Morse v. NTI Services, Corp
2:20-cv-02173
| S.D. Ohio | Sep 9, 2020Background
- Plaintiff Samuel Morse, a former NTI cable installer/technician, alleges NTI paid technicians on piece-rate/commission and undercalculated the regular rate, causing unpaid overtime from April 29, 2017 through case resolution.
- NTI was retained by WideopenWest (WOW) to install and service products; technicians performed installations/repairs after introductory training.
- Plaintiff seeks collective action certification under the FLSA for all current/former NTI cable technicians/installers who worked >40 hours in any workweek after training during the putative class period.
- Parties jointly moved for conditional certification, submitted a proposed Notice Packet, and agreed procedural timing: NTI to produce names/addresses by Sept. 1, 2020 (or 3 days after the order); plaintiff’s counsel to mail notices within 7 days of receipt.
- Parties agreed on a 75-day opt-in period and limited contact with potential opt-ins during that period (except for address updates or responding to inquiries); NTI reserved defenses including that pay was commission-based or exempt.
- The Court granted the joint stipulation: conditional certification approved, Notice Packet approved, production/mailing procedures ordered, and a 75-day opt-in period authorized.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Conditional certification: are putative plaintiffs "similarly situated" for notice-stage certification? | Morse: common pay scheme (piece/ per-job rates) and common underpayment theory support similarity. | NTI: disputes characterization of pay (commission vs piece rate), reserves right to oppose final certification/decertify after discovery. | Court: Conditional certification granted; plaintiff met light notice-stage burden. |
| Approval of Notice Packet | Morse: proposed notice is timely, accurate, informative; court-supervised notice necessary. | NTI: agreed to joint stipulation and notice terms. | Court: Approved the Notice Packet as fair and accurate. |
| Production of employee contact info and mailing responsibilities | Morse: request NTI produce names/addresses and allow plaintiff to mail notices. | NTI: agreed under stipulation while reserving defenses. | Court: Ordered NTI to produce contact info and authorized plaintiff’s counsel to mail notices per timeline. |
| Opt-in period length and contact restrictions | Morse: proposed 75-day opt-in period; restrict outreach except updating addresses/responding to inquiries. | NTI: agreed; clarified normal business interactions not barred. | Court: Approved a 75-day opt-in period and the stipulated contact limitations. |
Key Cases Cited
- Comer v. Wal-Mart Stores, Inc., 454 F.3d 544 (6th Cir. 2006) (two-step FLSA collective-action framework; similarly situated and written opt-in requirements)
- O'Brien v. Ed Donnelly Enters., Inc., 575 F.3d 567 (6th Cir. 2009) (discussing definition and limits of "similarly situated" at notice stage)
- White v. Baptist Mem'l Health Care Corp., 699 F.3d 869 (6th Cir. 2012) (describing lenient standard for conditional certification)
- Hoffmann-La Roche Inc. v. Sperling, 493 U.S. 165 (1989) (courts should oversee notice in collective actions; notice must be timely, accurate, and informative)
- Pritchard v. Dent Wizard Int'l, 210 F.R.D. 591 (S.D. Ohio 2002) (similarity standard for conditional certification)
- Morgan v. Family Dollar Stores, Inc., 551 F.3d 1233 (11th Cir. 2008) (final-certification stage requires more than allegations/affidavits to show similarity)