Dinkel v. Medstar Health, Inc.
2012 U.S. Dist. LEXIS 104733
D.D.C.2012Background
- Plaintiffs allege FLSA and DC-MWA violations for failure to compensate time spent on meal breaks and for off-the-clock uniform maintenance at MedStar Health, Inc. and Washington Hospital Center.
- Action seeks conditional certification under 29 U.S.C. § 216(b) to send notice to all non-exempt, hourly employees at nine MedStar hospitals during May 26, 2008 to present.
- Court-approved discovery produced by Defendants; no motions to compel filed; parties completed depositions and document exchange.
- Court adopts a two-stage framework for conditional certification to determine if employees are similarly situated, with notice at the first stage and merits at the second stage.
- Court conditionally certifies narrowly tailored meal break collective for WHC’s Emergency Department and 4NE Medical Cardiology Unit; certifies uniform maintenance claim for all nine hospitals split into DC and MD subclasses.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether meal break claim can be conditionally certified | Dinkel seeks broad claim covering all nine hospitals. | Policy scope too broad; only certain departments/hospitals show common practice. | Granted in part; narrow certification for WHC Emergency Department and 4NE Medical Cardiology Unit only. |
| Whether auto-deduct policy across hospitals suffices for certification | Auto-deduct policy suggests common policy affecting missed breaks. | Policy alone is not enough; evidence of uniform practice lacking across all hospitals. | The Court excludes several hospitals from the meal break certification due to lack of nexus evidence. |
| Whether WHC non-department employees can be included in meal break certification | All WHC non-exempt hourly employees should be included. | Disparate departments/roles preclude a manageable, common policy. | Excluded employees outside Emergency Department and 4NE Medical Cardiology Unit from meal break certification. |
| Whether uniform maintenance claim can be conditionally certified across all nine hospitals | Similar dress/appearance policies exist across all hospitals. | Not meaningfully opposed; scope should be broader if manageable. | Conditionally certified for all nine hospitals with two DC/MD subclasses due to DC-MWA cross-jurisdictional differences. |
Key Cases Cited
- Hoffmann-La Roche Inc. v. Sperling, 493 U.S. 165 (1989) (two-stage, notice-plus-merits framework for collective actions under FLSA)
- Myers v. Hertz Corp., 624 F.3d 537 (2d Cir. 2010) (modest factual showing sufficient for first-stage certification)
- Symczyk v. Genesis HealthCare Corp., 656 F.3d 189 (3d Cir. 2011) (similarly situated standard at initial certification stage)
- Comer v. Wal-Mart Stores, Inc., 454 F.3d 544 (6th Cir. 2006) (class action presence and conditional certification framework)
- Morgan v. Family Dollar Stores, Inc., 551 F.3d 1233 (11th Cir. 2008) (non-merits-based inquiry for conditional certification)
- Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541 (2011) (manageability and discretion in class-action certification)