Oakley v. Ohio State Univ. Wexner Med. Ctr.
Case Details
- Judge(s)
- Shaver
- Status
- Published
- Procedural Posture
- Magistrate recommended denial of conditional class certification under 29 USC 216(b)
Outcome
Conditional class certification under the FLSA was denied because the defendant did not uniformly enforce its clock-in and clock-out rounding policy, preventing plaintiffs from establishing a widespread violation affecting all class members.
Excerpt
FLSA, Class Certification- Plaintiffs sought conditional certification of an FLSA class pursuant to 29 USC 216(b) based on a clock-in and clock-out rounding policy. The magistrate found that potential plaintiffs were identified and submitted affidavits. However, the magistrate found evidence of a widespread discriminatory practice lacking because defendant did not uniformly enforce the clock-in and clock-out rounding policy and, therefore, that plaintiffs could not prove a violation as to all plaintiffs. Thus, the magistrate recommended denial of conditional class certification.
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