Transportation Brief: FLSA Conditional Certification Denied In Driver Case
January 27, 2020
Minimum wage compliance under the Fair Labor Standards Act is determined on a weekly basis: if the total weekly wages divided by the total hours worked exceed $7.25 per hour, the FLSA is satisfied. Further, the FLSA allows a plaintiff to bring a collective action on behalf of similarly situated employees. Before an FLSA case can proceed as a collective action, the court must conditionally certify the case. Courts generally grant conditional certification because the standard is quite lenient. In Shell v. Pie Kingz, LLC, the court denied the plaintiff’s motion for conditional certification. Because the plaintiff’s and other drivers’ wages and expenses varied every week, minimum wage liability could not be determined on a collective basis and instead required a week-by-week, driver-by-driver analysis, precluding collective treatment. Shell represents a rare win for the defendant at the conditional certification stage and should help transportation companies defend against proposed FLSA collective actions by drivers whose compensation, hours worked, and business expenses vary from week to week.
Scopelitis’ Transportation Brief® is intended as a report to our clients and friends on developments affecting the transportation industry. The published material does not constitute an exhaustive legal study and should not be regarded or relied upon as individual legal advice or opinion.
Transportation Brief: AB5 and ABC: The Story Continues
by Shannon M. Cohen , Gregory M. FearyTwo recent decisions have clarified how courts might interpret and analyze California Assembly Bill 5 (AB5). In addition, New Jersey continues to move forward with its efforts to create a more California-like environment. Read more about this and other legislation relating to independent contractors.
Transportation Brief: Choice of Law Questions Continue in California
by Christopher J. Eckhart , Alaina C. HawleyTransportation companies outside of California face difficult questions about whether California law applies to their California operations. Read more about a recent Ninth Circuit decision involving California’s minimum wage and overtime laws applying to non-California residents.
Transportation Brief: Hemp Transportation Remains Risky Business
by Nathaniel G. SaylorDetermining whether hemp qualifies for safe harbor is no easy feat. Read more about the complicating factors that go into determining whether or not to accept shipments of hemp and hemp-derived products.
Transportation Brief: PHMSA Fails to Act on “Harmonization” Rulemaking
by Braden K. CoreTransportation providers are closely watching the Pipeline and Hazardous Materials Safety Administration’s (PHMSA) “harmonization” rulemaking. Read more about this rulemaking, including its potential to change requirements regarding making Lithium Battery Test Summary information available.
Transportation Brief: Spotlight on Scopelitis Class Action Defense
by Andrew J. Butcher , Christopher J. Eckhart , James H. Hanson , Adam C. SmedstadOver the last 15 years, the transportation industry has been subject to an onslaught of wage-and-hour class actions. Legislative efforts like New Jersey’s efforts to adopt the ABC test for misclassification claims and California’s AB 5 ensure wage-and-hour class actions will continue to threaten transportation companies for the foreseeable future. As one of the few legal teams in the country to have successfully tried multiple class actions to verdict, Scopelitis is at the forefront when it comes to making and defending the law. Learn more.
Transportation Brief On the Record: News from Scopelitis
Attorney Timothy Fisher has joined the Firm’s Los Angeles Office. Learn more about Tim and his practice.
- On the Road
Scopelitis attorneys are often invited to participate in meetings with transportation industry leaders. Learn more about their trips this quarter.
Transportation Industry News & Trends