Winfield v. Citibank, N.A.
843 F. Supp. 2d 397
S.D.N.Y.2012Background
- Plaintiffs move for conditional certification of a nationwide FLSA collective for Personal Bankers; CitiBank opposes.
- Actions Ruiz and Winfield are consolidated for this motion; Ruiz brings FLSA and NYLL claims, Winfield brings FLSA nationwide claims and state-law subclasses.
- Plaintiffs allege Personal Bankers were non-exempt and not always paid overtime; they claim a dual-edged policy of limiting overtime while enforcing aggressive sales quotas.
- Evidence includes depositions and affidavits from Personal Bankers across multiple branches stating they were pressured not to report overtime or that timesheets were altered.
- Class is proposed to include approximately 4,000 nationwide Personal Bankers; court may amend the Class List and notice terms; hearsay objections were raised but not deemed fatal at this stage.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether plaintiffs are similarly situated for § 216(b) certification | Plaintiffs allege a common unlawful policy affecting overtime | Plaintiffs are not uniformly situated due to inconsistencies | Yes; modest factual showing suffices; conditionally certified |
| Whether there is a common policy or plan that violated the law | Dual policies created pattern of unpaid overtime | Policies lawful on their face; alleged violations are rogue-manager acts | Yes; evidence shows nationwide impact of de facto policy |
| Whether Dukes commonality applies at 216(b) stage | Dukes standards are not required at notice stage; 216(b) is lower threshold | Dukes dictates a commonality requirement | Dukes not applied here; conditional certification granted under Myers standard |
| Whether hearsay statements should be stricken at this stage | Hearsay is permissible for notice-stage and weight is for later | Hearsay should be stricken | Denied without prejudice |
| Whether nationwide notice is appropriate (scope and limitations) | Notice to New York and nationwide members appropriate; class list expanded | Limit to specific branches and timeliness concerns | Nationwide notice approved; NY six-year notice permissible for NYLL claims |
Key Cases Cited
- Myers v. Hertz Corp., 624 F.3d 537 (2d Cir. 2010) (establishes two-step framework for FLSA collective actions; 'modest factual-showing' at notice stage)
- Falcon v. Starbucks Corp., 580 F. Supp. 2d 528 (S.D. Tex. 2008) (supports nationwide collective action where unlawful pattern arises from policies across stores)
- Seever v. Carrots Corp., 528 F. Supp. 2d 159 (W.D. N.Y. 2007) (recognizes use of some hearsay evidence at notice stage to determine notice)
- Fasanelli v. Heartland Brewery, Inc., 516 F. Supp. 2d 317 (S.D.N.Y. 2007) (rejects requirement of Rule 23-level commonality at notice stage; supports conditional certification)
- Realite v. Ark Rests. Corp., 7 F. Supp. 2d 303 (S.D.N.Y. 1998) (early authority on conditional certification and notice shifts)