ALISON J. NATHAN, District Judge:
Named Plaintiffs Debra Julian and Stephanie McKinney bring suit under the Fair Labor Standards Act ("FLSA"), 29 U.S.C. §§ 201-19, and the laws of Connecticut and New York, against their former employer, Metropolitan Life Insurance Company. Currently before the Court is Plaintiffs' motion for conditional certification, disclosure of contact information, and court-authorized notice. Motion, Dkt. No. 34. Plaintiffs request that the Court conditionally certify a collective action comprising "all people employed by MetLife as Claim Specialists and Senior Claim Specialists who worked on long term disability insurance claims (`LTD Claim Specialists') at any time since February 8, 2014 (three years from the filing of the complaint in this action)." Memo. in Support of Motion ("Support"), Dkt. No. 39, at 3 (footnote omitted). For the following reasons, the Court grants the motion for conditional certification and orders the parties
Plaintiffs Debra Julian and Stephanie McKinney formerly worked as LTD Claim Specialists for Metropolitan Life Insurance Company ("MetLife"). Second Amended Complaint ("SAC"), Dkt. No. 17, ¶¶ 1, 14-15. LTD Claim Specialists were tasked with gathering information from insured individuals claiming entitlement to long-term disability benefits and presenting this documentation to MetLife staff and supervisors to approve or deny the claims. SAC ¶ 26. Julian worked for MetLife in Oriskany, New York from 2004 to 2016 and served as an LTD Claim Specialist from 2011 through 2016. SAC ¶ 14. McKinney worked as an LTD Claim Specialist in MetLife's Bloomfield, Connecticut office from 2013 through 2016. SAC ¶ 15. Opt-in Plaintiff Tonya Gill worked as an LTD Claim Specialist from 2009 through 2014 out of MetLife's Chicago-area office. Gill Decl., Dkt. No. 37, ¶¶ 3-4.
On February 8, 2017, Julian
On August 1, 2017, Plaintiffs moved for conditional certification of a collective action under 29 U.S.C. § 216(b) and for court-approved distribution of notice. Motion. In support of their motion, the Plaintiffs each provided a declaration. See Julian Decl., Dkt. No. 35; McKinney Decl, Dkt. No. 36; Gill Decl. Plaintiffs also provided copies of certain MetLife documents, including sections of its Claims Management Guide, Dkt. Nos. 38-3, 38-8, 38-10, 38-11, 38-12, 38-13, 38-14, 38-15 (filed under seal); a training document for new hires, Dkt. No. 38-6 (filed under seal); a document entitled "Claim Review Milestones — Initial," Dkt. No. 38-7 (filed under seal); documents regarding the long-term disability claim management process and decisional components, Dkt. No. 38-9 (filed under seal); and documents describing how long-term disability claims were transitioned to full disability, Dkt. No. 38-16 (filed under seal). Defendants opposed the motion for conditional certification, arguing that Plaintiffs have not established that they are "similarly situated" to members of the proposed class. See Memo. in Opp. ("Opp."), Dkt. No. 48, at 13-27. To support their opposition, Defendants filed numerous documents, including in part transcripts of depositions of the three Plaintiffs, Dkt. Nos. 49-2, 49-3, 49-4; a copy of MetLife's official job description for LTD Claim Specialists, Dkt. No. 49-5; several MetLife documents, Dkt. Nos. 49-11 to -20 (filed under seal); and declarations of 11 current MetLife LTD Claim Specialists attesting
The FLSA authorizes workers to sue on behalf of both themselves and "other employees similarly situated." 29 U.S.C. § 216(b). "District courts have discretion, in appropriate cases, to implement § 216(b) by facilitating notice to potential plaintiffs of the pendency of the action and of their opportunity to opt-in as represented plaintiffs." Vargas v. HSBC Bank USA, N.A., No. 11-cv-7887 (DAB), 2012 WL 10235792, at *3 (S.D.N.Y. Aug. 9, 2012) (quoting Myers v. Hertz Corp., 624 F.3d 537, 554 (2d Cir. 2010)). Courts in this circuit apply a two-step method to determine whether a collective action should be certified. Myers, 624 F.3d at 554-55. "The first step involves the court making an initial determination to send notice to potential opt-in plaintiffs who may be `similarly situated' to the named plaintiffs with respect to whether a FLSA violation has occurred." Id. at 555. At the second step, "the district court will, on a fuller record, determine whether a so-called `collective action' may go forward by determining whether the plaintiffs who have opted in are in fact `similarly situated' to the named plaintiffs." Id. If they are not, the action may be "de-certified," and the opt-in plaintiffs' claims will be dismissed without prejudice. Id.
