Labor & Employment Law Daily Wrap Up, WAGE-HOUR—CLASS ACTIONS—Other litigation developments, (Jan 9, 2025)
By WK Editorial Staff
A roundup of court actions granting conditional certification of FLSA collective and Rule 23 class actions of interest to the labor and employment community.
Last mile delivery drivers for Amazon were granted their renewed motion for conditional certification of an FLSA collective action alleging their employer misclassified them as independent contractors and owes them unpaid wages and expenses; FLSA collective (Rittman v. Amazon, Inc., No. C16-1554-JCC (W.D. Wash. Dec. 2, 2024)).
In-home healthcare providers were granted their motion for Rule 23 certification of a class action alleging their employer wrongfully denied them overtime pay for all hours worked in excess of 40 hours in a workweek; Rule 23 class (Apodoca v. Armada Skilled Home Care of NM LLC, No. 18-cv-1071 KG/JFR (D.N.M. Dec. 4, 2024)).
Manual laborers for a roofing company were granted a motion for conditional certification of an FLSA collective action for unpaid wages and overtime compensation; FLSA collective (Cajilema v. Barrett Roofs, Inc., No. CV-230080 (GRB) (AYS) (E.D.N.Y. Dec. 7, 2024)).
Truckdrivers were granted a motion for class certification of a Rule 23 class action alleging that the employer violated overtime provisions of the Washington Minimum Wage Act; Rule 23 class (Carlson v. Swift Transportation Co. of Arizona, LLC, No. 3:23-cv-057022-RJB (W.D. Wash. Dec. 9, 2024)).
Technician employed by a company providing maintenance of wind turbines was granted his motion for conditional certification of an FLSA collective action alleging that his employer had a policy of requiring workers to deduct 30-minute meal break from daily hours, but pressured workers to work through mealtime; FLSA collective (Olmedo v. Sky Climber Wind Solutions LLC, No. 3:24-cv-05303-DGE (W.D. Wash. Dec. 9, 2024)).
Sales representatives of a logistics company were a granted motion for court-authorized notice of action alleging their employer violated the FLSA and state laws by classifying them as exempt from overtime; FLSA collective (Burr v. Loadsmart, Inc., No. 23 C 3708 (N.D. Ill. Dec. 16, 2024)).
Optometry employees were granted a motion for conditional certification of an FLSA collective action alleging that they routinely worked off-the-clock but were not compensated for overtime hours; FLSA collective (Vanorden v. ECP Optometry Services LLC, No. CV-24-01060-PHX-DWL (D. Ariz. Dec. 23, 2024)).
Movers for a company in the business of full-service moving, junk removal and trash pick-up, and providing packing and donation pick-up services were granted a motion for conditional certification of an FLSA collective action alleging the employer failed to pay them overtime wages for work in excess of 40 hours in a workweek; FLSA collective (Abrams v. Mansari LLC, No. 8:24-cv-949-CEH-TGW (M.D. Fla. Dec. 26, 2024)).
Cases: WageHour ClassActions EmployeeStatus WorkingTime Overtime MinimumWage Exemptions StateLawClaims