931 F. Supp. 2d 842
S.D. Ohio2013Background
- Plaintiffs filed a FLSA overtime action on behalf of current and former Mortgage Loan Officers (MLOs) at PNC Bank.
- Court previously conditionally certified a nationwide MLO class covering all weeks since November 3, 2008.
- Court ordered PNC to provide contact information for potential class members and to submit a proposed notice and distribution plan.
- Parties disagreed on the scope of notice, specifically whether to include pre-February 13, 2010 claimants and whether to toll the statute of limitations.
- Court held equitable tolling is appropriate and approved notice to a defined period of MLOs (March 19, 2009 to April 4, 2011), with tolling from March 19, 2012 to 60 days after notice is mailed.
- Notice and contact-information production were conditionally granted with specific dates for implementation and alterations to the proposed notice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether equitable tolling applies to extend the FLSA statute of limitations. | Struck/Kusslerow seek tolling to preserve claims for 2008–2010 opt-ins. | Defendant contends tolling is not warranted and limits notice to timely claims. | Equitable tolling is granted in part; tolling justified for putative opt-ins. |
| Scope of notice class and tolling period. | Notice should cover 2008–2011 MLOs; tolling should extend. | Limit notice to timely claims and narrower date range. | Notice approved for March 19, 2009 to April 4, 2011; tolling from March 19, 2012 to 60 days after notice. |
| Whether to compel production of pre-February 13, 2010 contact information. | Plaintiffs seek withheld contact details for 2008–2010 MLOs. | Defendant argues information should be produced under court oversight. | Defendant ordered to produce contact information for the notice class within seven days. |
| What is the proper notice form and adjustments to it. | Joint proposed notice should be approved with minor textual alterations. | N/A | Notice approved with specified alterations to recipient line and overtime-claim item. |
Key Cases Cited
- Baden-Winterwood v. Life Time Fitness, 484 F. Supp. 2d 822 (S.D. Ohio 2007) (equitable tolling power exists and can be applied to FLSA actions)
- Truitt v. County of Wayne, 148 F.3d 644 (6th Cir. 1998) (tolling discretion depends on circumstances of case)
- Allen v. Yukins, 366 F.3d 396 (6th Cir. 2004) (five-factor test for tolling applies; diligence and reasonable reliance matter)
- Irwin v. Department of Veterans Affairs, 498 U.S. 89 (U.S. 1990) (statutory tolling principles; tolling allowed in appropriate cases)
- Amini v. Oberlin College, 259 F.3d 493 (6th Cir. 2001) (equitable tolling considerations in employment cases)
- Graham-Humphreys v. Memphis Brooks Museum of Art, Inc., 209 F.3d 552 (6th Cir. 2000) (equitable tolling factors; flexibility in application)
- Baldwin County Welcome Center v. Brown, 466 U.S. 147 (1984) (early deadlines and equitable tolling considerations)
- Cook v. Comm’r of Social Security, 480 F.3d 432 (6th Cir. 2007) (five-factor framework for tolling analysis)
- Rose v. Dole, 945 F.2d 1331 (6th Cir. 1991) (ignorance of the law can support tolling in some contexts)
- Owens v. Bethlehem Mines Corp., 630 F. Supp. 309 (S.D. W. Va. 1986) (diligence considerations in tolling)