At the first step, plaintiffs need only "make a `modest factual showing' that they and potential opt-in plaintiffs `together were victims of a common policy or plan that violated the law.'" Id. (quoting Hoffmann v. Sbarro, Inc., 982 F.Supp. 249, 261 (S.D.N.Y. 1997) (Sotomayor, J.)). While this showing "cannot be satisfied simply by `unsupported assertions,'" it "should remain a low standard of proof because the purpose of the first stage is merely to determine whether `similarly situated' plaintiffs do in fact exist." Id. (citation omitted); see also Lynch v. United Servs. Auto. Ass'n, 491 F.Supp.2d 357, 368 (S.D.N.Y. 2007) (describing plaintiffs' burden as "very low" and "minimal"). This standard is "`considerably less stringent' than the requirements for class certification under Rule 23." Poplawski v. Metroplex on the Atl., LLC, No. 11-cv-3765 (JBW), 2012 WL 1107711, at *3 (E.D.N.Y. Apr. 2, 2012) (citation omitted). As a result, in a FLSA exemption case, plaintiffs need only make "some showing that `there are other employees ... who are similarly situated with respect to their job requirements and with regard to their pay provisions,' on which the criteria for many FLSA exemptions are based, who are classified as exempt pursuant to a common policy or scheme." Myers, 624 F.3d at 555 (alteration in original) (citation omitted). In other words, "the Court must merely find some identifiable factual nexus which binds [Plaintiff] and potential class members together as victims of a particular practice." Alvarado Balderramo v. Taxi Tours Inc., No. 15-cv-2181 (ER), 2017 WL 2533508, at *3 (S.D.N.Y. June 9, 2017) (alteration in original) (citation omitted).
To meet this low burden, "[t]he plaintiff may adduce evidence through its own pleadings, affidavits, and declarations, including any hearsay statements contained therein." Morris v. Lettire Constr. Corp., 896 F.Supp.2d 265, 269 (S.D.N.Y. 2012) (citation omitted). "[C]ourts in this circuit have routinely granted conditional collective certification based solely on the personal observations of one plaintiffs affidavit." Hernandez v. Bare Burger Dio Inc., No. 12-cv-7794 (RWS), 2013 WL 3199292, at *3 (S.D.N.Y. June 25, 2013) (collecting cases). At this initial stage, "the court does not resolve factual disputes, decide substantive issues going to the ultimate merits, or make credibility determinations."
The Court finds that the Plaintiffs have met their burden in showing that they are similarly situated to the proposed class of "all people employed by MetLife as Claim Specialists and Senior Claim Specialists who worked on long term disability insurance claims ... at any time since February 8, 2014." Support at 3. Through the robust evidence submitted with their motion, Plaintiffs have shown that LTD Claim Specialists performed similar job duties and were subject to the same policy reclassifying them in November 2013 as exempt from overtime payment under the FLSA as required by Myers. See 624 F.3d at 555.
It is undisputed that prior to November 2013, all LTD Claim Specialists were classified as hourly employees who were not exempt from overtime payment under the FLSA and that in November 2013, all LTD Claim Specialists were reclassified as exempt from the FLSA. See Support at 4 n.4, 9; Opp. at 15-16; see also Gill Decl. ¶¶ 8-13; Julian Decl. ¶¶ 8-13; McKinney Decl. ¶¶ 8-13. As a result, the Court finds that the Plaintiffs have demonstrated that the proposed class of LTD Claim Specialists were "classified as exempt pursuant to a common policy or scheme." Myers, 624 F.3d at 555.
