Nicholas B. Carter and Maria T. Davis obtained an order from a federal judge in Massachusetts denying a request to broaden individual claims under the Fair Labor Standards Act to similarly situated individuals.
The judge ruled that the two individual plaintiffs – former managers of the client employer's stores in Massachusetts – had previously waived any right to seek certification of a collective action for overtime pay under the FLSA.
The plaintiffs sought collective action certification in their original complaint filed in 2012, but then subsequently dismissed that claim voluntarily, while adding a retaliation claim to the complaint. The FLSA claim was dismissed on summary judgment, then reinstated on appeal and remanded to the trial court.
"This sequence of events – initially bringing the collective action claims; amending to remove those claims; amending again without reasserting those claims; proceeding to settlement, final judgment, appeal, and remand; and only then seeking to reassert the collective action claims – constitutes waiver of those claims," wrote U.S. District Court Judge Leo T. Sorokin.
The judge also denied the plaintiffs' request to consolidate their case with another case involving two different employees of the client employer.
Mr. Carter, a partner at the firm, has a broad business litigation practice, having successfully tried numerous cases in federal and state courts in a wide variety of matters. Ms. Davis, an associate, represents plaintiffs and defendants in business litigation and arbitration.