Duane Morris Class Action Review - 2023 - Report - Page 236
decertify the collective action, and the court denied the motion. The defendant
contended the plaintiffs’ claims were not viable because they failed to establish the
existence of a common policy requiring uncompensated work. Id. at *2. The defendant
further asserted that any off-the-clock work that the plaintiffs were required to provide
was at the directive of union officials. The court, however, found that through their
declarations and deposition testimony the plaintiffs sufficiently established that the
defendant had common policy requiring pavers to arrive prior to their shifts without
being paId. As a result, the court determined that the plaintiffs made the requisite
showing necessary to establish they were similarly-situated to the other members of the
collective action. For these reasons, the court denied the defendant’s motion to
decertify.
III.
Top FLSA / Wage & Hour Class And Collective Settlements In 2022
In 2022, the top settlements were clustered in California, with six of the top ten wage
and hour settlements. Other than Washington, no other state had more than one of the
top 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 granted
for a class action settlement of wage and hour claims alleging that baseball
players were not paid minimum wage for spring training, extended season work,
and off season training).
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Duane Morris Class Action Review – 2023
