Opinion
CIVIL ACTION No. 10-2131-KHV.
August 11, 2011
MEMORANDUM AND ORDER
Wayne Gambrell and Arturo Ayala bring suit against Weber Carpet, Inc. and Joe's Carpet Springfield, LLC on behalf of themselves and others similarly situated, seeking unpaid straight time, overtime premiums and related penalties and damages under the Fair Labor Standards Act ("FLSA"), 29 U.S.C. § 201 et seq. On October 21, 2010, pursuant to 29 U.S.C. § 216(b), the Court conditionally certified a class of flooring installers for Weber Carpet, Inc., and Joe's Carpet Springfield, LLC who were not paid for straight time and/or overtime premiums for all hours worked in excess of 40 in a workweek for the three-year period prior to the date of certification. See Docs. #23, 30. This matter is before the Court on the Joint Motion For In Camera Review Of Appendix A To Joint Stipulation Of Settlement, Approval Of FLSA Collective Action Settlement, And Dismissal With Prejudice (Doc. #42) filed July 29, 2011.
In their complaint, plaintiffs also bring alternative claims under Rule 23, Fed.R.Civ.P., which allege violations of the Kansas Minimum Wage and Maximum Hours Law ("KMWMHL"), K.S.A. § 44-1201 et seq., and the Kansas Wage Paymant Act ("KWPA"), K.S.A. § 44-313 et seq. Those claims were not part of the FLSA collective action conditional certification.
The Court appointed Gambrell and Ayala as class representatives. See Doc. #20. According to the Joint Stipulation Of Settlement, filed July 29, 2011, four individuals have opted to join the class, bringing the total number of class members to six. See Doc. 41, ¶ 3.3.
I. Legal Standards
II. Analysis
See Worford v. City of Topeka2004 WL 316073Nixon v. Warner Commc'ns, Inc.435 U.S. 589597-99Crystal Grower's Corp. v. Dobbins616 F.2d 458461Stapp v. Overnite Transp. Co. 1998 WL 229538Worford2004 WL 316073Crystal Grower's Corp. 616 F.2d at 461See id. See id. See id See id. Joint Stipulation Of Settlement See in camera 5.2Worford 2004 WL 316073McCaffrey v. Mortgage Sources, Corp.2010 WL 4024065see also Valdez v. Se. Kan. Indep. Living Res. Ctr., Inc.
IT IS THEREFORE ORDERED that the Joint Motion For In Camera Review Of Appendix A To Joint Stipulation Of Settlement, Approval Of FLSA Collective Action Settlement, And Dismissal With Prejudice (Doc. #42) filed July 29, 2011 be and hereby is OVERRULED.