The Defendant does not dispute that LTD Claim Specialists were classified as exempt pursuant to a common policy but argues that exempt classification on its own is not sufficient to demonstrate that all LTD Claim Specialists were "similarly situated." Opp. at 15-16. The Court agrees — under Myers, plaintiffs must demonstrate not only that the proposed employees were classified pursuant to a common policy, but also that the proposed class had similar job duties. See 624 F.3d at 555. If the rule were otherwise, "every case brought before the courts alleging improper designation as non-exempt employees would automatically qualify for conditional class certification." Chemi v. Champion Mortg., No. 05-cv-1238 (WHW),
The Court also concludes that the Plaintiffs have sufficiently shown that all current and former LTD Claim Specialists are "similarly situated" because they had similar job descriptions and responsibilities as required by Myers. See 624 F.3d at 555. First, Plaintiffs all attested in their initial affidavits to having the same primary duties — to "gather information concerning Long Term Disability claims, enter claim information into MetLife systems, and communicate with specialized MetLife staff, such as nurses and vocational experts, and supervisors about the information." Gill Decl. ¶ 14; accord Julian Decl. ¶ 14, 16-17; McKinney Decl. ¶ 16. Contrary to the Defendant's claim, the depositions of the Plaintiffs elicited descriptions of the LTD Claim Specialist job that were very similar to those in the Plaintiffs' depositions. See, e.g., Julian Depo., Dkt. No. 38-4, at 25-29, 59; Julian Depo., Dkt. No. 49-2, at 159-61; McKinney Depo., Dkt. No. 38-5, at 145-46, 201, 208-10, 244. Moreover, even the declarations of LTD Claim Specialists filed by Defendant state that the duties of an LTD Claim Specialist included gathering information about claims, entering information into MetLife's systems, and communicating with MetLife staff about that information. See, e.g., Barry Decl., Dkt. No. 49-17, ¶¶ 3, 7, 16-17; Cala Decl., Dkt. No. 49-18, ¶¶ 3, 5-7, 9-10; Crawford Decl., Dkt. No. 49-19, ¶¶ 3, 5, 7, 10; Hawes Decl., Dkt. No. 49-21, ¶¶ 3-4, 7-8.
At bottom, the declarations and depositions of Plaintiffs and the declarations provided by the Defendant do not dispute what duties LTD Claim Specialists performed, but rather how much discretion LTD Claim Specialists used in performing those duties. Compare Julian Decl. ¶ 18 ("In carrying out my job duties, I, like all
In support of their claims that all LTD Claim Specialists performed the same function, Plaintiffs have also provided MetLife's own training and decision-making materials, including the Claims Management Guide, which provided the process by which claims were expected to be handled. See Dkt. Nos. 38-3, 38-8, 38-10, 38-11, 38-12, 38-13, 38-14, 38-15 (filed under seal) (portions of Claims Management Guide pertaining to claims process); see also Gill Decl. ¶ 18 (describing the claims process as "tightly controlled" and the Claims Management Guide as "provid[ing] detailed instructions for every element" of the LTD Claim Specialist job); Julian Decl. ¶ 18 (same); McKinney Decl. ¶ 20 (same); Barry Decl. ¶ 11 (acknowledging use of Claims Management Guide but disputing frequency of use). By its own terms, the Claims Management Guide was intended to "manage quality" and "maintain consistency" across MetLife's short term disability and long term disability claims processers by "utilize[ing] a standard methodology which includes a system of processes, procedures and resources." Dkt. No. 38-3 at McKinney_MLIC001030 (filed under seal). Newly hired LTD Claim Specialists were likewise subject to a uniform 3-week training program to learn "the claims management process with opportunities imbedded to practice various elements of claims processing." Dkt. No. 38-6 at McKinney_MLIC 001822 (filed under seal). Claims were expected to proceed along a standard timeline with certain milestones set for every 5 to 10 days until the claim was resolved. Dkt. No. 38-7 (filed under seal). LTD Claim Specialists were likewise given uniform claims-process checklists, Dkt. No. 38-9 at Julian_000002635 (filed under seal), and uniform guides for interviewing claimants, Dkt. Nos. 38-10 through -12 (filed under seal), and they prepared decision letters using standardized forms available on MetLife's correspondence software, Dkt. No. 38-13 (filed under seal). In sum, MetLife's determination that all LTD Claim Specialists could
The Defendant does not dispute that all LTD Claim Specialists were given the same guides and training documents. Instead, it argues that "use of guides or handbooks does not prove that an employee is not exercising discretion in judgment in carrying out her duties." Opp. at 17 (citing 29 C.F.R. § 541.704). This argument, however, goes to the merits of whether Plaintiffs were properly designated as exempt from the FLSA's overtime provision and has no bearing on whether LTD Claim Specialists were similarly situated — only whether that group of similarly situated LTD Claim Specialists were entitled to overtime payment. As a result, the Court finds that the MetLife's own manuals support the conclusion that LTD Claim Specialists generally performed the same duties and are thus sufficiently "similarly situated" at this stage of the litigation. The Defendant also asserts that LTD Claim Specialists are not similarly situated because "the record already contains wildly different facts regarding how often the Claims Management Guide is referred to or used" by different LTD Claim Specialists. Opp. at 20. It is not clear at this early stage whether it is legally relevant how often different LTD Claim Specialists consulted the Claims Management Guide. Regardless of the answer to that question, however, a discrepancy in how often LTD Claim Specialists consulted the Claims Management Guide is insufficient to overcome the Plaintiffs' evidence militating in favor of conditional certification — namely, that LTD Claim Specialists were collectively treated as exempt and collectively reclassified subject to a single policy change by their employer. See Myers, 624 F.3d at 555; Jackson, 298 F.R.D. at 161.
