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Ash v. K-Mac Enterprises Inc, 4:17-cv-385-DPM. (2017)

Court: District Court, E.D. Arkansas Number: infdco20180201i05 Visitors: 9
Filed: Dec. 27, 2017
Latest Update: Dec. 27, 2017
Summary: ORDER D.P. MARSHALL, JR. , District Judge . 1. Plaintiffs have moved to conditionally certify a collective action under the Fair Labor Standards Act, for disclosure of contact information for potential opt-in plaintiffs, and for approval of related notices. N o 13. The Court appreciates the parties' stipulation, N o 21, but it must make an independent judgment. 2. In terms of K-Mac's hourly rate and bonus structure, current and former K-Mac general managers, assistant manag
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ORDER

1. Plaintiffs have moved to conditionally certify a collective action under the Fair Labor Standards Act, for disclosure of contact information for potential opt-in plaintiffs, and for approval of related notices. No 13. The Court appreciates the parties' stipulation, No 21, but it must make an independent judgment.

2. In terms of K-Mac's hourly rate and bonus structure, current and former K-Mac general managers, assistant managers, and shift assistant managers are similarly situated. All material circumstances considered, plaintiffs have made the modest factual showing required under the fairly lenient legal standard. Hoffman-La Roche, Inc. v. Sperling, 493 U.S. 165 (1989); Freeman v. Wal-Mart Stores, Inc., 256 F.Supp.2d 941, 944-45 (W.D. Ark. 2003). Though group members haven't all worked in the same location, they've had the same jobs during the same time period and were subject to the same bonus policies. Smith v. Frac Tech Services, LLC, No. 4:09-cv-679-JLH (E.D. Ark. 24 Nov. 2009). The Court therefore conditionally certifies the following group:

All current and former general managers (also known as "RGMs") and assistant managers (also known as "AMs" and "SAMs") who worked for K-Mac Enterprises, Inc., at any Taco Bell, KFC, or Long John Silver's restaurant and who were paid an hourly rate and received bonus pay at any time since 9 June 2014.

The Court directs K-Mac, if it hasn't already done so, to give plaintiffs' counsel (in electronic spreadsheet format) a list of names, addresses, and e-mail addresses of group members.

3. The notice, proposed consent forms, reminder postcard, and e-mail are approved with tweaks. No. 13-2, No. 13-3, No. 13-4, & No. 13-5. Please name the employer in the group description. For clarity, please change the format of all dates to date/month/year. Please delete the dash in "hourly paid" each time that phrase appears. And please insert the joinder deadline, of course. The Court applauds the accurate references to the collective action and the group rather than to a class. Plaintiffs' counsel may send these messages by regular mail and e-mail. Here's the schedule.

• K-Mac produces spreadsheet 10 January 2018 • Notice period opens 10 January 2018 • Deadline to mail notice 19 January 2018 • Deadline to mail thirty-day reminder postcard 19 February 2018 • Opt-in period closes 5 March 2018

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Mostly unopposed motion, No. 13, granted as modified.

So Ordered.

Source:  Leagle

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