot. Conditional Class Certification, DE # 47, at 15.) More importantly, Prestage claims, the class definition proposed by plaintiffs will include many Prestage employees who regularly perform work duties within the area of the processing line but are paid on a basis other than the line time system that applied to the named plaintiffs.

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Bluebook (online)
271 F.R.D. 465, 2010 U.S. Dist. LEXIS 119792, 2010 WL 4693662, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mclaurin-v-prestage-foods-inc-nced-2010.