The Defendant argue that Plaintiffs — who worked at only three of MetLife's offices — have not sufficiently shown that LTD Claim Specialists from other branches are similarly situated and therefore properly part of the conditionally certified class. Opp. at 21-22; see also SAC ¶ 14 (Julian worked in a New York office); SAC ¶ 15 (McKinney worked in the Connecticut office); Gill Decl. ¶¶ 3-4 (Gill worked in the Illinois office). The Court disagrees.
Based on the declarations of the Plaintiffs, it appears that there are only four or five offices in which LTD Claim Specialists work. See Julian Decl. ¶ 3 n.1 (identifying offices in Oriskany, New York; Bloomfield, Connecticut; Tampa, Florida; Chicago, Illinois; and Marlborough, Massachusetts); McKinney Decl. ¶ 3 n.1 (identifying offices in Bloomfield, Connecticut; Oriskany, New York; Tampa, Florida; and Chicago, Illinois). The three Plaintiffs work at three of these four or five offices and have all attested to performing similar duties and regularly working in excess of forty hours. They have also stated that they know through observation or conversations that other LTD Claim Specialists both in their offices and others perform the same job duties and regularly work over 40 hours. Gill Depo., Dkt. No. 49-4, at 269-76; Julian Depo., Dkt. No. 38-4, at 110, 118-20; Julian
Together, this evidence is sufficient to demonstrate that all LTD Claim Specialists working in any of MetLife's offices are similarly situated for purposes of conditional certification. Courts in this circuit have granted conditional certification where plaintiffs had first-hand knowledge of a much smaller proportion of a corporation's locations. For example, in Ravenell v. Avis Budget Car Rental, LLC, the court granted conditional certification for all shift managers at all 1,000 Avis Car Rental locations even though the plaintiffs had only worked at three of those locations. No. 08-cv-2113 (SLT) (ALC), 2010 WL 2921508, at *1, *4-5 (E.D.N.Y. July 19, 2010). In Guttentag v. Ruby Tuesday, Inc., Judge Baer conditionally certified a collective action covering tipped employees in 750 restaurants in 39 states although the plaintiffs had produced evidence only specifically attesting to the conditions in four of those states. No. 12-cv-3041 (HB), 2013 WL 2602521, at *1-2 (S.D.N.Y. June 11, 2013). Based on such examples, the Court concludes that Plaintiffs have provided sufficient evidence to warrant conditionally certifying a nationwide class of LTD Claim Specialists.
In its opposition to conditional certification, the Defendant raises several objections to the notice proposed by the Plaintiffs both in form and substance. Opp. at 27-28. The parties are ordered to attempt to resolve these disputes related to the method and text of the proposed notice. By April 30, 2018, the parties shall submit a new proposed notice. If, after meeting and conferring, the parties should fail to reach an agreement on one or more issues, the parties are ordered to submit a letter to the Court of no more than eight pages. The letter should identify the precise issue(s) on which disagreement remains and set forth each side's respective position on those issues. Each party should include citations to supporting case law sufficient to enable the Court to render a decision.
For the foregoing reasons, Plaintiffs' motion for conditional certification is granted, and the parties are ordered to submit their jointly proposed notice or joint letter to this Court by April 30, 2018. This resolves Docket Number 34.
Because this Memorandum Opinion and Order may reference information that the parties seek to maintain under seal, the Court will file it under TEMPORARY
SO ORDERED.