Bradford v. Logan's Roadhouse, Inc.
137 F. Supp. 3d 1064
M.D. Tenn.2015Background
- This is a FLSA collective action lawsuit brought by tipped employees of Logan’s Roadhouse Restaurants (LRI) alleging nationwide wage violations.
- Plaintiffs Bradford and Bolen, Tennessee residents, worked as tipped employees within the last three years.
- Plaintiffs allege a centralized LRI policy of underpaying tipped employees through practices such as off-the-clock work, excessive non-tip work, phantom tips, and under-recording hours.
- The complaint asserts LRI violated minimum wage and overtime provisions by these practices across multiple states.
- Plaintiffs seek conditional certification of a nationwide collective action and court-ordered disclosure of employee information to facilitate notice.
- Court granted in part and denied in part the Motion for Conditional Certification and set forth notice/disclosure procedures.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court should conditionally certify a nationwide FLSA collective action | Bradford/Bolen show a common policy violating FLSA for many employees | LRI contends individualized issues and merits dominate | Conditionally certified nationwide collective action allowed |
| Whether the proposed notice protocol and data disclosure are appropriate | Notice should be broad to inform all potential opt-ins; disclosure of names/addresses proper | Limitations on scope and contact info; prefer shorter notice | Notice protocol approved with meet-and-confer; list of names/addresses ordered; other contacts not ordered at this time |
| Whether equitable tolling should be considered at this stage | Potential tolling may be warranted to preserve claims while notices go out | Tolling premature | Equitable tolling not decided at this stage; may be addressed later |
| Whether discovery/supporting declarations establish 'similarly situated' class | Declarations show common policies across states; sufficient at first stage | Some declarations merit challenge; merits not to be resolved at stage one | Record supports 'similarly situated' finding for conditional certification |
Key Cases Cited
- O’Brien v. Ed Donnelly Enters., 575 F.3d 567 (6th Cir.2009), 575 F.3d 567 (6th Cir. 2009) (defining ‘similarly situated’ standard for FLSA collective actions)
- White v. Baptist Mem’l Health Care Corp., 699 F.3d 869 (6th Cir.2012), 699 F.3d 869 (6th Cir. 2012) (two-phase approach to certification; burden at stage one is modest)
- Comer v. Wal-Mart Stores, Inc., 454 F.3d 544 (6th Cir.2006), 454 F.3d 544 (6th Cir. 2006) (two-step certification framework; lenient first stage standard)
- Hoffmann-La Roche v. Sperling, 493 U.S. 165 (1989), 493 U.S. 165 (Supreme Court 1989) (court-supervised notice to inform potential class members; early notice aids case management)
- Ware v. T-Mobile USA, 828 F.Supp.2d 948 (M.D. Tenn. 2011), 828 F.Supp.2d 948 (M.D. Tenn. 2011) (supports nationwide conditional certification with common theory)