Evidence Of Flsa Violations Since Mt. Clemens Pottery Essay

704 Words Jul 11th, 2016 3 Pages
It is possible that representative testimony from a subset of similarly situated plaintiffs can be used to facilitate evidence of FLSA violations when such proof would ordinarily be individualized. See Morgan v. Family Dollar Stores, Inc., 551 F.3d 1223, 1263-65 (11th Cir. 2008). Since Mt. Clemens, courts have granted back wages to non-testifying employees based on a pattern or practice presented by testimony of other employees within their job category. Bells v. Farms Ins. Exchange, 115 Cal. App. 4th 715 (2004). So far, there appears to be no comprehensive criteria set to establish under what circumstances representative testimony is allowed/restricted. Many courts rely on the standard set in Mt. Clemens Pottery (“just and reasonable inference”) as a starting point for analysis on whether or not a testifying group of plaintiffs is fairly representative of non-testifying plaintiffs. Anderson v. Mt. Clemens Pottery Co., 328 U.S. 680 (1946). (See Baden-Winterwood v. Lifetime Fitness Inc., 729 F. Supp. 2d 965, 997 (S.D. Ohio 2010).) In Lifetime Fitness, the court held that representational testimony is subject to whether or not the district court can reasonably conclude that there was sufficient evidence to show the amount and extent of uncompensated work as a matter of “just and reasonable inference”. The court further found that generally a worker can represent other workers if they complete substantially similar work. The court held that there was no minimum ratio of…

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