decertify the collective action, and the court denied the motion. The defendantcontended the plaintiffs’ claims were not viable because they failed to establish theexistence of a common policy requiring uncompensated work. Id. at *2. The defendantfurther asserted that any off-the-clock work that the plaintiffs were required to providewas at the directive of union officials. The court, however, found that through theirdeclarations and deposition testimony the plaintiffs sufficiently established that thedefendant had common policy requiring pavers to arrive prior to their shifts withoutbeing paId. As a result, the court determined that the plaintiffs made the requisiteshowing necessary to establish they were similarly-situated to the other members of thecollective action. For these reasons, the court denied the defendant’s motion todecertify.III.Top FLSA / Wage & Hour Class And Collective Settlements In 2022In 2022, the top settlements were clustered in California, with six of the top ten wageand hour settlements. Other than Washington, no other state had more than one of thetop ten settlements.1. $185 million – Senne, et al. v. Office Of The Commissioner Of Baseball,Case. No. 14-CV-608 (N.D. Cal. Aug. 26, 2022) (preliminary approval grantedfor a class action settlement of wage and hour claims alleging that baseballplayers were not paid minimum wage for spring training, extended season work,and off season training).235© Duane Morris LLP 2023Duane Morris Class Action Review – 2023
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