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.
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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Motion for Summary Judgment, Employment, Age Discrimination, Sex Discrimination. No genuine issues as to any material fact existed regarding plaintiff's claims for age or sex discrimination. Defendant presented legitimate, non-discriminatory reasons for plaintiff's termination. Plaintiff failed to establish a prima facie case by presenting facts which demonstrated that defendant's reasoning for termination of plaintiff's employment was pretextual. Defendant's motion for summary judgment was granted.
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