Oakley v. Ohio State Univ. Wexner Med. Ctr.
2019 Ohio 3557
Ohio Ct. App.2019Background
- Plaintiffs (Oakley et al.) sued OSU Wexner Medical Center alleging FLSA and Ohio wage-law violations based on a time-rounding practice and sought collective/class treatment for hourly, non-exempt employees.
- Plaintiffs moved (pre-discovery) for conditional certification under the FLSA and submitted initial supporting evidence (17 individuals).
- Plaintiffs later sought leave to file a second notice of supplemental evidence (sampling of 39 employees); the magistrate denied that request as untimely and recommended denying conditional certification.
- Plaintiffs filed objections and attempted to file additional evidence with their objections; the trial court overruled objections and declined to consider the late supplemental evidence, adopting and modifying the magistrate’s decision.
- Plaintiffs appealed; the appellate court sua sponte considered whether the trial court’s order was a final, appealable order and ultimately dismissed the appeal for lack of jurisdiction.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred by denying leave to file plaintiffs' second notice of supplemental evidence | Oakley: trial court should have allowed additional evidence to support conditional certification | OSU: filing was untimely; court properly refused to consider untimely supplemental evidence | Appellate court did not reach merits; found order denying conditional certification after first-stage was not a final appealable order and dismissed appeal for lack of jurisdiction |
| Whether the trial court erred by refusing to consider evidence submitted with objections to the magistrate's decision | Oakley: additional evidence filed with objections should be considered when reviewing magistrate decision | OSU: trial court permissibly refused to consider untimely/unauthorized supplemental evidence | Not addressed on merits due to lack of appellate jurisdiction; trial court’s refusal likewise falls within a non-final interlocutory ruling |
| Whether denial of conditional certification is appealable as a final order | Oakley: appeals from denial of conditional certification are permissible | OSU: the denial was interlocutory because FLSA collective certification uses a two-stage (conditional then final) process | Court: Denial at the notice/first stage is not a final, appealable order under R.C. 2505.02; appeal dismissed for lack of jurisdiction |
Key Cases Cited
- Lanstberry v. Tilley Lamp Co., Ltd., 27 Ohio St.2d 303 (Ohio 1971) (final order must dispose of whole case or a separate, distinct branch)
- Comer v. Wal-Mart Stores, Inc., 454 F.3d 544 (6th Cir. 2006) (two-stage approach for FLSA "similarly situated" and conditional certification at notice stage)
- Hoffmann-La Roche Inc. v. Sperling, 493 U.S. 165 (U.S. 1989) (courts have discretion to conditionally certify for notice in appropriate cases)
- In re NFL Players Concussion Injury Litig., 775 F.3d 570 (3d Cir. 2014) (order granting conditional certification is not final and not appealable)
- Mickles v. Country Club, Inc., 887 F.3d 1270 (11th Cir. 2018) (conditional certification orders are not final appellate orders)
- Noble v. Colwell, 44 Ohio St.3d 92 (Ohio 1989) (Civ.R. 54(B) language cannot convert a nonfinal order into a final appealable order)
- Riverside v. State, 190 Ohio App.3d 765 (Ohio Ct. App. 2010) (appellate court may raise lack of final appealable order sua sponte)