193 F. Supp. 3d 318
S.D.N.Y.2016Background
- Plaintiff Jordan Warman was a Candidate for ANSI’s 17024 program who signed an Assessor Agreement classifying him as an independent contractor and attended unpaid New Assessor Training, a 2014 Annual Training, and an onsite Assessment; ANSI never certified him or paid him for training time.
- Warman sued under the FLSA (and NYLL) seeking unpaid minimum and overtime wages and moved for conditional collective certification, court-facilitated notice, and expedited disclosure of potential opt-in contact information.
- Proposed collective: all persons ANSI required to attend New Assessor Training, Annual Training, or other training/assessments from July 13, 2012 to present; two subclasses: (A) Candidates who participated in training, and (B) Assessors who participated in Annual Training.
- Warman’s theory for Candidates: ANSI treated Candidates as exempt/trainees and therefore did not pay them for training time; his individual claim relies heavily on his participation in the Annual Training where he alleges ANSI materially benefitted.
- ANSI opposed conditional certification, arguing Warman’s own experience is not representative, that putative class members’ experiences vary across programs and roles, and key legal inquiries (trainee exemption vs independent-contractor status) differ among subclasses.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether to conditionally certify a collective of all Candidates who attended training | Warman: ANSI uniformly treated Candidates as exempt/independent contractors and required unpaid training, so Candidates are similarly situated | ANSI: Candidates’ experiences vary by program, timing (e.g., not all attended Annual Training), and role; common proof of misclassification is lacking | Denied — Warman failed to show common proof that Candidates were similarly situated; his reliance on his own Annual Training experience was insufficient and speculative for a nationwide class |
| Whether to conditionally certify a collective of Assessors who attended Annual Training | Warman: Assessors were also uniformly misclassified as independent contractors and unpaid for Annual Training | ANSI: Assessors (certified, long-term relationship, different duties) differ materially from Warman (a Candidate), so legal/factual issues differ | Denied — Insufficient factual nexus between Warman and Assessors; different legal issues (trainee inquiry for Warman vs independent-contractor analysis for Assessors) mean they are not similarly situated |
| Whether to permit court-facilitated notice and expedited disclosure of opt-in contact info | Warman: notice/disclosure necessary if collective conditionally certified | ANSI: opposes notice because conditional certification is unwarranted | Denied as part of denial of conditional certification (no notice/disclosure ordered) |
Key Cases Cited
- Myers v. Hertz Corp., 624 F.3d 537 (2d Cir. 2010) (two-step collective certification framework; modest factual showing standard at first stage)
- Glatt v. Fox Searchlight Pictures, Inc., 811 F.3d 528 (2d Cir. 2016) (requirement that common proof address relevant misclassification factors)
- Hoffmann-La Roche, Inc. v. Sperling, 493 U.S. 165 (U.S. 1989) (courts may facilitate notice to potential opt-in plaintiffs under the FLSA)
- Walling v. Portland Terminal Co., 330 U.S. 148 (U.S. 1947) (trainee exemption under the FLSA)
- Goldberg v. Whitaker House Co-op., Inc., 366 U.S. 28 (U.S. 1961) (economic reality test governs employment under the FLSA)