Brief in Opposition to Motion for Conditional Collective Action Certification and for Court-Approved Notice to Collective Class (Overtime and Minimum Wage Claims under the FLSA) (GA Federal Court)

Summary

This memorandum of law opposed plaintiff's motion for conditional collective action certification under section 216(b) of the Fair Labor Standards Act (FLSA). Plaintiffs alleged that defendant failed to pay them overtime and the minimum wage in violation of the FLSA. The court found that plaintiffs did not demonstrate a reasonable basis for believing potential class members were similarly situated to each other or the named plaintiffs. Accordingly, the court did not grant conditional class action certification. See Beecher v. Steak N Shake Operations, Inc., 904 F. Supp. 2d 1289 (N.D. Ga. 2012).