Turner v. BFI Waste Servs., LLC
Turner v. BFI Waste Servs., LLC
Opinion of the Court
This matter is before the court on a motion for approval of proposed notice and consent forms filed by defendants BFI Waste Services d/b/a Republic Services, Republic Services of South Carolina, LLC d/b/a Republic Services, and Republic Services Inc. (collectively "Republic"). For the reasons set forth below, the court denies Republic's motion.
I. BACKGROUND
Turner is a residential waste disposal driver for Republic. Turner originally *651worked at Republic's North Charleston, South Carolina location. On April 22, 2014, he transferred to Republic's Concord, North Carolina location. For completing his trash collection route, Turner was paid a "day rate," which was $135.00 per day at the time of his initial hire in North Charleston, South Carolina and $152.13 per day in Concord, North Carolina. ECF No. 44 at 2. In addition to this day rate, Turner was paid on an hourly basis for a variety of required tasks, including: (1) "help pay" for time spent collecting trash on another employee's route, and (2) "downtime" for when his truck was inoperable, when he was attending a safety meeting, or when he was training another driver. The hourly rates were added together with the "day rate" to come to the "total wages" for the week, which was divided by the total number of hours worked during the week to arrive at the "regular rate" of pay. When calculating overtime, Republic would pay half of that regular rate as the overtime premium.
After Turner began his employment at the North Charleston, South Carolina location of Republic, he was allegedly regularly required to work more than 40 hours per week. Turner alleges that he and other drivers received only half-time pay for hours worked over 40, instead of receiving overtime at a rate of time and a half the "regular rate" based on a 40-hour work week. On August 17, 2016 Turner filed suit citing violations of the FLSA's overtime provisions, alleging that: (1) Republic miscalculated his and other drivers' regular rate of pay, paying them overtime at an illegally low rate of pay ("regular rate theory"), and (2) Republic automatically deducted a thirty minute meal break each shift even though drivers regularly worked through the meal period, thus failing to pay all owed overtime ("meal break theory").
On August 7, 2017, the court granted Turner's motion for conditional class certification. Republic filed a motion for approval of proposed notice and consent forms on August 29, 2017, ECF No. 55. Turner responded on September 1, 2017, ECF No. 56, and Republic replied on September 8, 2017, ECF No. 57. The motion has been fully briefed and is now ripe for the court's review.
II. DISCUSSION
Republic moves for the court to approve its proposed notice and consent forms, arguing that in its August 7, 2017 order granting Turner's motion to certify the class and denying Republic's motion for partial summary judgment, ECF No. 54, ("the Order") the court granted conditional certification only as to the regular rate claim. Republic contends that under its interpretation of the Order, the notice and consent forms should reflect that the meal break claim was not conditionally certified, and that the consent forms should be limited to the regular rate claim. Turner's proposed notice form, on the other hand, includes the meal break claim, and the consent form defines the FLSA action as one for "owed wages" under the statute as opposed to restricted to the regular rate claim. To resolve this motion, the court must determine whether conditional certification under the FLSA operates on a claim-by-claim basis or for the action as a whole. This issue is narrow but appears to be one of first impression within this circuit. In line with the plain language of FLSA § 216(b), Prickett v. DeKalb County,
In the Order, this court "grant[ed] Turner's motion for conditional class certification."
*652Turner v. BFI Waste Servs., LLC,
It's always a good idea to start with the plain language of the FLSA. Disabled in Action of Pennsylvania v. Se. Pennsylvania Transp. Auth.,
In addition to the plain language of § 216(b), the Eleventh Circuit's opinion in Prickett also guides this court in finding that once a collective action has been certified, FLSA plaintiffs opt in to an action as a whole as opposed to a claim-by-claim basis. In Prickett, the named plaintiffs filed a motion to amend the complaint to add a third FLSA claim after several hundred additional plaintiffs joined the class. Prickett,
Courts interpreting Prickett have held that where multiple FLSA claims are alleged, employees who opt in to a FLSA collective action become parties to any and all FLSA claims alleged by the named plaintiffs.
Republic attempts to distinguish Prickett as a case that governs how to interpret the consent forms for opt-in plaintiffs, as opposed to whether conditional certification should be granted to the action as a whole. Republic argues that the Eleventh Circuit's subsequent decision in Albritton v. Cagle's, Inc.,
[ § 216(b) ] instructs us that, "No employee shall be a party plaintiff to any such action [under the Fair Labor Standards Act] unless he gives his consent in writing to become such a party and such consent is filed in the court in which such action is brought."29 U.S.C. § 216 (b) (emphasis added). When the attorneys filed these two new lawsuits, they commenced new actions-distinct from the original [ ] action to which the plaintiffs had consented to opt into and be bound by. Having initiated new actions, § 216(b) required the attorneys to file new consents with the court.
*654The Albritton court clearly states that the filing of new lawsuits is the commencement of new "actions" within the meaning of § 216(b). It does not, however, interpret the term "action" to mean new "claims" within one FLSA action. Certainly, a case that is filed years after the initial FLSA suit cannot be combined with the initial FLSA suit to form one collective "action" under § 216(b). But it is in line with Albritton to find that multiple claims that are brought in one FLSA action-such as the meal break claim and the regular rate claim here-constitute one "action" under § 216(b).
It is also persuasive that a number of courts have held that where opt-in plaintiffs have opted in to FLSA claims, those plaintiffs are also a party to any state law claims filed in the new hybrid suit. See Ansoumana v. Gristede's Operating Corp.,
Ultimately, the FLSA is a remedial statute that "has been construed liberally to apply to the furthest reaches consistent with congressional direction." Prickett,
IV. CONCLUSION
For the reasons set forth above, the court DENIES Republic's motion for approval of proposed notice.
AND IT IS SO ORDERED .
All facts are presented in the light most favorable to the plaintiff.
During the hearing, Republic referenced the recent decision in Hart v. BarbequeIntegrated, Inc.,
Reference
- Full Case Name
- Darren TURNER, on behalf of himself and others similarly situated v. BFI WASTE SERVICES, LLC d/b/a Republic Services Republic Services of South Carolina, LLC d/b/a Republic Services and Republic Services, Inc.
- Cited By
- 5 cases
- Status
- Published