Davis v. Kohler Co.
1:15-cv-01263
W.D. Tenn.Aug 30, 2017Background
- Plaintiffs Richard David and Matt Hoffman allege off-the-clock, unpaid work at Kohler Co.’s Union City, Tennessee plant within three years before suit.
- Fourteen additional employees consent to join, asserting Kohler’s off-the-clock policies across multiple facilities.
- Plaintiffs claim violations of FLSA, including work before, during, and after shifts and during meal breaks without compensation.
- Magistrate Judge recommended conditional certification of a collective action and notice provisions; defendant objected to scope and procedures.
- Court adopts recommended two-stage process for FLSA collective actions and ultimately grants conditional certification.
- Certification scope is limited to six Kohler facilities in six states, not nationwide, with potential subclasses to address differing violations and defenses.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether to grant conditional certification of a collective action under FLSA | David and Hoffman's group is similarly situated | Class too diverse; no single policy | Yes; conditional certification granted with six-facility scope |
| What constitutes “similarly situated” for stage-one analysis | Plaintiffs share common FLSA violations | Differences in facilities and job functions possible barriers | Plaintiffs sufficiently similarly situated for conditional certification |
| Scope of the putative class (nationwide vs. six facilities) | All Kohler hourly workers across facilities | Only six facilities supported by evidence; nationwide inappropriate | Limited to six facilities; not nationwide |
| Equitable tolling of statute of limitations for opt-ins; notice and contact info | Equitable tolling appropriate; notice and contact info needed | Tolling and broad notice overly expansive | Equitable tolling approved; notice procedures and contact data ordered |
Key Cases Cited
- Comer v. Wal‑Mart Stores, Inc., 454 F.3d 544 (6th Cir. 2006) (two-stage certification; similarly situated analysis at initial stage)
- O’Brien v. Ed Donnelly Enterp., Inc., 575 F.3d 567 (6th Cir. 2009) (defining similarly situated for FLSA collective actions; policy-based approach)
- Monroe v. FTS USA, LLC, 860 F.3d 389 (6th Cir. 2017) (two-stage certification; flexibility for subclasses and later decertification)
- Hoffmann-La Roche Inc. v. Sperling, 493 U.S. 165 (1989) (policy favoring broad collective actions to aggregate small claims)