Jackson v. Bloomberg, L.P.
298 F.R.D. 152
S.D.N.Y.2014Background
- Plaintiff Shavez Jackson, NY resident, was a Bloomberg GCSR from Feb 2008 to Sep 2010 and sues for purported overtime violations under FLSA and NYLL.
- Bloomberg previously classified GCSRs as exempt; under a 2013 DOL settlement, GCSRs were reclassified as non-exempt and notified by Bloomberg.
- GCSRs’ duties centered on answering and routing customer calls; they also performed special projects and training tasks, with time spent on calls approximately five hours daily.
- GCSRs are salaried for 40 hours per week, but Plaintiff alleges consistent overtime without overtime pay or proper recording of time.
- Plaintiff seeks conditional certification of a FLSA collective and Rule 23 class for NYLL claims, plus notice and data for identifying potential members; motion granted.
- Court discusses two-step FLSA collective analysis, current similarities among GCSRs, and later-stage merits for exemption defenses; damages via badge data and Mt. Clemens framework; equitable tolling granted for motion delay.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether plaintiffs are similarly situated for FLSA collective | Jackson argues GCSRs share primary duties and policies | Bloomberg argues varied duties may require individualized inquiries | Yes, conditional certification granted |
| Whether NYLL class is appropriate under Rule 23 | GCSRs share overtime policy and injury | Exemption considerations and individual issues predominate | Yes, Rule 23 class certified |
| Whether administrative exemption applies at this stage | Exemption defenses should be resolved later with discovery | Some GCSRs may be exempt based on duties | Exemption issues reserved for second stage; not defeat of certification at this stage |
Key Cases Cited
- Dukes v. Wal-Mart Stores, Inc., 131 S. Ct. 2541 (2011) (Rule 23 class certification favored; high level of commonality in wage claims noted)
- Damassia v. Duane Reade, Inc., 250 F.R.D. 152 (S.D.N.Y. 2008) (Exemption analysis and predominance in NYLL wage claims)
- Jacob v. Duane Reade, Inc., 289 F.R.D. 408 (S.D.N.Y. 2013) (Class certification despite possible exemptions; similar duties across stores)
- Myers v. Hertz Corp., 624 F.3d 537 (2d Cir. 2010) (Two-step approach to FLSA collective actions; similarity standard at conditional stage)
- Reich v. Southern New England Telecomms. Corp., 121 F.3d 58 (2d Cir. 1997) (Damages framework for unpaid OT where records are incomplete; Mt. Clemens framework)