317 F. Supp. 3d 421
D.C. Cir.2018Background
- Plaintiffs are drivers who provided non-emergency medical transportation (NEMT) under contracts between various transportation companies and Medical Transportation Management, Inc. (Defendant) for DC Medicaid patients.
- Plaintiffs allege Defendant is an "employer" under the FLSA and failed to pay effective minimum wage and overtime for work exceeding 40 hours/week.
- Plaintiffs moved for conditional collective-action certification and for equitable tolling of the FLSA statute of limitations for putative opt-in members.
- Defendant opposed certification, pointing to variations in pay practices across subcontracting transportation companies and submitted an affidavit claiming compliance by one contractor.
- The court stayed briefing pending a motion to dismiss, then found that tolling was appropriate because the stay risked time-barring opt-in plaintiffs.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Conditional certification of FLSA collective | Plaintiffs showed a common policy/practice leading to unpaid overtime and below-effective-minimum wages across drivers contracting through Defendant | Variations in pay systems among subcontractors and at least one contractor complies with FLSA, so class not uniformly situated | Granted: Plaintiffs met the low threshold for conditional certification; differences immaterial at this stage |
| Scope of the collective (time period / who) | All individuals who provided NEMT under Defendant's DC contracts from Oct 2, 2014 to present | N/A (defendant challenged commonality but not specific temporal scope) | Collective certified for Oct 2, 2014 to present |
| Tolling statute of limitations for putative opt-ins | Toll from Oct 2, 2017 (date motion filed) due to court-induced delay and plaintiffs' diligence | N/A (defendant did not successfully oppose tolling) | Granted: equitable tolling from Oct 2, 2017 until 90 days after notice issues |
| Notice content and method (texts, database, SSNs, postings) | Text messages appropriate given transient workforce; request for database (contact info) but not SSNs initially; posting and mailing to contractors | Objected to some notice features; sought limits on communications and disclosure | Court approved notice including texts, required defendant to provide a computer-readable driver database (names, employers, addresses, emails, mobile numbers, dates of employment, birth dates) within 14 days; declined to compel SSNs absent proof other methods failed; ordered postings and mailings to contractors |
Key Cases Cited
- Stephens v. Farmers Rest. Grp., 291 F. Supp. 3d 95 (D.D.C. 2018) (survey of FLSA collective-certification law; modest showing standard)
- Ayala v. Tito Contractors, 12 F. Supp. 3d 167 (D.D.C. 2014) (low burden for conditional certification when common policy alleged)
- Myers v. Hertz Corp., 624 F.3d 537 (2d Cir. 2010) (explaining "similarly situated" standard for FLSA collective actions)
- Castillo v. P & R Enters., 517 F. Supp. 2d 440 (D.D.C. 2007) (conditional certification principles)
- Hunter v. Sprint Corp., 346 F. Supp. 2d 113 (D.D.C. 2004) (collective members must share a common legal theory entitling each to relief)
- Dinkel v. MedStar Health, Inc., 880 F. Supp. 2d 49 (D.D.C. 2012) (addressed limits of evidence required at conditional-certification stage)
- Holland v. Florida, 560 U.S. 631 (2010) (equitable tolling requires reasonable diligence and extraordinary circumstances)