Summary
denying certification of a nationwide FLSA collective action where the plaintiffs had submitted 24 declarations of putative class members in 8 states who were employed at 28 of the defendant's 1000 branch offices; court found averments that the employees were not paid for all overtime hours, that the managers pressured them not to record overtime hours, the managers altered the time records that reflected overtime hours, and the managers offered "flex time" in lieu of overtime compensation were insufficient to demonstrate a nationwide common policy or practice
Summary of this case from Mancuso v. Florida Metropolitan University, Inc.Opinion
No. C 06-4347 SI.
February 20, 2008
ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS' RENEWED NOTICE OF MOTION AND MOTION FOR LEAVE TO AMEND
Plaintiffs have filed a motion to amend the complaint, seeking to add plaintiffs who never signed arbitration agreements and to expand the putative class to include "senior credit managers" and "loan processors." The Court GRANTS the motion in part. Plaintiffs may add plaintiffs who did not sign arbitration agreements. However, in light of the Court's denial of plaintiffs' motion for conditional certification, plaintiffs' request to expand the putative class is DENIED as moot. (Docket No. 183). Plaintiffs' second amended complaint must be filed by February 29, 2008.