Cramer v. Arkesia, Inc.
Cramer v. Arkesia, Inc.
Opinion of the Court
THIS MATTER is before the Court on its own initiative. Plaintiffs Hannah Cramer and Jessica Blakley ("Named Plaintiffs") bring this action, on behalf of themselves and all other persons similarly situated, against several adult entertainment *775establishments in the Richmond, Virginia-area and William Andreas Pyliaris (collectively "Defendants"), alleging violations of the Fair Labor Standards Act ("FLSA"),
On May 4, 2018, Named Plaintiffs filed three Notices of Acceptance with Offer of Judgment (ECF Nos. 166-68) informing the Court that Opt-in Plaintiffs Caitlin Griggs, Deanna Danger, and Emily LaCuesta had each accepted an Offer of Judgment from Defendants. The issue before the Court is whether or not these Opt-in Plaintiffs are properly considered parties to this action prior to any decision regarding conditional certification or any determination as to whether they are similarly situated to Named Plaintiffs, within the meaning of the FLSA. For the reasons that follow, the Court determines that the Opt-in Plaintiffs are parties to this action. Therefore, the Clerk is DIRECTED to enter Judgment for the three individuals identified above.
The FLSA allows a plaintiff to bring an action against an employer that fails to pay minimum wage or compensate for overtime hours as a collective action.
Conditional certification of a collective action is not a prerequisite to joinder by similarly situated parties. In pertinent part, the FLSA provides:
An action to recover the liability prescribed in either of the preceding sentences may be maintained against any employer (including a public agency) in any Federal or State court of competent jurisdiction by any one or more employees for and in behalf of himself or themselves and other employees similarly situated. No employee shall be a party plaintiff to any such action 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.
The Court of Appeals for the Eleventh Circuit recently addressed the legal status of employees that file their consent to join in the suit before the district court conditionally certifies the collective action. See Mickles, et al. v. Country Club, Inc. , No. 16-17484,
In this case, the Named Plaintiffs brought this action on behalf of themselves and others similarly situated. (See Am. Compl.) Subsequently, Opt-in Plaintiffs filed their written consent to join the suit with this Court. (See ECF Nos. 52-1, 86-1.) Accordingly, the Opt-in Plaintiffs are parties to this action unless and until this Court determines they are not similarly situated to Named Plaintiffs. The Clerk is therefore DIRECTED to enter Judgement pursuant to Opt-in Plaintiffs Caitlin Griggs's, Deanna Danger's, and Emily LaCuesta's Acceptance of Federal Rule of Civil Procedure 68 Offer of Judgment (ECF Nos. 166-68).
The Clerk is DIRECTED to send a copy of this Memorandum Order to all counsel of record.
It is so ORDERED.
An additional form was completed and returned by Named Plaintiff Jessica L. Blakley (ECF No. 52-1, at 11), which will be disregarded as she joined in the Amended Complaint as a named party to this action.
Reference
- Full Case Name
- Hannah CRAMER v. ARKESIA, INC., d/b/a Club Rouge
- Cited By
- 1 case
- Status
- Published