Briggs v. PNC Fin. Servs. Grp., Inc.

31 Citing cases

  1. Latipov v. An Enter.

    23-cv-01859 (N.D. Ill. Feb. 7, 2024)   Cited 1 times

    However, conditional certification is not automatic and to proceed as a collective action, plaintiffs must “demonstrate similarity among the situations of each plaintiff beyond simply claiming that the FLSA has been violated; an identifiable factual nexus that binds the plaintiffs together as victims of a particular violation of the overtime laws generally must be present.” Briggs v. PNC Fin. Servs. Grp., Inc., 2016 U.S. Dist. LEXIS 33703, at *2 (N.D. Ill. Mar. 16, 2016) (citations omitted). If plaintiffs can show that they and others are similarly situated, the court may “conditionally certify the case as a collective action and allow notice of the case to be sent to similarly situated employees who may then opt in.

  2. Hannah v. Huntington Nat'l Bank

    Case No. 18-cv-7564 (N.D. Ill. May. 21, 2020)   Cited 4 times

    Plaintiffs' burden increases with each, directly proportional to discovery progress." See Briggs v. PNC Fin. Servs. Grp., Inc., 2016 WL 1043429, at *1 (N.D. Ill. 2016). This case is at the first step, the more lenient "conditional certification" stage.

  3. Ruffolo v. Lasalle Grp., Inc.

    Case No. 18 C 3305 (N.D. Ill. Feb. 28, 2019)   Cited 1 times

    A successful motion for conditional certification must make a "modest factual showing" that Plaintiffs and their putative collective were victims of a common policy or plan that violated the law. Briggs v. PNC Fin. Servs. Grp., Inc., No. 15-CV-10447, 2016 WL 1043429, at *2 (N.D. Ill. Mar. 16, 2016). Plaintiffs can make this showing through affidavits, declarations, deposition testimony, or other documents.

  4. White v. APFS LLC

    23 CV 5464 (N.D. Ill. Sep. 30, 2024)

    But a plaintiff may not satisfy this burden by simply claiming the defendant violated the FLSA; they must point to “an identifiable factual nexus that binds the plaintiffs together as victims of a particular violation of the overtime laws.” Briggs v. PNC Fin. Servs. Grp., Inc., 2016 WL 1043429, at *2 (N.D. Ill. Mar. 16, 2016) (citations omitted).

  5. Heller v. Curaleaf Holdings, Inc.

    No. 22CV1617 (N.D. Ill. Jun. 27, 2024)   Cited 1 times

    Although lenient, conditional certification is not automatic, and plaintiffs must “demonstrate similarity among the situations of each plaintiff beyond simply claiming that the FLSA has been violated; an identifiable factual nexus that binds the plaintiffs together as victims of a particular violation of the [relevant law] generally must be present.” Briggs v. PNC Fin. Servs. Grp., Inc., No. 15-CV-10447, 2016 WL 1043429, at *2 (N.D. Ill. Mar. 16, 2016). “A unified policy, plan, or scheme, though is not necessarily required to satisfy the similarly situated requirement, especially if a collective action would promote judicial economy because there is otherwise an identifiable factual or legal nexus.”

  6. Dye v. Knight Hawk Holdings, LLC

    23-cv-1329-DWD (S.D. Ill. Jun. 21, 2024)

    (Plaintiff must provide “some evidence in the form of affidavits, declarations, deposition testimony, or other documents to support the allegations that other similarly situated employees were subjected to a common [unlawful] policy” (internal citation omitted)). The Court does not, however, “make merits determinations, weigh evidence, determine credibility, or specifically consider opposing evidence presented by a defendant.” Id. (quoting Briggs v. PNC Fin. Servs. Grp., Inc., No. 15-CV-10447, 2016 WL 1043429, at *2 (N.D. Ill. Mar. 16, 2016)). A factual nexus that binds potential members of a collective action together is sufficient to meet this burden.

  7. Richards v. Eli Lilly & Co.

    1:23-cv-00242-TWP-MKK (S.D. Ind. Mar. 25, 2024)   Cited 1 times

    Reliance on defendant declarations is largely misplaced when the court analyzes certification under step one. See Briggs v. PNC Fin. Servs. Grp., 2016 WL 1043429, at *6 (N.D. Ill. Mar. 16, 2016) (defendant's declarations "are futile in the Court's step one analysis"); Salmans v. Byron Udell & Assocs., 2013 WL 707992, at *4 (N. D Ill. Feb. 26, 2013) ("[W]hether .. discrepancies [between potential class members] will become important down the road does not affect the current question of conditional certification.") (citation omitted).

  8. Williams v. Tophat Logistical Sols.

    703 F. Supp. 3d 913 (N.D. Ill. 2023)   Cited 1 times

    Conditional certification is not automatic and to proceed as a collective action, plaintiffs must "demonstrate similarity among the situations of each plaintiff beyond simply claiming that the FLSA has been violated; an identifiable factual nexus that binds the plaintiffs together as victims of a particular violation of the overtime laws generally must be present." Briggs v. PNC Fin. Servs. Grp., Inc., 2016 WL 1043429, at *2 (N.D. Ill. Mar. 16, 2016) (citations omitted). If a plaintiff can show that others are similarly situated, the Court may "conditionally certify the case as a collective action and allow the plaintiffs to send notice of the case to similarly situated employees who may then opt in as plaintiffs."

  9. Millings v. Transdev Servs.

    No. 20-CV-07711 (N.D. Ill. Oct. 6, 2023)

    Even if the evidence provided by Transdev suggests that the plaintiffs might face an uphill battle on the merits, it does not diminish the plaintiffs' factual showing that other similarly situated employees exist who may have been subject to the unlawful policy that they allege in their declarations. See Briggs v. PNC Fin. Servs. Grp., Inc., No. 15-CV-10447, 2016 WL 1043429 at *5 (N.D. Ill. Mar. 16, 2016) (“[I]t is within the Court's wide discretion to determine whether Plaintiffs hurdle their minimal burden to show that the proposed plaintiffs are similarly situated without ‘consider[ing] the merits of a plaintiff's claims[.]'” (quoting Nehmelman v. Penn Nat. Gaming, Inc., 822 F.Supp.2d 745, 751 (N.D. Ill. 2011))). For the plaintiffs' claim based on the automatic deduction of a thirty-minute meal break, notice may be sent to non-exempt drivers who worked at the Baltimore and Woodland facilities during the relevant period.

  10. Iannotti v. Wood Grp. Mustang

    603 F. Supp. 3d 649 (S.D. Ill. 2022)   Cited 7 times

    Id. (quoting Briggs v. PNC Fin. Servs. Grp., Inc. , No. 15-CV-10447, 2016 WL 1043429, at *2 (N.D. Ill. Mar. 16, 2016) ). A factual nexus that binds potential members of a collective action together is sufficient to meet this burden.