Employment & Labor Law
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Smith v. Tradesmen International, Inc.
17 Fla. L. Weekly Fed. D9a (S.D.Fla. October 17, 2003)
Smith sued on behalf of himself and other employees for violation of the Fair Labor Standards Act's minimum wage provisions. Smith argued the court should authorize the notification of other employees of the defendant for opt-in purposes. Before issuing such an order, the district court should determine: (1) whether there are other employees who desire to opt-in; and (2) whether these employees are similarly situated with respect to their job requirements and pay provisions. The 11th Circuit recommended the following approach: during the early stages of litigation, the district court should apply a lenient standard of proof that, if satisfied, grants conditional certification allowing notice and an opportunity to opt-in. At this stage, plaintiffs need only show their positions are similar, not identical, to the positions held by the putative class members. However, plaintiffs must still demonstrate a reasonable basis for crediting their assertions that aggrieved individuals exist in the broad class they propose, and the district court's power to authorize notice must be exercised with discretion and only in appropriate cases. Here, the court found that there was insufficient discovery to make the determination of whether similarly situated plaintiffs existed. The court dismissed the plaintiff's request without prejudice so more discovery could be conducted, however, the court instructed the defendant to release the files containing the names, addresses and phone numbers of all similarly situated employees of the defendant.
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